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Agenda Packet City Council - 03/24/2020
Cit of Cor us Christi 1201 Leopard Street o� `uCorpus Christi,TX 78401 f r , cctexas.com ' ' Meeting Agenda - Final-revised ap'141YgV'xi;V City Council Tuesday,March 24,2020 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Mayor Joe McComb. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. PUBLIC COMMENT- AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. This testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER City of Corpus Christi Page 1 Printed on 3/23/2020 City Council Meeting Agenda-Final-revised March 24,2020 G. MINUTES: 1. 20-0410 Regular Meeting of March 17, 2020. H. BOARD &COMMITTEE APPOINTMENTS: 2. 20-0403 Corpus Christi Downtown Management District (1 vacancy) Reinvestment Zone No. 3 Board (1 vacancy) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 16) 3. 20-0434 Ordinance Approving and Extending the Second Amended Order Regarding Public and Private Gatherings Ordered by the Mayor of the City of Corpus Christi Texas on March 18, 2020; providing for penalties; and declaring an emergency. Consent-Second Reading Ordinances 4. 20-0342 Zoning Case No. 0120-04, H.I. Investments and City of Corpus Christi (District 4). Ordinance rezoning property at or near 6099 and 6101 Ennis Joslin Road from the "RS-10" Single-Family 10 District to the "ON" Neighborhood Office District. Planning Commission and Staff recommend Approval. sponsors: Development Services 5. 20-0053 Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Planning Commission recommends approval. Staff recommends Denial and in lieu thereof, approval of the "RS-TF" Two Family District. sponsors: Development Services 6. 20-0325 Ordinance amending an element of the Comprehensive Plan, specifically the City's Water Distribution System Master Water Plan for South of Oso Creek to facilitate looping of the waterline during development of Kings Landing subdivision. Sponsors: Planning & Environmental Services, Development Services and Utilities Department 7. 20-0261 Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, covering North Beach, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone#4 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding City of Corpus Christi Page 2 Printed on 3/23/2020 City Council Meeting Agenda-Final-revised March 24,2020 participation of Del Mar College in the amount of approximately $9.3 million over 20 years, and other matters relating thereto. Sponsors: Business Liaison 8. 20-0385 Ordinance disannexing approximately 869.2 acres, located north of Corpus Christi Bay and west of the City of Ingleside's extraterritorial jurisdiction, from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. Sponsors: Planning & Environmental Services 9. 20-0384 Ordinance amending Ordinance No. 031817 by adjusting the boundary of the City's Industrial District No. 8 to include disannexed tracts; and approving Industrial District Agreement No. 103 with Occidental Chemical Corporation, Ingleside Cogeneration Limited Partnership, Ingleside Ethylene, LLC, and OXYMAR. Sponsors: Planning & Environmental Services 10. 20-0333 Ordinance abandoning and vacating a 20-foot wide by approximately 150-feet long (3,000 sq. ft.) utility easement out of Lots 14-19, Block 8 in Portairs Addition, located at 4462 Ayers Street. (District 2) Sponsors: Development Services 11. 20-0394 Ordinance to revise procedures and rental fees for use of Sunrise Beach RV Park camp sites effective April 1, 2020. Sponsors: Utilities Department 12. 20-0357 Ordinance authorizing purchase of 6.529 acres at or near 22787 Park Road 25, in Mathis Texas, near Sunrise Beach RV Park on Lake Corpus Christi, from John Antinarella in amount of$315,000; appropriating $315,000 from the unreserved fund balance in the Water Fund for this purpose. Sponsors: Utilities Department Consent- Contracts and Procurement 13. 20-0268 Resolution authorizing a purchase of non-lethal impact guns and accessories from GT Distributors of Austin, Texas, for a total amount of $116,729.60 for the Police Department with funding available through the FY 2020 Law Enforcement Trust Fund. Sponsors: Police Department and Contracts and Procurement 14. 20-0232 Resolution authorizing a two-year service agreement with up to two additional one-year option periods with AutoWorks Unlimited, LLC, of Corpus Christi, Texas, in an amount not to exceed $300,013.00 for installation and repairs of radios and in-car cameras in Police Department vehicles with FY 2020 funding in the amount of$75,003.25 available in the City of Corpus Christi Page 3 Printed on 3/23/2020 City Council Meeting Agenda-Final-revised March 24,2020 General Fund. Sponsors: Police Department and Contracts and Procurement 15. 20-0242 Motion authorizing a three-year supply agreement with Texan Waste Equipment, Inc., dba Heil of Texas, of San Antonio, Texas in an amount not to exceed $1,950,000.00 for the purchase of garbage truck parts, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of$325,000.00 available through the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Contracts and Procurement Consent- Capital Projects 16. 20-0290 Motion authorizing execution of Change Order No. 6 to the Oso Water Reclamation Plant Headworks and Lift Station project with CSA Construction, Inc. of Houston, Texas, to repair two clarifier systems that remove solids from wastewater, in the amount of$1,477,067.05 for a total contract value of$25,227,127.30, located in City Council District 4, effective upon issuance of notice to proceed, with funding available from the FY 2018 Wastewater Capital Improvement Program Budget. Sponsors: Utilities Department and Engineering Services K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEM 17) 17. 20-0359 Zoning Case No 0220-01, Cliff Investments, Inc. (District 3). Ordinance rezoning property at or near 430 North Padre Island Drive (State Highway 358) from the "RM-3" Multifamily 3 District and "CG-2" General Commercial District to the "IL" Light Industrial District. Planning Commission and Staff recommend Approval. A3/4 favorable vote of City Council is required due to opposition by an adjacent property owner. Sponsors: Development Services M. REGULAR AGENDA: N. FIRST READING ORDINANCES: ITEMS 18 - 19) 18. 20-0358 Ordinance accepting funds in the amount of$25,409.75 from the State of Texas - Law Enforcement Officer Standards and Education Account for Police Officer training; and appropriating $25,409.75 in the Police Grants Fund. Sponsors: Police Department 19. 19-1686 Zoning Case No. 1019-01, Ed Rachal Foundation (District 1). Ordinance rezoning property at or near 2212 Morris Street from the "RS-6" Single-Family 6 District to the "CI/SP" Intensive Commercial District with a City of Corpus Christi Page 4 Printed on 3/23/2020 City Council Meeting Agenda-Final-revised March 24,2020 Special Permit. Planning Commission recommends denial. Staff recommends approval. (3/4 Vote is required to overrule Planning Commission's Recommendation) sponsors: Development Services O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: (ITEMS 20 -21) 20. 20-0295 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to collective bargaining matters in the Agreement(s) with the Corpus Christi Police Officers' Association and the Corpus Christi Professional Firefighters' Association. 21. 20-0428 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP and North Padre Waterpark Holdings, Ltd., a Developer Agreement for Park Road 22 Bridge and Village Canal with Padre Island Holdings, LLC and Diamond Beach Holdings, LLC and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS R. 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V District 4 Current resident of the city? Yes r No If yes, how many years? 11 Mobile: (361) 563-5083_ Business: (361) 82_5-332.0 _ Primary Phone Alternate Phone Texas A&M University-Corpus Vice President Institutional ChristiAdvancement Employer Job Title Work Address-Street Address and Suite Number 6300 Ocean Dr., Unit 5741 Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78412 .1aime N Rarrera Pane 1 of 5 Work Phone 3618253320 Work E-mail address jaime.nodarse@tamucc.edu Preferred Mailing Address V Work Address Which Boards would you like to apply for? CORPUS CHRIST] DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) EDUCATION Texas A&M University, College Station, TX Financial Planning Certificate Program Financial Planning Certificate Completion University of South Florida,Tampa, FL Graduate School of Arts and Sciences, Department of Applied Anthropology Master of Arts in Applied Anthropology University of South Florida, Tampa, FL College of Public Health, Department of Community and Family Health Master of Public Health in Maternal and Child Health Lawrence University, Appleton, WI Bachelor of Arts cum laude in Anthropology Independent Research cum laude PROFESSIONAL AFFILIATIONS Council for Advancement and Support of Education (2012-Present) Association of Fundraising Professionals, Coastal Bend Chapter(2014-Present) Corpus Christi Estate Planning Council (2015-2019) COMMUNITY ACTIVITY (Present) Corpus Christi Symphony Orchestra Board of Directors (2019-Present) United Corpus Christi Chamber of Commerce Governmental Affairs Committee (2018-Present) Six Points Kiwanis Club, Past President(2012-Present)Women's and Men's Health Services Board of Directors, Past President(2014-Present) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A .1aimp N Barrpra Pane 2 of Why are you interested in serving on a City board, commission or committee? As the Vice President of Institutional Advancement at Texas A&M University-Corpus Christi, it would be an honor to serve on the DMD Board of Directors as the representative from Texas A&M University- Corpus Christi.The University's expansion into downtown Corpus Christi is monumental both for the University and our community. Our investment in downtown is a commitment to working collaboratively to positively impact and assist in the revitalization of the downtown area. We believe that a vibrant downtown benefits everyone through enhanced economic development, recruitment and retention of high-achieving students and young professionals, increasing opportunities for innovation and growing cultural events in arts and entertainment.And,we believe that Texas A&M-Corpus Christi can add to the positive improvements and energy that are building through the efforts of the DMD. Personally, I believe in the power of a vibrant downtown and want to live in a community that invests in and benefits from a downtown that is thriving. I have seen the effects of the DMD's work over the past several years and want to be a part of the effort happening to make our downtown safer, more beautiful and bustling with new businesses. I love living in Corpus Christi and believe that we have an opportunity to build on the momentum happening over the last several years to make positive progress. Upload a Resume^ Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? rYes rNo Does your employer or your spouse's employer have a City contract? r Yes r No Jaime N Barrpra Paae 3 of 5 Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? V Property Owner Verification Jaime N Rarrpra Pane 4 of 5 City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. PF I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. PF I Agree Jaime N Barrera Pane 5 of 5 Jaime Nodarse Barrera 450 Coral Place Corpus Christi,Texas 78411 361-563-5083 EDUCATION Texas A&M University, College Station,TX Financial Planning Certificate Program Financial Planning Certificate Completion University of South Florida,Tampa, FL Graduate School of Arts and Sciences, Department of Applied Anthropology Master of Arts in Applied Anthropology University of South Florida,Tampa, FL College of Public Health, Department of Community and Family Health Master of Public Health in Maternal and Child Health Lawrence University,Appleton,WI Bachelor of Arts cum laude in Anthropology Independent Research cum laude EXPERIENCE Texas A&M University-Corpus Christi December 2012-Present_ Vice President of Institutional Advancement March 2020- Present Acting Vice President of Institutional Advancement May 2019-February 2020 ■ Provide strategic leadership in cultivating relationships for the University with alumni, donors, friends of the University,board members and elected officials ■ Work closely with the University President and Administration to set challenging, yet realistic, fundraising priorities and goals that align with the strategic plan of the institition ■ Procure resources to advance the goals and mission of the University and personally manage a portfolio of high-level donors and prospective donors ■ Lead and manage the departments of Advancement Services,Alumni Relations, Development and Stewardship, and coordinate with the Texas A&M-Corpus Christi Foundation in regards to solicitation and management of donations ■ Lead planning and implementation of the current Capital Campaign ■ Create and implement departmental work plans designed to strategically and incrementally increase alumni engagement, alumni participation rate, and overal philanthropic support for the University over time ■ Regularly assess and report progress on fundraising and work plan goals to the University President and Administration Assistant Vice President of Development August 2017-May 2019 Nodarse Barrera 1 ■ Identified, cultivated, solicited, and stewarded major, special and planned gifts ■ Planned and implemented campaigns related to major, special and planned giving ■ Led planning and implementation of Capital Campaign ■ Supervised the Executive Director of Alumni Relations and oversaw alumni relations, the National Islander Alumni Association Board of Directors, and all engagement activities including outreach and participation with the Young Business Professionals of the Coastal Bend ■ Supervised the Executive Director of Development and oversaw all aspects of annual, mid and major level Development activities;-including Annual Fundi Parents'Council, President's Council, Faculty&Staff Giving Campaign, and the Student Foundation Association ■ Supervised the Executive Director of Advancement Services and oversaw all aspects of prospect research, gift processing, database management, and records and reporting ■ Supervised the Stewardship Coordinator and oversaw all donor relations, stewardship, and event planning activities ■ Supervised the Foundation Coordinator and acted as the liasion with the Texas A&M- Corpus Christi Foundation Interim Director of Marketing July-August 2017 ■ In addition to AVP duties, oversaw supervision and management of the Marketing department during family leave of the director ■ Supervised graphic designer, social media coordinator, photographer and web developers daily assignments ■ Oversaw content layout and editing for University print and online publications ■ Implemented the first phase of a major University-wide marketing campaing, Islander Impact, to include facilitating meetings with external consultant, review and approval of all marketing materials, and implementation of new materials on external and internal channels Interim Director of Communications August 2017-January 2018 ■ In addition to AVP duties, acted as Director of Communications during staffing transition of that position prior to the hiring of a new VP of Marketing and Communications ■ Oversaw management and operations of communications team, including writing staff, videographer,public information requests, public relations, and the administrative assistant ■ Acted as the University Public Information Officer, including throughout Hurricane Harvey ■ Led communications efforts for the entire University throughout Hurricane Harvey, including mandatory evacuation of campus, messaging throughout the hurricane,post- disaster messaging and public relations, and communications during the re-opening of campus ■ Worked directly with the Incident Command Officer and Team and the President of the University to ensure students, parents, faculty, staff, alumni and the community were updated regularly about the impact of the hurricane on campus and the delayed start of the semester ■ Served the President as the primary content manager and messaging expert Director of Foundation and Corporate Relations December 2012-June 2015 ■ Administered the preparation and submissions of foundation and corporate gift proposals for the Office of Development Nodarse Barrera 2 ■ Identified and solicited corporate partners for the Achieve Campaign ■ Directed the identification and cultivation of prospective foundation and corporate funders ■ Directed stewardship efforts to maintain positive relationships with existing foundation and corporate donors ■ Supervised grant writer and other projects as assigned by the Vice President of Institutional Advancement Amistad Community Health Center September 2009-December 2013 Corpus Christi,TX Director of Resource Development and Quality Improvement ■ Member of four-person management team responsible for: carrying out organization's mission, vision and goals; developing and monitoring operating and capital budgets; developing and implementing policies and procedures; and recruiting and retaining qualified, professional and compassionate staff ■ Responsible for grant development,implementation, budget compliance and reporting ■ Implemented quality improvement program, including data collection and analysis, Federal and State regulation compliance, and reporting outcomes ■ Promoted organization's services and enhanced visibility among community stakeholders by participating in multiple community coalitions and committees, representing the organization at fundraisers and local social service agency meetings, and directed and implemented external marketing campaign Mission 911 Homeless Shelter July 2009-September 2009 Grant Writer ■ Assisted with shelter operations, including facilities management, volunteer placement, and development of standard operating procedures and client evaluations ■ Supported the shelter director with grant writing, soliciting donations and sponsorships, and chaired major fundraising event Texas House of Representatives,Austin,TX February 2009-June 2009 Legislative Aide, Representative Roland Gutierrez ■ Responsible for covering proposed legislation related to Health and Human Services ■ Researched and analyzed health policy legislation ■ Wrote summary documents for the Representative on health-related proposed legislation ■ Communicated and collaborated with various stakeholders to create legislation that addressed a health need and was supported by government and non-profit agencies ■ Drafted legislation relating to lead risk assessment screenings, a diabetes registry pilot program, and the reporting of MRSA infections Metropolitan Ministries,Tampa, FL May 2007-December 2008 Health Specialist Case Manager ■ Participated as member of residential committee responsible for evaluating, admitting, or terminating residents'housing contracts based on their performance and ability to meet agreed upon goals for program completion ■ Designed Health Assessment survey instrument to assess medical needs and health related issues of homeless residents ■ Conducted Health Assessments with homeless residents when they arrived at the shelter in order to connect them with necessary health care services and providers Nodarse Barrera 3 ■ Assisted shelter residents in navigating health care and health insurance systems ■ Assisted residents in overcoming barriers limiting their access to health care services Marketing Advantage, Davenport, IA 2005-2009 Consultant, Organizational Branding and Qualitative Methods ■ Designed and implemented market research plans and methods ■ Conducted and analyzed in-depth interviews of clients and research participants ■ Wrote summation of research results for presentation to clients ■ Researched, created and implemented social media marketing strategies Lawrence University,Appleton,WI 2005-2006 Associate Director of Admissions,Multicultural Recruitment ■ Recruited students from a territory that covered Wisconsin, Minnesota, and Iowa through high school visits, college fairs and on-campus recruitment events ■ Recruited multicultural students from a variety of ethnic, socio-economic, geographic, and cultural backgrounds to ensure diversity among incoming class ■ Evaluated student applications for admissions and recommended top-performing students for admissions and scholarships ■ Supervised and trained over 300 student workers who served as tour guides, lunch hosts, and overnight hosts to prospective students Committee Involvement Texas A&M University-Corpus Christi ■ President's Cabinet ■ Institutional Effectiveness Council for Administrative and Support Units ■ Strategic Planning&Continuous Improvement Council ■ Intercollegiate Athletics Council ■ Community Outreach Council ■ Scholarship Committee ■ University Technology Council Professional Affiliations ■ Council for Advancement and Support of Education(2012-Present) ■ Association of Fundraising Professionals, Coastal Bend Chapter(2014-Present) ■ Corpus Christi Estate Planning Council (2015-2019) Community Involvement ■ Corpus Christi Symphony Orchestra Board of Directors (2019-Present) ■ United Corpus Christi Chamber of Commerce Governmental Affairs Committee (2018- Present) ■ Six Points Kiwanis Club, Past President(2012-Present) ■ Women's and Men's Health Services Board of Directors, Past President(2014-Present) Nodarse Barrera 4 ■ Lawrence University Viking Gift Committee and Reunion Chair(2004-2019) ■ Leadership Corpus Christi Executive Committee (2012-2016) ■ Leadership Corpus Christi Class XLII, General Chair(2013-2014) ■ Destination Bayfront(2012-2013) ■ Habitat for Humanity Board of Directors,Vice-President (2011-2012) ■ Leadership Corpus Christi Class XXXIX(2010-2011) ■ Goodwill GoodGuides Program,At-Risk Youth Mentor(2010-2011) ■ CCU40 Steering Committee (2010-2011) ■ Texas A&M University Bush School of Public Services Emerging Leaders in Public Service Program(2010) ■ Lawrence University Alumni Association Board of Directors, Student Relations Committee Chair(2004-2008) ■ University of South Florida Service Learning Leadership Academy(2006-2007) Awards ■ Ready or Not Foundation 2019 Best Dressed Honoree ■ Lawrence University Marshall B. Hulbert '26 Young Alumni Outstanding Service Award 2019 ■ Texas A&M University-Corpus Christi Harvey's Heroes Award 2017 ■ Six Points Kiwanis Club 2013 Kiwaniian of the Year ■ Corpus Christi Under 40 Recipient 2013 References Penelepe Hunt, Senior Consultant and Principal Marts &Lundy 224-678-8195 hunt0martsandl.undv.com S.Trent Hill,Vice President of Philanthropic Partnerships Amarillo Area Foundation/Don and Sybil Harrington Foundation 806-376-4521 trent aaf-hf.ozg 801 S. Fillmore, Suite 700 Amarillo,TX 79101 Ben Wallace, Chairman of the Board American Bank 361-653-5070 bwall.ace-pamericanl)ank.com 800 N. Shoreline Blvd., Ste. 200S Corpus Christi,TX 78401 Nodarse Barrera 5 CITY OF CORPUS CHRISTI Submit Date: Oct 15, 2019 Application for a City Board, Commission, Committee or Corporation Profile Suzelle M Tinnell First Name Middle Initial Last Name Email Address 5541 Ocean Drive Street Address _ Corpus Christi TX 78412 City State Postal Code What district do you live in? V District 4 Current resident of the city? r Yes r No If yes, how many years? 7 Mobile: (206) 650-6095 Business: (361) 653-5151 Primary Phone Alternate Phone Director, Enterprise Planning & American Bank _ _ Alignment_ Employer Job Title Work Address-Street Address and Suite Number 800 N Shoreline Blvd, Ste 2N Work Address- City Corpus Christi Work Address- State Texas Work Address-Zip Code 78401 Suzpllp M Tinnpll Ppnp 1_ nf 5 Work Phone 3616535151 Work E-mail address stinnell@americanbank.com Preferred Flailing Address pr Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted Interests & Experiences Are you a registered voter? c Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) BBA, TAMU-CC Leadership Corpus Christi 42 Executive Management team for American Bank If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) I have not yet applied for any other board committees, but plan on applying for two more opportunities: 1. Corpus Christi Regional Economic Development Corporation 2. Clean City Advisory Committee 3. CC Community Investment Corporation/Loan Review Committee Why are you interested in serving on a City board, commission or committee? I would like to utilize my management, planning and organizational skills to help improve our city for current residents and to identify opportunities and investments that can be made to improve the city's livability and quality of life to make it more attractive as a home to prospective citizens and young people who have grown up here or are attending our local colleges and university. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Suzpllp M Tinnpll Panp 2 of 5 Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. did not answer"yes"to any of the questions above, but the form required me to complete this section. Board-specific questions (if applicable) ';H7PIIP. M Tinnell Panp 3 of 5 Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? V Stock Owner W Agent Employee or Tenant Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Pr I Agree SUzpllp M Tinnpll Panp 4 of 5 Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Ir I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree Suzelle M Tinnell Pane S nf 5 SUZELLE MALDONADO TINNELL 206.650.6095 • 5541 Ocean Dr, Corpus Christi, TX 78412 • EXECUTIVE PROFILE Senior business leader with track record of identifying and implementing practical solutions and establishing best practices that enable results by focusing on the customer, optimizing resources, leading execution, and improving overall organization effectiveness. Adept at engaging team members and business leaders to quickly understand business objectives and enabling strategies; review, validate and align priorities; and put realistic plans in place to deliver against key initiatives. Known for building relationships, collaborating across all functions and levels, and motivating and developing teams that consistently deliver value in a dynamic and team-oriented environment. PROFESSIONAL EXPERIENCE American Bank, N.A., Corpus Christi, TX 2012-Present Director, Enterprise Planning and Alignment (2017-Present) Responsible for developing and managing the enterprise strategy based on business objectives and long term goals. Identifies and oversees execution of strategic initiatives, develops Key Performance Indicators (KPIs), management reporting and dashboards; and ensures cross-company alignment of strategies, objectives and KPI's. In addition, oversees the enterprise PMO function to ensure that company initiatives are understood, prioritized and implemented to increase organizational effectiveness, deliver a superior client experience, and maximize shareholder value. Chief Deposit Services Officer (2016-2017) Responsible for overseeing bank-wide branch operations, including consumer and business deposit services, treasury management, customer service, and the enterprise project management office. Lead a team of senior bank officers focused on delivering relevant banking solutions that help our clients accomplish their personal and business objectives, better manage their finances, and-protect their financial assets. Manager, Project Management Office (2012-2016) Lead planning and project management efforts to ensure successful delivery of key strategic initiatives, including new bank products and services, and focused on improving organizational and operational efficiency. Work directly with senior management team to identify strategic objectives, set project priorities aligned with business goals and develop realistic implementation plans, while considering resource constraints. Responsible for maturing the bank's project planning competency by partnering with business teams to provide training, coaching and advocacy for project management best practices. Slalom Consulting, LLC, Seattle, WA 2011-2012 Program Manager, Health Plan Business Transformation Project: Group Health Cooperative Led a large, complex technology systems implementation program for a regional health plan and care delivery organization. Responsible for planning and managing all phases of the technology implementation, incorporating project management principles and advocating for the application of standard systems development lifecycle processes. Partnered closely with business operations program manager and business leaders to define scope, understand business requirements, track and govern the overall program. Set direction and provided mentoring to 7 technical project managers, and provided ongoing business consulting to executive leaders. Initial client engagement included establishment of a Program Management Office, including developing and implementing a program organization and governance structure, as well as project management processes. Resume-Suzelle Tinnell (206) 650- 1 6095 Starbucks Coffee Company, Seattle WA 1996 - 2010 Vice President, IT Business & Project Management (2004 - 2010) Interim Executive Leader, HR Systems Team (2008 - 2009) Interim Executive Leader, Information Security & Services Team (2009-2010) Responsible for establishing and leading business operations functions for a large, centralized IT organization. Led the creation and implementation of the IT Business and Project Management organization with over 60 employees across a diverse set of functional areas including IT Program Management Office, Portfolio and Resource Management, Governance, Strategic Planning, IT Financial Management and Cost Optimization, Enterprise Telecom and Network Cost Management, Strategic Vendor Management, IT Effectiveness, and IT Audit Compliance. Director, IT Finance and PMO (2001 - 2004) Manager, IT Finance (1998 - 2001) Senior Financial Analyst, Corporate Development (1996 - 1998) U.S. Bank of Washington, Kennewick, WA 1992 - 1996 Assistant Vice President, Commercial Account Officer • Developed new business, enhanced client relationships and increased bank profitability by cross- selling bank products and services, meeting or exceeding growth and credit quality goals for each year. • Increased professional client base, establishing first portfolio of private banking clients in market. • Evaluated, granted and/or recommended credit requests for commercial clients, and negotiated terms and conditions of loans based upon perceived risk and profitability. • Delivered presentations covering topical banking issues to community organizations, local trade shows and economic development forums. Puget Sound Bank, Seattle, WA 1989 - 1992 Commercial Loan Support Officer (1991-1992) • Evaluated commercial credit requests for commercial loan clients using financial statement analysis tools such as trend analysis, projection and sensitivity analysis, ratio, cash flow and management analysis. • Conducted business development activities increasing bank's market share and contribute to overall growth. Credit Analyst/Credit Analyst Supervisor (1989 - 1991) • Analyzed corporate financial statements, cash flows, ratios and projections to evaluate past, present and future financial strength of commercial borrowers and assist commercial loan officers in the determining credit worthiness. • Supervised three credit analysts and one management trainee. Republic Bank, Torrance, CA 1989 • New Accounts and Customer Service supervisor, responsible for meeting with new and existing bank customers to understand their deposit account needs and recommend suitable bank services and accounts. • Responsible for explaining account details to customer to ensure their understanding of the rules and requirements of bank products. Also responsible for documenting accurate customer information and processing documents necessary to open new accounts. • Provided back-up customer service support during busy periods and other special projects as assigned. Nueces National Bank, Corpus Christi, TX 1984-1987 • Promoted to New Accounts Representative, from back-office customer support role. Responsible for meeting with new and existing bank customers to understand their checking, savings, CD/IRA or other deposit account needs and recommend suitable bank services and accounts. Resume-Suzelle Tinnell (206) 650- 2 6095 • Responsible for explaining account details to customer to ensure their understanding of the rules and requirements of bank products. Also responsible for documenting accurate customer information and processing documents necessary to open new accounts. • Attended business banking customer meetings with commercial loan officers to provide information regarding bank's deposit account products, rates and other services. • Provided back-up customer service support during busy periods and other special projects as assigned. EDUCATION Bachelor of Business Administration, emphasis in Finance; Texas A&M Corpus Christi Northwest Intermediate Commercial Lending School; University of Portland Graduate School of Business Executive Education; University of Chicago • Strategic Business Leadership: Creating and Delivering Value • Information Technology for non-IT Managers: Foundations of e-business Stanford Center for Professional Development • Advanced Project Management Program: Mastering the Project Portfolio Resume- Suzelle Tinnell (206) 650- 3 6095 COMMUNITY INVOLVEMENT Secretary, Texas A&M Corpus Christi National Alumni Board, 2014-2016 President, PEO International, (Philanthropic Education Organization), 2015-2016 Cruising Co-Chair, Corpus Christi Yacht Club, 2015 Leadership Corpus Christi, Class 42, 2013 Parent Board Member, Holy Names Academy, Seattle, WA 2009- 2011 Volunteer, Technology Access Foundation, Seattle, WA, 2008-2010 Board Member, Tri-Cities Corporate Council for the Arts, Richland, WA, 3 years Campaign Team Leader, United Way, Richland Washington, 2 years Business Consultant, Junior Achievement, Richland, WA, 2 years Student Mentor, Partners in Public Education, Seattle, WA, 1 year Resume-Suzelle Tinnell (206) 650- 4 6095 +' 4 > M L °' CU cu U cu -0 ON ate' -C cu � a-' (0 c'�''n NN N N L (0 U E •L -C > -1 O wC y a-' CU on L N O N OA N N U -0 (A N O Q 42 CL .0 U (SS > 4. 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M- le C N N CL .� L E o U > > � 0 � 4O CLQ 0) U N C O CL E N N L — (0 CL i N C (B C Q N N .a-, a-' O U (0 n ate-' CO Q No CU cu N 4' U L N O � 4, O Op fV -� L N N +' 'X ate' .- aN' U O N 'a U 0) d' M Ln c-I N 1 O O L N N CU X 3 C _j v v v v v U M U O N N •- O O L M E N •� cu C y 4y >, N N N N N 0 - (0 C O � C 4' C ate•' U M O N Q Q Q Q Q OA M O > O 4' (0 p 4- y H ° +' +' on 4' 4_ L O CL 3 N o +' a°i c -C c � m tw aCU CU mi ° a c = avi o ° 0 3 -O c N (° > ° N O u N -C N — +_ dA a1 U O i OJ N C O C ,, O C 4' C (D N O E a -C (o N (o u 4' C N O O -C 3 > p C L > 0) tw !0 N N N CU N L +' 4' O ^ OA i CL 4- (0 N OJ O N N 3 3 L > > N O i+ .0 cu > i >, O C cB N N j 4- m N O ... of N U C cu 23 V O O y U OD o cu co c c E CL C N y L (7 +�' U 0 U 41 N l0 O U N C N U O U N CL Q m CL w L N 3 — N N -C Ln CL 3 O O -C (0 L m OA CC CL Q- -c CL CC N Q (0 (0 O 3 > dF Y 0 00 Ln N L U N CL W L G N (0 m U (0 G ri * U (7 d (7 CL' W +, � v o � v � U U U N dA N V •V O C C U o 3 3 L u v° � > o u v o N (14 N N N N N O O O rNI r14 W W W N N N N N N L.0 �D 0) c-I r-I ci O O O O a) M N r-I N N d\ c-I M M r-I Lf1 U_ L Y N � Q N 0 4- O (B U ~ , O N 2 - C luC U � c N co C (n 1 Ordinance Approving and Extending the Second Amended Order Regarding Public and Private Gatherings Ordered by the Mayor of the City of Corpus Christi Texas on March 18, 2020; providing for penalties; and declaring an emergency WHEREAS, in March 2020, a respiratory disease caused by a novel coronavirus was detected in Wuhan City, Hubei Province, China. The virus has been named "SARS-CoV-2" and the disease it causes has been named "coronavirus disease 2019" ("COVID-19"). Symptoms of COVID-19 include fever, cough, and shortness of breath. Outcomes have ranged from mild to severe illness, and in some cases death; and WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern and advised countries to prepare for the containment, including active surveillance, early detection, isolation and case management, contact tracing , and prevention of onward spread of the disease; and WHEREAS, on January 31, 2020, the U.S. Health and Human Services Secretary declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, the identification of "community spread" cases of COVID-19 in the United States could potentially signal that transmission of the virus may no longer be limited to travel to outbreak areas or contact with travelers who have visited outbreak areas; and WHEREAS, according to the Center for Disease Control ("CDC"), it is likely that at some point, widespread transmission of COVID-19 in the United States will occur; and WHEREAS, the CDC warns that widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time; schools, childcare centers, workplaces, and other places for mass gatherings may experience more absenteeism; public health and healthcare systems may become overloaded with elevated rates of hospitalizations and deaths; other critical infrastructure, such as law enforcement, emergency medical services, and transportation industry may also be affected; and health care providers and hospitals may be overwhelmed; and WHEREAS, COVID-19 testing capacity is inadequate to obtain levels of community infections, and there is an ongoing risk and likelihood of significant numbers of COVID-19-positive patients being identified in the City of Corpus Christi; and WHEREAS,the City of Corpus Christi's Local Health Authority is taking steps to ensure the spread of COVID-19 is contained, the community is kept safe, and the exposure risk is minimized; and WHEREAS, the City, including its Local Health Authority, Health Department, Department of Emergency Management, and other City partners, have been working successfully and diligently to implement CDC guidelines, but now require additional tools and resources to protect the public health given the current state of the epidemic and the need for a sustained response; and WHEREAS, it is necessary to the public health of the residents of the City of Corpus Christi and surrounding areas that those persons under investigation, persons under management , and quarantined persons remain within the confines of their homes or in safe, secure facilities during the quarantine period following their exposure to the virus; and C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@A40DD42F\@BCL@A40DD42F.docx z WHEREAS, pursuant to the Texas Disaster Act of 1975, as amended, Texas Government Code Annotated, Chapter 418, (the "Texas Disaster Act"), the Mayor is designated as the Emergency Management Director of the City of Corpus Christi, and may exercise the powers granted to the Governor on an appropriate local scale; and WHEREAS, a declaration of local disaster due to this public health emergency includes the ability to reduce the possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional health measures that prevent or control the spread of disease, including isolation, surveillance, quarantine, or placement of persons under public health observation, including the provision of temporary housing or emergency shelters for persons misplaced or evacuated and request assistance from the Governor of state resources; and WHEREAS, on March 13, 2020, the Mayor of the City of Corpus Christi Texas issued a Declaration of Local State of Disaster due to this public health emergency, in which he declared all rules and regulations that may inhibit or prevent prompt response to this threat suspended for the duration of the incident; and WHEREAS, pursuant to the authority granted to the Mayor under the Texas Disaster Act, the Mayor did authorize the use of all available resources of state government and political subdivisions to assist in the City's response to this situation; and WHEREAS, the City of Corpus Christi, and the people and communities of the City have suffered or face imminent threat to the public health and the potential for loss of life and property resulting from a disaster: the introduction, transmission, or spread (or imminent threat of the same) of COVID-19 in the City of Corpus Christi; and WHEREAS, the Mayor of the City of Corpus Christi determined that emergency measures must be taken to either prepare for or respond to a disaster due to this public health emergency in order respond quickly, prevent and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be infected or impacted by COVID-19, and to prevent or minimize the loss of life; and WHEREAS, during the state of disaster the Mayor and the Nueces County Judge issued the following orders in the interest of public health, safety and welfare: a. Order Regarding Public and Private Gatherings ordered on March 14, 2020; and b. First Amended Order Regarding Public and Private Gatherings ordered on March 16, 2020; and c. Second Arriended 0ir°dleir IR.egair°dlling IPUlbllic and IPirivate GaImheirlink , air°dleir°ed on IlMair°ch 13, 020; WHEREAS, Section 16-3(c) Code of Ordinances, City of Corpus Christi, requires the City Council to consent to the continuation of a local state of disaster declared by the Mayor for a period in excess of 7 days; WHEREAS, the IDeclair°aticirn of Local State of IDisasteir was extended by action of the City COLWu 611 C:\Users\Iegistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@A40DD42F\@BCL@A40DD42F.docx 3 onMairch 17, 2020; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the following oirdleir ISSUed Iby the IMayoir (attached) dLfiring the state of disasteir lire adopted Iby the City COLWu 611, shall irernaiirn lith effect, and shall C01rnfilrWe to have the foirce and effect of IIaW Lflrnfil the eairlieir of 12:01 a.irn. on Apiril 17, 2020 airthe dlate the State airNational IEirneirgency declairation lire teirirninated, which oirdleir lire SUbject to extension [)LUSUant to the reqdlireirnents of sty: �law: a. Second Arriended 0irdeirRegairding IPrulbllic and lPirivato Gatheirings oirdeired onMairch 16, 2020 Section 2. That the orders issued during the local state of disaster shall have the force and effect of law until the state of disaster is terminated. Section 3 . Publicity and Filing. Pursuant to §418.108(c) of the Texas Disaster Act, the orders issued under the declaration of a local state of disaster due to this public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary. Section 4. A violation of this ordinance or of the orders continued or issued hereunder is a violation of the emergency management plans, punishable by a fine of up to $500 per violation and separate day of violation, imprisonment of up to 180 days per violation and separate day of violation, and additional amounts as authorized by law. Section 5. Publication shall be made as required by the City Charter. Section 6. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of March, 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Tech no1ogies\easyPDF 8\@BCL@A40DD42F\@BCL@A40DD42F.docx 4 day of 12020 Corpus Christi, Texas PASSED AND APPROVED on this the day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@A40DD42F\@BCL@A40DD42F.docx Second Arnended Order Regarding Public and Private Gatherings SUp(.-;,rcedes prior Order This declaration and order implementing emergency powers is issued pursuant to Texas Government Code Chapter 41O (inC|uding' but not limited toTexas Government Code § 418.1OOand authority to oOntn7| ingress, egress, movement, and premises' occupancy), the Mayoral Declaration Of8Local State ofDisaster Due tOaPublic Health Emergency bythe Mayor ofthe City 0fCorpus Christi, and the Declaration of Disaster due to Public Health £�neq78noy issued by the County Judge OD K88rCh 13, 2020, VVNOh has been extended by action oftheir governing 1.)06ieS In accordance with said Chapter and Declarations, the Mayor and County Judge hereby find and order as follows* 1. The coronavirus that causes C{}V|[)-1Sis easily transmitted, especially ingroup settings, and itis essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle an influx Ofpatients and safeguard public health and safety. Atthe current time, the shortage of available tests and rapid nationwide spread ofC[)V|[)-1S in tested areas indicates there is a strong likelihood of currently undetected community transmission of COVID-19 within the City. Due to said tr@DS0i8Gi0D. the Governor of the State of Texas and President of the United States declared states nfdisaster and emergency 0OMarch i3' 2O2O. 3 Because of the risk of the rapid spread of coronavirus, and the need to protect the most vulnerable members of the community, this [}eC|ar8tiOD prohibits all indoor gatherings and nVtdOO[ gatherings within aOenclosed space of50persons Ormore anywhere inthe City OfCorpus Christi and iDNVeCe8 County beginning immediately and COOUDuiOg for 7 days' whi-,h is subject to extension pursuant to requirements of state law. Accordingly, all persons are prohibited from organizing, managing, furthering, and attending Mass Gatherings for the next "7 days, which is subject to extension pursuant to requirements of state law. 3. For all other gatherings, it is strongly recommended that GDCi8| distancing protocols established by the United States Centers for DiS88G8 Control and Prevention /CD{}\ and found within the "Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued by the United States Centers for Disease Control and Prevention (''COC'') on or around March 11. 2020 (available 0O|iDe at . including canceling, rescheduling, or not attending events with more than 50 persons. 4. Definitions and further guidance: a. For purposes of this Declaration, B ''K4aSs GBthering" is any event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together 50 or more persons @tthe same time in a SiOg|8 n3o0 Drother single confined or enclosed space, such as, by vv8y of example and without limitation, an auditorium, theatre, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, or any other confined indoor Vrconfined outdoor space. b. A "Mass Gathering" includes events in confined outdoor spaces, which means an outdoor space that (i) is enclosed by ofBnce, physical barrier. orother structure and (ii) where people are present and they are within arm's length of one another for extended periods. c. For purposes of clarity, 8 ''Mess Gathering" does not include the following: -- gatherings of people in multiple, separate enclosed spaces in a single building, 8Olong as50people are not present iOany single space 8s the same tim8� -- use ofenclosed spaces where 50Vrmore people may bepresent Btdifferent times during the day, so long as 50 or more people are not present in the space 8tthe same tinn�� time; ` -- public Or private schools; -- spaces where 50Ormore persons may heintransit Orwaiting for transit such @Sbus stops; -- office space, hOte|s, or residential buildings; -- grocery stores, shopping m8||s' outdoor rnGrk8ts, restaurants, or other retail establishments where large numbers ofpeople are present but i1is unusual for them tobewithin arm's length [f one another for extended periods; -- hospitals, nl8dic@| facilities and shelters; jails and and ' -- Corpus Christi International Airport. In all such settings, it is recommended that the public foUVvv social distancing recommendations and harm reduction measures (such as hand sanitizer and tissues should be provided when possible). 5. It is hereby recommended that persons should avoid gatherings in excess of 50 persons. [>rg@OizGtionsshou|do8nCe| g8theringsineXc8sSnf5OperS0OS. Pe[Sonsinhigh-riskpnpu|8tionS /ie. Bder|y, etc.) should avoid gatherings in excess of 10 persons, Organizations that serve primarily high-risk persons should cancel gatherings iO excess Of1Opersons, Organizations that serve high- risk populations (defined be|OvV) should follow CDC guidance for social distancing. "High-Risk Populations" include people who are: ° 6Oyears old and older; , People with certain health conditions such as heart disease, lung diSe8Se, diabetes, kidney disease and weakened immune systems; " People who are pregnant 0[were pregnant inthe last two weeks. ° Peop|e experiencing homelessness. 6. The Local Health Authority and Director of the Health District may update restrictions set out in this document a8necessary tVrespond tothe evolving circumstances Ofthis outbreak during the duration of the Mayor's Declaration of Public Health Emergency and any extension by the Corpus Christi City Council Or, with respect to Nueces County. the {|On0rDisSiUDerS Court OfNu8CeS County. 7. A violation of this order is a violation of the emergency management plans of the City and County. A pBrSOD who violates any provision of this order may be punishable by 8 fine of up to $500 per violation and Separate day of violation, imprisonment Of up to 180 days per violation and separate day of violation, and additional amounts as authorized by |8vv. ORDERED this the 18th day Of M8roh, 2020. ATTEST:4 J cComb, Mayor Rarbara Canales, County Judge APPROVED AGT{} FORM: d AGENDA MEMORANDUM MCURP©R I", Public Hearing & First Reading Ordinance for the City Council Meeting 03/17/20 1852 Second Reading Ordinance for the City Council Meeting 03/24/20 DATE: January 31, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 6099 and 6101 Ennis Joslin Road CAPTION: Zoning Case No. 0120-04, H.I. Investments and City of Corpus Christi (District 4). Ordinance rezoning property at or near 6099 and 6101 Ennis Joslin Road from the"RS-10"Single- Family 10 District to the "ON" Neighborhood Office District. SUMMARY: The purpose of the zoning request is to allow for the construction of a medical clinic. BACKGROUND AND FINDINGS: The subject property is 0.79 acres in size. According to the applicant the purpose of the request is to construct a medical clinic. Conformity to City Policy The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for a low-density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. It is compatible with the adjoining properties and does not have a negative impact upon adjacent properties. The adjacent properties consist of a vacant lot to the south and single-family homes. Two adjacent properties to the north consist of the Texas A&M University-Corpus Christi (TAMU- CC) alumni center, a retail shopping center, and a convenience store. The subject property is located along the east side of Ennis Joslin Road at the intersection with Ebonwood Avenue. The intersection is not traffic controlled and is between the intersection of Ocean Drive and South Alameda Street. The "ON" Neighborhood Office District is a transitional district and limits the size of retail and restaurant uses. Additionally, the "ON" Neighborhood Office does not allow bars, pubs, taverns, or nightclubs. Public Input Process Number of Notices Mailed 12 within 200-foot notification area 5 outside notification area As of January 17, 2020: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission approval of the change of zoning from the"RS-10"Single-Family 10 District to the "ON" Neighborhood Office District on January 22, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the "RS-10" Single-Family 10 District to the "ON" Neighborhood Office District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the "RS-10" Single- Family 10 District to the "ON" Neighborhood Office District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation -Aerial Map Planning Commission Final Report Zoning Case No. 0120-04, H.I. Investments and City of Corpus Christi (District 4). Ordinance rezoning property at or near 6099 and 6101 Ennis Joslin Road from the "RS-10" Single-Family 10 District to the "ON" Neighborhood Office District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 7 and 8, Block 2, Edgewater Terrace as shown in Exhibit "A` from the "RS-10" Single-Family 10 District to the "ON" Neighborhood Office District. The subject property is located at or near 6099 and 6101 Ennis Joslin Road. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A 0 CN-1 /VD of A Dj? WOOD SUBJECT PROPERTY RS-6 400 000 Pep-ed 2y.PR -Feet D'prrrre't&D—f.p—tSe— CASE: O�120�-O�4 "Al SUBJECT PROPERTY WITH ZONING &bjed 171 Rop�ftf SUBJECT RM-r mu�ti�Miv I �L Lght h � d. ,.l PROPERTY RM-2 M u tiff iy 2 H Heavy Industrial RM-3 M Itfa ily 3 PUD PI -d U n it D.v.Overlay ONP ..i n a I Off i.. R,10 Si.gl.-F..ily D WA"M.Itifar,IT AT R,:g CN:l N R94.5 Singl,a-F.mily4.5 C N 2 Ng ,C h . RS-TFT..-F..ily C R_' R—rt —m lal R5-0 Single F..ily i5 CR-2 R R-id—taal Estat. CG-1 Gerera I CRS-TH T.—h... CO-2 r��...I C—m—i,I s p Cl t—z. Cam RV RS—p-1'tl,p.'nm.l Viteride Park CBa n rr D— RM M.n.faet—d H—. CR ra FR F.m R.r.1 CRY of H, C Park LOCAT1,01V MAP Cmut V. Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0120-04 INFOR No. 19ZN1042 Planning Commission Hearin Date: January 22, 2020 = Owner: H.I. Investments and the City of Corpus Christi a o Applicant: H.I. Investments .� Location Address: 6099 and 6101 Ennis Joslin Road y Legal Description: Lots 7 and 8, Block 2, Edgewater Terrace, located along the east side of Ennis Joslin Road, south of Ocean Drive, and north of South Alameda Street. From: "RS-10" Single-Family 10 District _ To: "ON" Neighborhood Office District 'E o Cr Area: 0.79 acres N °' Purpose of Request: To allow for the construction of a medical clinic (Corpus Christi Pregnancy Center). Existing Zoning District Existing Future Land Use Land Use Site "RS-10" Single-Family 10 Vacant Low Density = Residential ca c North "RS-10" Single-Family 10 Vacant and Low Density = y Public/Semi-Public Residential Vacant and Low N Low Density CD South "RS-10" Single-Family 10 Density Residential }, Residential N W East "RS-6" Single-Family 6 Conservation / Permanent Preservation Open Space West "RS-10" Single-Family 10 Low Density Low and Medium Residential Density Residential Area Development Plan: The subject property is located within the boundaries 06 of the Midtown Area Development Plan and is planned for a low density cc c residential use. The proposed rezoning to the "ON" Neighborhood Office District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an a o amendment to the Future Land Use Map. Q Map No.: 039037 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 200 feet of street frontage along Ennis Joslin Road which is designated as a "A2" ° Secondary Arterial Street. According to the Urban Transportation Plan, "A2" Q. y Secondary Arterial Streets can convey a capacity between 20,000 and 32,000 L Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation 0 � Plan Type Section Section Volume L O Ennis Joslin "A2" Secondary 100' ROW 100' ROW 25,489 ADT Road Arterial 54' paved 67' paved (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-10" Single- Family 10 District to the "ON" Neighborhood Office District to allow for the construction of a medical clinic (Corpus Christi Medical Center). Development Plan: The subject property is 0.79 acres in size. The applicant has not submitted any specific plans concerning the construction of the medical clinic. The center will provide pre-natal care, parenting classes, and STD testing. Existing Land Uses & Zoning: The subject property is currently zoned "RS-10" Single- Family 10 District, consists of vacant land, and has remained since annexation in 1944. To the north are vacant properties and the Lee Alumni Center for Texas A&M University- Corpus Christi zoned "RS-10" Single-Family 10 District. To the south is a vacant property and single-family residences zoned "RS-10" Single-Family 10 District. To the east are wetland properties zoned "RS-6" Single-Family 6 District. To the west are single-family residences zoned "RS-10" Single-Family 10 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 12-inch ACP line located along Ennis Joslin Road. Wastewater: 16-inch PVC line located along Ennis Joslin Road. Gas: 6-inch Service Line located along Ennis Joslin Road. Storm Water: Road inlets located along Ennis Joslin Road. Plan CC &Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "ON" Neighborhood Office District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. The adjacent properties consist of a vacant lot to the south. Two adjacent properties to the north consist of the Texas A&M University-Corpus Christi (TAMU-CC) alumni center, a retail shopping center, and a convenience store. • The subject property is located along the east side of Ennis Joslin Road at the intersection with Ebonwood Avenue. The intersection is not traffic controlled and is between the intersection of Ocean Drive and South Alameda Streets. • The "ON" Neighborhood Office District is a transitional district and limits the size of retail and restaurant uses. Additionally, the "ON" Neighborhood Office does not allow bars, pubs, taverns, or nightclubs. Planning Commission and Staff Recommendation (January 22, 2020): Approval of the change of zoning from the "RS-10" Single-Family 10 District to the "ON" Neighborhood Office District. Number of Notices Mailed — 12 within 200-foot notification area = 5 outside notification area 0 As of January 17, 2020: y= In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 0 outside notification area CL Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0120-04 HI Investments(Corpus Christi)/Council Documents/Report-HI Investments.docx Staff Report Page 4 0 CN-1 IV 1 12 0 2 11 IRS- -0 liv 6 0 9 SUBJECT PROPERTY 7 5 3 8 Rs-6 Dte,C,—d f0l3f/209 0 400 800 Prepared By RR ,Feet D,aerM t o.f D.—F.p.ere t S-4— CASE: 0120-04 ZONING & NOTICE AREA RM-1 M.Ith am.ily I M �L Light i I -2 M,Itii 1 2 H Heavy III7' RMA-3 M th ily 3 PUD Flat need Unit Dev.0 verl ay .N Pry..i—I Gfi is R,310 5 i,ij 1.F'...i Iy n D RIA-A T M il .I.y A T 195-6 simui.r..yg SUBJECT LM-Ii Mei Ohl, rh. d C W RG 4.5 G i in 9 1.F..ily 4.5 PROPERTY N:2IN ,h. C RE TIF . I TFT R:igh,b W R —ft c...—W RS-15 Smgl.F..,Iy85 CR.2 R—rt C—iii—I RE Rd-tial Estate CG-1 G...r.I C.,,..r.a IR&TH T—h-- CG-2 gp-iflp—it ............. SIR R—ti...IV,1,6,Park CRC�, C, i c" ,,,V., Dii, RRVM A M.n.i..t—d H—. 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(District 3). Ordinance rezoning property at or near 4938 Moody Drive from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a senior apartment complex. This case was originally presented to the City Council on February 11th. After discussion and deliberation, the City Council moved to table the rezoning case in order to have City staff craft a Special Permit. Discussions between City staff and the applicant occurred, and language for the potential Special Permit was agreed upon. BACKGROUND AND FINDINGS: The subject property is 1.62 acres in size. According to the applicant the purpose of the request is to construct a senior apartment complex. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RM-1" Multifamily 1 District is inconsistent with the adopted Comprehensive Plan (Plan CC), incompatible with the adjoining residential properties, and could potentially have a negative impact upon the adjacent single-family residential properties. Adjacent properties consist of single-family homes, professional offices, and an industrial park. Plan CC specifically states that there should be direct arterial access for apartments and traffic should avoid passing through a lower density residential area. The proposed apartment complex would route traffic to the north along Moody Drive and though the residential neighborhood. Buffer yards will be required along the northern, southern, and eastern property lines. The"RS-TF" District is in line with the character of the neighborhood and promotes a reduced traffic impact to surrounding residential properties. Public Input Process Number of Notices Mailed 28 within 200-foot notification area 5 outside notification area As of December 13, 2019: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District on December 18, 2019. This case was originally presented to the City Council on February 11 th. After discussion and deliberation, the City Council moved to table the rezoning case in order to have City staff craft a Special Permit. Discussions between City staff and the applicant occurred, and language for the potential Special Permit was agreed upon. ALTERNATIVES: 1. Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. 2. Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two Family District. 3. Approval of the change of zoning from the"RS-6"Single-Family 6 District to the"RS-6/SP" Single-Family 6 District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request, in lieu thereof approval of the "RS-6/SP" Single- Family 6 District with a Special Permit. Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District to the "RM-1" Multifamily 1 District with following vote count. Vote Count: For: 8 Opposed: 1 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation -Aerial Map Planning Commission Final Report Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the "RS-6" Single- Family 6 District to the "RM-1" Multifamily 1 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Park, Block 2, Two Fountains Unit 2 as shown in Exhibit «A from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. The subject property is located at or near 4938 Moody Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A Q r� 10 0 ON °Fo NTa lay CN-1 .Sp CN-T CN-1 IL SUBJECT PROPERTY CG-2 !L ON A: Ca �La �SB��r wy�gs�g spy hasp rOH ORS CN-1 s 4D �4ay�a Fir Rayer ir Dare«;sated:11/21/2049 o 400 Soo Prepared By:JMecom Feet DePartesent of orivelopment Services CASE: 1219-02 LOCAtT O_N MAP ;. f 1r o, SUBJECT PROPERTY WITH ZONING01 � W ® Subject �+ Property RM-1 Mull mlly 7 IL Light Industrial ��J RM-2 Maintain y 2 IIH Heavy Intlustrlal r Ra Mulummhy a PUD Planned Unit Deoverlay UBJECT oPossibaloflc RS-10 51.g1-Fay10 N lCF TX RM AT Multifamily AT RS-6 Single-Family 6 Sae Cry.1 Neighb-hand Cov_tial R5-4.5 Single-Family 4.5 CN-2 Neighberheod Comm ere lel RS-TF RW Family CR-1 Resort Commercial RS-1b Single-Family 15 CR-2 R f I RE Residential E.W. ' CG 1. General C I R5 TH Townhouse CG-2 G neral Commercial SP Spicciall P it CI Intensive Commercial RV Recreation,I vehicle Park 1ra°"v, r`-`OL9G�25 5th HERE ciftnin,USGS CRD Downtowry Gommeralal RMH Manufactured Home CR-3 Resort Commercial % ,phi RiC'YYMdp,r"INCREMEMTP H{�('J2 til, FR Farm Rural City of Esn Japan,METI,Esri China(Ha�ig�: H Historic overlay Kong) Esrii Korea Esn•(Thailand), aP Business Park Corpus Christi NGCC,(c) JpenStreethNap r<c err Page 4 of 4 Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the "RS-6" Single- Family 6 District to the "RS-TF" Two-Family District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Park, Block 2, Two Fountains Unit 2 as shown in Exhibit «A from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. The subject property is located at or near 4938 Moody Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A Q r� 10 0 ON °Fo NTa lay CN-1 .Sp CN-T CN-1 IL SUBJECT PROPERTY CG-2 !L ON A: Ca �La �SB��r wy�gs�g spy hasp rOH ORS CN-1 s 4D �4ay�a Fir Rayer ir Dare«;sated:11/21/2049 o 400 Soo Prepared By:JMecom Feet DePartesent of orivelopment Services CASE: 1219-02 LOCAtT O_N MAP ;. f 1r o, SUBJECT PROPERTY WITH ZONING01 � W ® Subject �+ Property RM-1 Mull mlly 7 IL Light Industrial ��J RM-2 Maintain y 2 IIH Heavy Intlustrlal r Ra Mulummhy a PUD Planned Unit Deoverlay UBJECT oPossibaloflc RS-10 51.g1-Fay10 N lCF TX RM AT Multifamily AT RS-6 Single-Family 6 Sae Cry.1 Neighb-hand Cov_tial R5-4.5 Single-Family 4.5 CN-2 Neighberheod Comm ere lel RS-TF RW Family CR-1 Resort Commercial RS-1b Single-Family 15 CR-2 R f I RE Residential E.W. ' CG 1. General C I R5 TH Townhouse CG-2 G neral Commercial SP Spicciall P it CI Intensive Commercial RV Recreation,I vehicle Park 1ra°"v, r`-`OL9G�25 5th HERE ciftnin,USGS CRD Downtowry Gommeralal RMH Manufactured Home CR-3 Resort Commercial % ,phi RiC'YYMdp,r"INCREMEMTP H{�('J2 til, FR Farm Rural City of Esn Japan,METI,Esri China(Ha�ig�: H Historic overlay Kong) Esrii Korea Esn•(Thailand), aP Business Park Corpus Christi NGCC,(c) JpenStreethNap r<c err Page 4 of 4 Zoning Case No. 1219-02, Zeba, Inc. (District 3). Ordinance rezoning property at or near 4938 Moody Drive from the "RS-6" Single- Family 6 District to the "RS-TF/SP" Two-Family District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Park, Block 2, Two Fountains Unit 2 as shown in Exhibit «A from the "RS-6" Single-Family 6 District to the"RS-TF/SP" Two-Family District with a Special Permit. The subject property is located at or near 4938 Moody Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only use authorized by this Special Permit other than uses permitted by right in the base zoning district is as defined by the Unified Development Code (UDC) as "Apartment" in Section 5.1.2.A, "Household Living." The apartment complex shall be designated primarily as housing for senior citizens. 2. Density: The maximum density of the apartment use shall not be greater than 22 dwelling units per acre. 3. Buildings: All apartment buildings shall be limited to one-story in height. 4. Parking: The off-street parking requirement shall be assessed at a ratio of one space per dwelling unit. All required off-street parking shall be located behind and to the rear of the apartment buildings. 5. Buffer Yard: The required buffer yard shall be designated as redevelopment and applied at the "RM-1" Multifamily 1 District standard according to Section 7.9.6.A of the Unified Development Code (UDC). 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A Q r� 10 0 ON °Fo NTa lay CN-1 .Sp CN-T CN-1 IL SUBJECT PROPERTY CG-2 !L ON A: Ca �La �SB��r wy�gs�g spy hasp rOH ORS CN-1 s 4D �4ay�a Fir Rayer ir Dare«;sated:11/21/2049 o 400 Soo Prepared By:JMecom Feet DePartesent of orivelopment Services CASE: 1219-02 LOCAtT O_N MAP ;. f 1r o, SUBJECT PROPERTY WITH ZONING01 � W ® Subject �+ Property RM-1 Mull mlly 7 IL Light Industrial ��J RM-2 Maintain y 2 IIH Heavy Intlustrlal r Ra Mulummhy a PUD Planned Unit Deoverlay UBJECT oPossibaloflc RS-10 51.g1-Fay10 N lCF TX RM AT Multifamily AT RS-6 Single-Family 6 Sae Cry.1 Neighb-hand Cov_tial R5-4.5 Single-Family 4.5 CN-2 Neighberheod Comm ere lel RS-TF RW Family CR-1 Resort Commercial RS-1b Single-Family 15 CR-2 R f I RE Residential E.W. ' CG 1. General C I R5 TH Townhouse CG-2 G neral Commercial SP Spicciall P it CI Intensive Commercial RV Recreation,I vehicle Park 1ra°"v, r`-`OL9G�25 5th HERE ciftnin,USGS CRD Downtowry Gommeralal RMH Manufactured Home CR-3 Resort Commercial % ,phi RiC'YYMdp,r"INCREMEMTP H{�('J2 til, FR Farm Rural City of Esn Japan,METI,Esri China(Ha�ig�: H Historic overlay Kong) Esrii Korea Esn•(Thailand), aP Business Park Corpus Christi NGCC,(c) JpenStreethNap r<c err Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 1219-02 INFOR No. 19ZN1037 Planning Commission Hearin Date: December 18, 2019 = Owner: Zeba, Inc. o Applicant: Zeba, Inc. Location Address: 4938 Moody Drive 5.06 o6 m Legal Description: Park, Block 2, Two Fountains Unit 2, located along the east ❑ side of Moody Drive, east of Bayou Street, and south of Trojan Drive. From: "RS-6" Single-Family 6 District _ To: "RM-1" Multifamily 1 District 'E Cr Area: 1.62 acres N °' Purpose of Request: To allow for the construction of a senior apartment complex. Existing Zoning District Existing Future Land Use Land Use c Site "RS-6" Single-Family 6 Park Medium Density ca Residential _ Low Density Medium Density E =North "RS-6" Single-Family 6 Residential Residential NCommercial and Commercial and =J South "IL" Light Industrial Light Industrial Light Industrial N W East "ON" Neighborhood Office Public/Semi-Public Government West "RS-6" Single-Family 6 Low Density Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries 06 of the Westside Area Development Plan and is planned for a medium density cc c residential use. The proposed rezoning to the "RM-1" Multifamily 1 District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an CL o amendment to the Future Land Use Map. Q Map No.: 048039 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 135 feet of street frontage along Moody Drive which is designated as a L ° "Local/Residential" Street. According to the Urban Transportation Plan, y "Local/Residential" Streets can convey a capacity up to 500 Average Daily Trips (ADT). H Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan 4) �O Type Section Section Volume L Cn Moody Drive "Local/Residential" 50' ROW 52' ROWN/A 45' paved 26' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single- Family 6 District to the "RM-1" Multifamily 1 District to allow for the construction of a senior apartment complex with approximately 20 units. Development Plan: The subject property is 1.62 acres in size. The applicant has not submitted any specific plans concerning the senior apartment complex. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District, consists of a former park (Fountain Park), and has remained vacant since annexation in 1954. To the north and west are single-family homes zoned "RS-6" Single-Family 6 District (Two Fountains Unit 2; 1970). To the south is an industrial park zoned "IL" Light Industrial District. To the east are office buildings zoned "ON" Neighborhood Office District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch ACP line located along Moody Drive. Wastewater: 8-inch VCP line located along the rear property line. Gas: 2-inch Service Line located along the rear property line. Storm Water: 15-inch line located along Moody Drive. Plan CC &Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RM-1" Multifamily 1 District is inconsistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • High-intensity commercial and industrial areas should be buffered to provide transition from residential areas. (Westside ADP, Policy Statement C.5). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), incompatible with the adjoining residential properties, and could potentially have a negative impact upon the adjacent single-family residential properties. • Adjacent properties consist of single-family homes, professional offices, and an industrial park. • Plan CC specifically states that there should be direct arterial access for apartments and traffic should avoid passing through a lower density residential area. The proposed apartment complex would route traffic to the north along Moody Drive and though the residential neighborhood. • Buffer yards will be required along the northern, southern, and eastern property lines. Staff Recommendation: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District, in lieu thereof approval of the "RS-TF" Two Family District. Planning Commission Recommendation (December 18, 2019)- Approval 8, 2019):Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Staff Report Page 4 Number of Notices Mailed — 28 within 200-foot notification area = 5 outside notification area 0 As of December 13, 2019: a= In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area CL Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1219-02 Zeba,Inc/Council Documents/Report-Zeba,Inc.docx Staff Report Page 5 12 sip RS-6 �..� 21. 17 ze is. 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N cn U (n N I co O `er I C NQ � � OJ O NAL E O n Qcn ^` YN � � � O O � c6 � O vi �y } O O O 0 06N � � � 0 co Q X CU C N � Q - cn :3 .-a N N c6 m } c0 - cn :3cn Z) 0 Z)W N, r N J U L: i . . Q > U) aU .1-1U U " ) C: LO � (6 00 C7 N c � r 1 � / Lu LU fCr o40 Ki, I., a) .I 0 0 1..� 0 0 04 00 c O _0 0 c O L.: N -o 0 p 0 0 .4--1 cu E m U N LL v N 0 :p (.) Z Z0 O 00 Z (N U') �I11 AGENDA MEMORANDUM µrya Public Hearing/First Reading for the City Council Meeting of March 17, 2020 Second Reading Ordinance for the City Council Meeting of March 24, 2020 DATE: February 25, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP Director of Planning and ESI (361) 826-7011 Water Master Plan Amendment - South of Oso Creek CAPTION: Ordinance amending an element of the Comprehensive Plan, specifically the City's Water Distribution System Master Water Plan for South of Oso Creek to facilitate looping of the waterline during development of Kings Landing subdivision. SUMMARY: The purpose of this item is to amend the City's Water Master Plan South of Oso Creek, specifically the alignment of the 16-inch Grid Main on County Road 33 to facilitate looping of the waterline during development of the Kings Landing subdivision. BACKGROUND AND FINDINGS: The purpose of the proposed amendment is to: • Facilitate the development of an adequate water grid system • Facilitate orderly development • Satisfy a need for redundancy in the system, which provides a backup water supply and improves water quality and pressure The area South of Oso Creek area is located outside of the City Limits within the City's extraterritorial jurisdiction (ETJ). The subject area continues to grow requiring an increased demand for water services. The area is located outside of the City Limits but within the City's Certificate of Convenience and Necessity (CCN) service area. The CCN is an area established by the Public Utility Commission where water providers can offer service. The City also regulates platting within the ETJ and the construction of infrastructure to serve those subdivisions. To facilitate orderly development, staff proposes to amend the Water Master Plan—South of Oso Creek in the following ways: • Propose a new alignment of the 16" Grid Main located on County Road 33. ALTERNATIVES: Denial or alteration of the proposed Water Master Plan amendment. FISCAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION: Staff recommends approval of the proposed amendments to the Master Water Plan. Planning Commission recommended approval of the proposed amendments to the Master Water Plan at their February 19, 2020 meeting. LIST OF SUPPORTING DOCUMENTS: • Ordinance with map exhibit • Presentation Ordinance amending an element of the Comprehensive Plan, specifically the City's Water Distribution System Master Water Plan for South of Oso Creek to facilitate looping of the waterline during development of Kings Landing subdivision. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning amending the City's Water Distribution System Master Water Plan South of Oso Creek in the areas surrounding Farm Road (FM) 43 and Highway (HWY) 286, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, February 19, 2020, regarding amendments to the City's Water Distribution System Master Water Plan South of Oso Creek, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, March 17, 20207 regarding amendments to the City's Water Distribution System Master Water Plan South of Oso Creek, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Water Distribution System Master Water Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by updating the alignment of the 16" Grid Main on County Road 33. The referred amendments are shown on Exhibit 'A" which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Water Master Plan, the Water Master Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Water Master Plan South of Oso Creek, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor i e w krovIy LD r, i` a,u `"ger t, ro 'r,�< m e o� k r o rr n- �im a r; d S JC) r ` / Iz V 7' o/,5 ra � a� , f d'9B y, O� xv 0 l M 0" C) i..-� R✓ , ell n. (^�°" - .—.W— Mm a G r y n r w, s M C y u Q V` Po m W 5 Y<o :. a' ' A tNV ar m VVt.� m r w Y1 ar NT��lt ev pwr m r v - ul v.s.uiimu Nn(Y OWN„„,. 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I ,.,.-.., o I k e a u Al dew. --—`-—---- ._ o Y"p� II fl u ,L a, F s cw wi o _.... 4 d101M o- W W I I W 1 M W F i " s n u U q'M�ev�'',, G W j W„4m 4 u t cu 03 � Z _ NIT, Cc AaVG .- S WOE .......... • N i � �� - � ��© � .. �~� ■ ! � � �» . � - . � ■ . \ • � � . � - ■ win .. kin cu . . . \ : ■ Nt b C'4 ! � . .. . . � . , . . _ } . . / ■ , >Zr \ . . - - - - -® - - - - - - -u / - - , M M cu O ry � O � U � o O .CU cu w cu (D 4— U) U O � O (.0 'Q — O O O 4- O �- 0 — cu —cu E o � E o'U � 42 > N o L M 0 :3^ W cr > a) _ .� M Jc: U) U 4- c N Q O N C) C/) QL _0 4) � o � > U o 0 E w � . -0 > >I cr a� -0 a) E o - c cu c c o � o U) O � >, cu > Q cu cu E O LL CD LL I— N M 00 0 -0-i cu 0 W \u E / O O U � 4) Q CCS -0-i Cn o d AGENDA MEMORANDUM MCURP©Ra,E0 First Reading Ordinance City Council Meeting March 17, 2020 1852 Second Reading Ordinance City Council Meeting March 24, 2020 DATE: March 2, 2020 TO: Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison arlenerncctexas.corn 361-826-3356 Amending Tax Increment Reinvestment Zone (TIRZ#4) Creation Ordinance and Amending the TIRZ#4 Project & Financing Plan CAPTION: Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, covering North Beach, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding participation of Del Mar College in the amount of approximately $9.3 million over 20 years, and other matters relating thereto. SUMMARY: On February 4, 2020, the Del Mar College Board of Regents approved a scaled participation in the Tax Increment Reinvestment Zone (TIRZ) #4 at North Beach. This action was solidified on February 25, 2020 when the Corpus Christi City Council approved an Interlocal Agreement between the City of Corpus Christi and Del Mar College. Amendments are now needed to the TIRZ #4 Creation Ordinance #031927 and to the TIRZ #4 Project and Financing Plan to account for the additional revenue that Del Mar's participation will result in. The additional increment revenue is estimated to be $9.3 million over the 20-year life of the TIRZ. The new total TIRZ #4 estimated 20-year increment is $4271397811. Per Chapter 311.011 of Tax Code, Project and Financing Plan and amendments to the plans must be adopted by the Board and by the City Council via ordinance. Because this amendment increases the total estimated projects costs, the approval must also be adopted after a public hearing, which has been posted in accordance to statute. BACKGROUND AND FINDINGS: Due to the increase in projected TIRZ #4 increment revenue, staff proposes increasing three of the four major project areas accordingly. Because the TIRZ will contribute 5% of the total incremental ad valorem to Maintenance Projects, that budget is increased to reflect 5% of the new projected 20-year total. There will be no changes to the Administrative Costs Project. Because Infrastructure Projects represent 47% of the total projected increment value, that Project grouping will be increased proportionately to the remaining balance. The same logic will apply to the increase of the Incentives Projects at 42% proportionate increase to the balance of the increase in projected increment. Below is table reflecting the new estimated project costs This amendment also includes a correction of an overage of$19,921 in costs from the prior plan. Table 2. Proposed Estimated Project Costs Project Areas Adopted Revised % of Total Difference Revenue: Tax Increment $34,254,724 $42,139,811 $7,885,087 Expenses: Administrative Costs 2,250,000 2,250,000 5.34% 0 Maintenance Projects 1,713,732 2,106,990 5.00% 393,259 Infrastructure Projects 15,919,636 19,944,815 47.33% 4,025,179 Incentives 14,391,277 17,838,006 42.33% 3,446,729 Total $34,274,645 $42,139,811 100.00% $778657167 Balance ($197921) 0 $197921 The Del Mar College Board of Regents agreed to participate in the TIRZ#4 at the same rate as the City of Corpus Christi with a scaled approach. Del Mar's base year will be tax year 2019 (the first year of the TIRZ) and will contribute 100% of its increment for the first nine years and 75% of the increment for the second ten years. Below is a table reflecting the new estimated increment revenue that the TIRZ#4 may realize over the next 20 years. The last amended TIRZ#4 Project and Financing Plan included an estimate for the City's contribution at $21,487,056. The City's contribution is a maximum of $20,000,000 which is set by ordinance and which the revised projection table correctly displays. Table 2. Changes to Increment Projections Adopted Revised % of Total Difference City of Corpus Christi 2174877056 2070007000 47% 174877056 Nueces County 1277677668 1277677668 30% - Del Mar College - 973727143 22% 973727143 Total 3472547724 4271397811 100% 778857087 Table 3. Twenty Year Increment Projections City of Corpus Nueces Del Mar Christi County College Total 20 Year Tax Increment $20,000,000 $12,767,668 $9,372,143 $42,139,811 ALTERNATIVES: An alternative to amending the attached Project and Financing Plan in the way proposed in this agenda item is for the City Council to make revisions to the Plan to be considered by the TIRZ #4 Board and then back to City Council for approval. The Ordinance amending the creation Ordinance is required in order to adopt the revision to Exhibit D which shows Del Mar College's base value. FISCAL IMPACT: The fiscal impact of this amendment to the Project and Financing Plans would be adopting new estimated 20-year TIRZ#4 increment revenue projection of$42,139,811. Funding Detail: Fund: 1114- TIF NO. 4 North beach Organization/Activity: 11020 — General Government Revenue Mission Element: 888- Revenue Project # (CIP Only): NA Account: 300040- RIVZ current taxes- Del Mar RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance including the Amended Project and Financing Plan Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, covering North Beach, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding participation of Del Mar College in the amount of approximately $9.3 million over 20 years, and other matters relating thereto. WHEREAS, in 2019, through Ordinance 031927, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Four, City of Corpus Christi, Texas," over a portion of the City on North Beach; WHEREAS, Ordinance 031927 included a preliminary reinvestment zone financing plan; WHEREAS, the final reinvestment zone project and financing plan was approved by City Council on November 19, 2019; WHEREAS, on February 4, 2020, the Board of Regents of Del Mar College approved an interlocal with the City for participation in Reinvestment Zone Number Four; WHEREAS, on March 17, 2020, the Board of Directors of Reinvestment Zone Number Four took action to approve amendments to the language of the Plan to include the additional revenue anticipated from participation of Del Mar College; WHEREAS, a public hearing on this amendment was held at the City Council meeting, which began at 11:30 a.m. on March 17, 2020; WHEREAS, the Tax Increment Base needs to be corrected to reflect the current base of the City, Nueces County, and Del Mar College so that the Tax Increment Fund can accurately reflect the increment received in the Zone; and WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 031927 is hereby amended to correct the Tax Increment Base for the Zone as shown in Exhibit D. Exhibit D to the Ordinance is hereby deleted in its entirety and replaced with the attached Exhibit D, which is incorporated herein. SECTION 2. The City Council approves the amendments to the Revised Project and Financina Plans for the Reinvestment Zone Number Four. City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Four, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Four on March 17, 2020, regarding participation of Del Mar College, and other matters relating thereto. A copy of the Plan is attached hereto and incorporated. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_7 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20_7 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 20_. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Exhibit D Nueces County 2019 CERTIFIED TOTALS As of Certification JRC-DEL MAR JR COLLEGE Property Count: 1,111 Grand Totals 1/8/2020 9:37:24AM Land Value Homesite: 9,488,496 Non Homesite: 42,319,097 Ag Market: 0 Timber Market: 0 Total Land (+) 51,807,593 Improvement Value Homesite: 56,152,690 Non Homesite: 90,420,840 Total Improvements (+) 146,573,530 Non Real Count Value Personal Property: 0 0 Mineral Property: 0 0 Autos: 0 0 Total Non Real (+) 0 Market Value = 198,381,123 Ag Non Exempt Exempt Total Productivity Market: 0 0 Ag Use: 0 0 Productivity Loss 0 0 Timber Use: 0 0 Appraised Value = 198,381,123 Productivity Loss: 0 0 Homestead Cap 0 304,863 Assessed Value = 198,076,260 Total Exemptions Amount 0 91,767,800 (Breakdown on Next Page) Net Taxable = 106,308,460 Freeze Assessed Taxable Actual Tax Ceiling Count DP 330,835 53,539 150.27 185.11 6 OV65 9,567,781 5,890,793 10,657.73 12,251.42 64 Total 9,898,616 5,944,332 10,808.00 12,436.53 70 Freeze Taxable 0 5,944,332 Tax Rate 0.280665 Freeze Adjusted Taxable = 100,364,128 APPROXIMATE LEVY=(FREEZE ADJUSTED TAXABLE'(TAX RATE/100))+ACTUAL TAX 292,494.98=100,364,128'(0.280665/1 00)+10,808.00 Tax Increment Finance Value: 0 Tax Increment Finance Levy: 0.00 JRC/595060 Page 19 of 36 Nueces County 2019 CERTIFIED TOTALS As of Certification JRC-DEL MAR JR COLLEGE Property Count: 1,111 Grand Totals 1/8/2020 9:37:32AM Exemption Breakdown Exemption Count Local State Total DP 6 268,114 0 268,114 DV1 2 0 10,000 10,000 DV2 1 0 7,500 7,500 DV3 1 0 10,000 10,000 DV4 4 0 48,000 48,000 DVHS 6 0 1,007,204 1,007,204 EX 1 0 1,200,000 1,200,000 EX-XV 71 0 85,242,630 85,242,630 HS 121 515,701 0 515,701 OV65 72 3,408,651 0 3,408,651 OV65S 1 50,000 0 50,000 Totals 4,242,466 87,626,334 91,767,800 JRC/595060 Page 20 of 36 Nueces County 2019 CERTIFIED TOTALS As of Certification JRC-DEL MAR JR COLLEGE Property Count: 1,111 Grand Totals 1/8/2020 9:37:32AM State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value A SINGLE FAMILY RESIDENCE 692 $327,015 $65,400,682 $59,805,948 B MULTIFAMILY RESIDENCE 14 $0 $2,763,674 $2,748,328 C1 VACANT LOTS AND LAND TRACTS 286 $0 $15,608,166 $15,598,166 F1 COMMERCIAL REAL PROPERTY 49 $0 $26,308,197 $26,298,244 F2 INDUSTRIAL AND MANUFACTURIN 1 $0 $1,834,524 $1,834,524 J4 TELEPHONE COMPANY(INCLUDI 1 $0 $23,250 $23,250 X TOTALLY EXEMPT PROPERTY 72 $0 $86,442,630 $0 Totals 0.0000 $327,015 $198,381,123 $106,308,460 JRC/595060 Page 21 of 36 Nueces County 2019 CERTIFIED TOTALS As of Certification JRC-DEL MAR JR COLLEGE Property Count: 1,111 Grand Totals 1/8/2020 9:37:32AM CAD State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value Al REAL, RESIDENTIAL, SINGLE-FAMILY 102 $327,015 $19,787,319 $17,940,638 A4 REAL, RESIDENTIAL, CONDOMINIUM: 590 $0 $45,613,363 $41,865,310 B1 REAL, RESIDENTIAL, DUPLEXES 5 $0 $1,683,780 $1,683,780 B10 REAL, RESIDENTIAL,APARTMENTS 1 $0 $136,475 $136,475 B3 REAL, RESIDENTIAL,APARTMENTS 1 $0 $74,041 $74,041 B4 REAL, RESIDENTIAL,APARTMENTS 3 $0 $338,843 $338,843 B5 REAL, RESIDENTIAL,APARTMENTS 1 $0 $97,634 $97,634 B7 REAL, RESIDENTIAL,APARTMENTS 1 $0 $41,256 $41,256 B8 REAL, RESIDENTIAL,APARTMENTS 1 $0 $283,200 $283,200 B9 REAL, RESIDENTIAL,APARTMENTS 1 $0 $108,445 $93,099 C1 REAL,VACANT PLATTED RESIDENTI 113 $0 $4,384,319 $4,384,319 C1C COMMERCIAL VACANT PLATTED LO 164 $0 $11,115,789 $11,110,789 C11 COMMERCIAL INDUSTRIAL VACANT F 10 $0 $108,058 $103,058 F1 REAL,COMMERCIAL 48 $0 $26,238,399 $26,228,446 F2 REAL, INDUSTRIAL 1 $0 $1,834,524 $1,834,524 F3 REAL, Imp Only Commercial 1 $0 $69,798 $69,798 J4 REAL&TANGIBLE PERSONAL, UTILI 1 $0 $23,250 $23,250 X TOTALLY EXEMPT PROPERTY 72 $0 $86,442,630 $0 Totals 0.0000 $327,015 $198,381,123 $106,308,460 JRC/595060 Page 22 of 36 Nueces County 2019 CERTIFIED TOTALS As of Certification JRC-DEL MAR JR COLLEGE Property Count: 1,111 Effective Rate Assumption 1/8/2020 9:37:32AM New Value TOTAL NEW VALUE MARKET: $327,016 TOTAL NEW VALUE TAXABLE: $327,016 New Exemptions Exemption Description Count EX-XV Other Exemptions(including public property,re 7 2018 Market Value $9,750 ABSOLUTE EXEMPTIONS VALUE LOSS $9,760 Exemption Description Count Exemption Amount DP Disability 1 $50,000 DVHS Disabled Veteran Homestead 1 $103,066 HS Homestead 9 $40,000 OV65 Over 65 7 $300,000 PARTIAL EXEMPTIONS VALUE LOSS 18 $493,066 NEW EXEMPTIONS VALUE LOSS $602,816 Increased Exemptions Exemption Description Count Increased Exemption Amount INCREASED EXEMPTIONS VALUE LOSS TOTAL EXEMPTIONS VALUE LOSS $602,816 New Ag/Timber Exemptions New Annexations New Deannexations Average Homestead Value Category A and E Count of HS Residences Average Market Average HS Exemption Average Taxable 120 $152,345 $6,663 $145,682 Category A Only Count of HS Residences Average Market Average HS Exemption Average Taxable 120 $152,345 $6,663 $145,682 JRC/595060 Page 23 of 36 Nueces County 2019 CERTIFIED TOTALS As of Certification JRC-DEL MAR JR COLLEGE Lower Value Used Count of Protested Properties Total Market Value Total Value Used 1 $37,969.00 $37,969 JRC/595060 Page 24 of 36 Nueces County 2019 CERTIFIED TOTALS As of Certification CO3 -CITY OF CORPUS CHRISTI Property Count: 1,061 Grand Totals 12/9/2019 3:02:35PM Land Value Homesite: 9,488,496 Non Homesite: 41,831,252 Ag Market: 0 Timber Market: 0 Total Land (+) 51,319,748 Improvement Value Homesite: 56,152,690 Non Homesite: 90,413,340 Total Improvements (+) 146,566,030 Non Real Count Value Personal Property: 0 0 Mineral Property: 0 0 Autos: 0 0 Total Non Real (+) 0 Market Value = 197,885,778 Ag Non Exempt Exempt Total Productivity Market: 0 0 Ag Use: 0 0 Productivity Loss 0 0 Timber Use: 0 0 Appraised Value = 197,885,778 Productivity Loss: 0 0 Homestead Cap 0 304,863 Assessed Value = 197,580,915 Total Exemptions Amount 0 92,719,523 (Breakdown on Next Page) Net Taxable = 104,861,392 Freeze Assessed Taxable Actual Tax Ceiling Count DP 330,835 47,685 308.17 411.25 6 OV65 9,567,781 5,271,864 22,282.04 25,343.36 64 Total 9,898,616 5,319,549 22,590.21 25,754.61 70 Freeze Taxable 0 5,319,549 Tax Rate 0.646264 Freeze Adjusted Taxable = 99,541,843 APPROXIMATE LEVY=(FREEZE ADJUSTED TAXABLE'(TAX RATE/100))+ACTUAL TAX 665,893.31 =99,541,843'(0.646264/100)+22,590.21 Tax Increment Finance Value: 0 Tax Increment Finance Levy: 0.00 CO3/595028 Page 1 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification CO3 -CITY OF CORPUS CHRISTI Property Count: 1,061 Grand Totals 12/9/2019 3:02:42PM Exemption Breakdown Exemption Count Local State Total DP 6 268,114 0 268,114 DV1 1 0 5,000 5,000 DV2 1 0 7,500 7,500 DV3 1 0 10,000 10,000 DV4 4 0 48,000 48,000 DVHS 6 0 1,007,204 1,007,204 EX 1 0 1,200,000 1,200,000 EX-XV 61 0 85,059,967 85,059,967 HS 121 1,655,087 0 1,655,087 OV65 72 3,408,651 0 3,408,651 OV65S 1 50,000 0 50,000 Totals 6,381,862 87,337,671 92,719,623 CO3/595028 Page 2 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification CO3 -CITY OF CORPUS CHRISTI Property Count: 1,061 Grand Totals 12/9/2019 3:02:42PM State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value A SINGLE FAMILY RESIDENCE 692 $327,015 $65,400,682 $58,668,540 B MULTIFAMILY RESIDENCE 14 $0 $2,763,674 $2,746,933 C1 VACANT LOTS AND LAND TRACTS 246 $0 $15,295,484 $15,290,484 F1 COMMERCIAL REAL PROPERTY 49 $0 $26,308,197 $26,297,661 F2 INDUSTRIAL AND MANUFACTURIN 1 $0 $1,834,524 $1,834,524 J4 TELEPHONE COMPANY(INCLUDI 1 $0 $23,250 $23,250 X TOTALLY EXEMPT PROPERTY 62 $0 $86,259,967 $0 Totals 0.0000 $327,015 $197,885,778 $104,861,392 CO3/595028 Page 3 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification CO3 -CITY OF CORPUS CHRISTI Property Count: 1,061 Grand Totals 12/9/2019 3:02:42PM CAD State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value Al REAL, RESIDENTIAL, SINGLE-FAMILY 102 $327,015 $19,787,319 $17,265,275 A4 REAL, RESIDENTIAL, CONDOMINIUM: 590 $0 $45,613,363 $41,403,265 B1 REAL, RESIDENTIAL, DUPLEXES 5 $0 $1,683,780 $1,683,780 B10 REAL, RESIDENTIAL,APARTMENTS 1 $0 $136,475 $136,475 B3 REAL, RESIDENTIAL,APARTMENTS 1 $0 $74,041 $74,041 B4 REAL, RESIDENTIAL,APARTMENTS 3 $0 $338,843 $338,843 B5 REAL, RESIDENTIAL,APARTMENTS 1 $0 $97,634 $97,634 B7 REAL, RESIDENTIAL,APARTMENTS 1 $0 $41,256 $41,256 B8 REAL, RESIDENTIAL,APARTMENTS 1 $0 $283,200 $283,200 B9 REAL, RESIDENTIAL,APARTMENTS 1 $0 $108,445 $91,704 C1 REAL,VACANT PLATTED RESIDENTI 113 $0 $4,384,319 $4,384,319 C1 C COMMERCIAL VACANT PLATTED LO 133 $0 $10,895,451 $10,890,451 C11 COMMERCIAL INDUSTRIAL VACANT F 1 $0 $15,714 $15,714 F1 REAL,COMMERCIAL 48 $0 $26,238,399 $26,227,863 F2 REAL, INDUSTRIAL 1 $0 $1,834,524 $1,834,524 F3 REAL, Imp Only Commercial 1 $0 $69,798 $69,798 J4 REAL&TANGIBLE PERSONAL, UTILI 1 $0 $23,250 $23,250 X TOTALLY EXEMPT PROPERTY 62 $0 $86,259,967 $0 Totals 0.0000 $327,015 $197,885,778 $104,861,392 CO3/595028 Page 4 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification CO3 -CITY OF CORPUS CHRISTI Property Count: 1,061 Effective Rate Assumption 12/9/2019 3:02:42PM New Value TOTAL NEW VALUE MARKET: $327,016 TOTAL NEW VALUE TAXABLE: $316,429 New Exemptions Exemption Description Count EX-XV Other Exemptions(including public property,re 7 2018 Market Value $9,750 ABSOLUTE EXEMPTIONS VALUE LOSS $9,760 Exemption Description Count Exemption Amount DP Disability 1 $50,000 DVHS Disabled Veteran Homestead 1 $103,066 HS Homestead 9 $102,814 OV65 Over 65 7 $300,000 PARTIAL EXEMPTIONS VALUE LOSS 18 $666,880 NEW EXEMPTIONS VALUE LOSS $666,630 Increased Exemptions Exemption Description Count Increased Exemption Amount INCREASED EXEMPTIONS VALUE LOSS TOTAL EXEMPTIONS VALUE LOSS $666,630 New Ag/Timber Exemptions New Annexations New Deannexations Average Homestead Value Category A and E Count of HS Residences Average Market Average HS Exemption Average Taxable 120 $152,345 $16,142 $136,203 Category A Only Count of HS Residences Average Market Average HS Exemption Average Taxable 120 $152,345 $16,142 $136,203 CO3/595028 Page 5 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification CO3 -CITY OF CORPUS CHRISTI Lower Value Used Count of Protested Properties Total Market Value Total Value Used 1 $37,969.00 $37,969 CO3/595028 Page 6 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification GNU-NUECES COUNTY Property Count: 1,111 Grand Totals 12/9/2019 3:02:35PM Land Value Homesite: 9,488,496 Non Homesite: 42,319,097 Ag Market: 0 Timber Market: 0 Total Land (+) 51,807,593 Improvement Value Homesite: 56,152,690 Non Homesite: 90,420,840 Total Improvements (+) 146,573,530 Non Real Count Value Personal Property: 0 0 Mineral Property: 0 0 Autos: 0 0 Total Non Real (+) 0 Market Value = 198,381,123 Ag Non Exempt Exempt Total Productivity Market: 0 0 Ag Use: 0 0 Productivity Loss 0 0 Timber Use: 0 0 Appraised Value = 198,381,123 Productivity Loss: 0 0 Homestead Cap 0 304,863 Assessed Value = 198,076,260 Total Exemptions Amount 0 95,285,217 (Breakdown on Next Page) Net Taxable = 102,791,043 Freeze Assessed Taxable Actual Tax Ceiling Count DP 330,835 24,331 74.86 164.39 6 OV65 9,567,781 3,740,377 7,692.02 9,573.41 64 Total 9,898,616 3,764,708 7,766.88 9,737.80 70 Freeze Taxable 0 3,764,708 Tax Rate 0.307689 Freeze Adjusted Taxable = 99,026,335 APPROXIMATE LEVY=(FREEZE ADJUSTED TAXABLE'(TAX RATE/100))+ACTUAL TAX 312,460.02=99,026,335'(0.307689/100)+7,766.88 Tax Increment Finance Value: 0 Tax Increment Finance Levy: 0.00 GNU/595059 Page 7 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification GNU-NUECES COUNTY Property Count: 1,111 Grand Totals 12/9/2019 3:02:42PM Exemption Breakdown Exemption Count Local State Total DP 6 284,796 0 284,796 DV1 2 0 10,000 10,000 DV2 1 0 7,500 7,500 DV3 1 0 10,000 10,000 DV4 4 0 48,000 48,000 DVHS 6 0 1,007,204 1,007,204 EX 1 0 1,200,000 1,200,000 EX-XV 71 0 85,242,630 85,242,630 HS 121 3,258,371 0 3,258,371 OV65 72 4,154,216 0 4,154,216 OV65S 1 62,500 0 62,500 Totals 7,759,883 87,525,334 95,285,217 GNU/595059 Page 8 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification GNU-NUECES COUNTY Property Count: 1,111 Grand Totals 12/9/2019 3:02:42PM State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value A SINGLE FAMILY RESIDENCE 692 $327,015 $65,400,682 $56,298,213 B MULTIFAMILY RESIDENCE 14 $0 $2,763,674 $2,742,013 C1 VACANT LOTS AND LAND TRACTS 286 $0 $15,608,166 $15,598,166 F1 COMMERCIAL REAL PROPERTY 49 $0 $26,308,197 $26,294,877 F2 INDUSTRIAL AND MANUFACTURIN 1 $0 $1,834,524 $1,834,524 J4 TELEPHONE COMPANY(INCLUDI 1 $0 $23,250 $23,250 X TOTALLY EXEMPT PROPERTY 72 $0 $86,442,630 $0 Totals 0.0000 $327,015 $198,381,123 $102,791,043 GNU/595059 Page 9 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification GNU-NUECES COUNTY Property Count: 1,111 Grand Totals 12/9/2019 3:02:42PM CAD State Category Breakdown State Code Description Count Acres New Value Market Value Taxable Value Al REAL, RESIDENTIAL, SINGLE-FAMILY 102 $327,015 $19,787,319 $16,240,505 A4 REAL, RESIDENTIAL, CONDOMINIUM: 590 $0 $45,613,363 $40,057,708 B1 REAL, RESIDENTIAL, DUPLEXES 5 $0 $1,683,780 $1,683,780 B10 REAL, RESIDENTIAL,APARTMENTS 1 $0 $136,475 $136,475 B3 REAL, RESIDENTIAL,APARTMENTS 1 $0 $74,041 $74,041 B4 REAL, RESIDENTIAL,APARTMENTS 3 $0 $338,843 $338,843 B5 REAL, RESIDENTIAL,APARTMENTS 1 $0 $97,634 $97,634 B7 REAL, RESIDENTIAL,APARTMENTS 1 $0 $41,256 $41,256 B8 REAL, RESIDENTIAL,APARTMENTS 1 $0 $283,200 $283,200 B9 REAL, RESIDENTIAL,APARTMENTS 1 $0 $108,445 $86,784 C1 REAL,VACANT PLATTED RESIDENTI 113 $0 $4,384,319 $4,384,319 C1C COMMERCIAL VACANT PLATTED LO 164 $0 $11,115,789 $11,110,789 C11 COMMERCIAL INDUSTRIAL VACANT F 10 $0 $108,058 $103,058 F1 REAL,COMMERCIAL 48 $0 $26,238,399 $26,225,079 F2 REAL, INDUSTRIAL 1 $0 $1,834,524 $1,834,524 F3 REAL, Imp Only Commercial 1 $0 $69,798 $69,798 J4 REAL&TANGIBLE PERSONAL, UTILI 1 $0 $23,250 $23,250 X TOTALLY EXEMPT PROPERTY 72 $0 $86,442,630 $0 Totals 0.0000 $327,015 $198,381,123 $102,791,043 GNU/595059 Page 10 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification GNU-NUECES COUNTY Property Count: 1,111 Effective Rate Assumption 12/9/2019 3:02:42PM New Value TOTAL NEW VALUE MARKET: $327,016 TOTAL NEW VALUE TAXABLE: $306,843 New Exemptions Exemption Description Count EX-XV Other Exemptions(including public property,re 7 2018 Market Value $9,750 ABSOLUTE EXEMPTIONS VALUE LOSS $9,760 Exemption Description Count Exemption Amount DP Disability 1 $62,500 DVHS Disabled Veteran Homestead 1 $103,066 HS Homestead 9 $195,034 OV65 Over 65 7 $367,796 PARTIAL EXEMPTIONS VALUE LOSS 18 $728,396 NEW EXEMPTIONS VALUE LOSS $738,146 Increased Exemptions Exemption Description Count Increased Exemption Amount INCREASED EXEMPTIONS VALUE LOSS TOTAL EXEMPTIONS VALUE LOSS $738,146 New Ag/Timber Exemptions New Annexations New Deannexations Average Homestead Value Category A and E Count of HS Residences Average Market Average HS Exemption Average Taxable 120 $152,345 $29,444 $122,901 Category A Only Count of HS Residences Average Market Average HS Exemption Average Taxable 120 $152,345 $29,444 $122,901 GNU/595059 Page 11 of 12 Nueces County 2019 CERTIFIED TOTALS As of Certification GNU-NUECES COUNTY Lower Value Used Count of Protested Properties Total Market Value Total Value Used 1 $37,969.00 $37,969 GNU/595059 Page 12 of 12 REINVESTMENT ZONE PROJECT PLAN AND FINANCING PLAN Tax Increment Reinvestment Zone #4 NORTH BEACH, CORPUS CHRISTI, TEXAS 0 1500 3000 4500 GRAPHIC SCALE 1 =1500' , "'°` �a�'"` c�assw�s�crarrsrr car s= tr 1 423 Acres (61,984,040 Sq.Ft.) 4" ^ L ii I -u tea• t7 ... Paint of Sagimimg T F " i'rI a 0 8518'07'W 4572.50, DeGairnbeip.2019Mairch... 02 geiirn.beir:..9p... 4.9Mair:r.h....1:7,... . 20 TABLE OF CONTENTS TABLEOF CONTENTS ..................................................................................................... INTRODUCTION ............................................................................................................ 1 Criteria for Zone Creation 1 Vision for North Beach 2 Anticipated Zone Role in North Beach Improvements 2 PROJECTPLAN ........................................................................................................................... 3 Existing Uses and Conditions/ Boundaries §311.011(b)(1) 3 Exhibit A -Zone Boundaries and Land Use 3 Exhibit B.1 -Existing Land Use 4 Exhibit B.2-Existing Property Designation 5 Exhibit B.3-Existing City Limits, City Owned, Port Owned& Proposed TIRZ Parcels 6 Exhibit C- Legal Description of the Zone 7 Municipal Ordinances §311.011(b)(2) 10 City Planned Improvements (Non-Project Costs) §311.011(b)(3) 11 Relocation §311.011(b)(4) 12 REINVESTMENT ZONE FINANCING PLAN ....................................................................... 13 Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) 13 Economic Feasibility Study§311.011(c)(3) 16 Estimate of Bonded Indebtedness §311.011(c)(4) 16 Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) 16 Method of Financing and Sources of Revenue §311.011(c)(6) 16 Sources of Revenue 16 Current Appraised Value §311.011(c)(7) 19 Estimated Captured Appraised Value §311.011(c)(8) 19 Duration of the Zone §311.011(c)(9) 19 Appendices ................................................................................................................... 20 Appendix —Economic Feasibility Study§311.011(c)(3) INTRODUCTION The City of Corpus Christi is proposing to create a Tax Increment Reinvestment Zone or TIRZ (hereafter referred to as the "Zone") over a portion of the city that includes the city's North Beach area along the Bayfront from the Rincon Channel at the north end, south to the USS Lexington, adjacent to the Texas State Aquarium, and west to the Port of Corpus Christi. Criteria for Zone Creation The area within the Zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Conditions meeting the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to the language of Chapter 311,these conditions must"substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health,safety, morals,or welfare in its present condition and use." The existing conditions in the North Beach area of Corpus Christi hamper investment in residential, retail and hospitality-related property improvements,as outlined in the portions of the Downtown Area Development Plan (DAPD) Residential Market Analysis relevant to North Beach. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. �; � irr�Ils it 1 P1.111 airc1h 1� 2020. . 11 P a g e Vision for North Beach Over 800,000 people visit the Texas State Aquarium and USS Lexington on North Beach each year. Each of those visitors drives through areas with frequent flooding and blighted as well as vacant properties.Corpus Christi's first impression to over 800,000 people each year is largely a pathway of deferred maintenance, disrepair, and unimproved properties on the way to the beautifully maintained and exciting Texas State Aquarium and USS Lexington. In recent years,the new Harbor Bridge construction has changed the entrance and exit ramps to and from North Beach. These changes will have an enormous impact on access to and from North Beach and its ability to remain the most visited location in all of the Coastal Bend area. The completion of the Harbor Bridge, and demolition of the old bridge, will spur new opportunities for North Beach revitalization. The proposed Zone can directly aid in the realization of this vision while addressing the deficiencies and challenges outlined above. The North Beach Area should have very well maintained infrastructure and public spaces including medians, right of ways, beaches and parks. The North Beach TIRZ could participate in contributing to a high level of proactive maintenance ensuring a clean residential, commercial and tourist community. Anticipated Zone Role in North Beach Improvements The DAPD Analysis of Residential Market Potential,the 2011 North Beach Development Plan and the 2018 North Beach Redevelopment Area Specific Plan indicate the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. Flooding, vacant properties, the aging of existing development, inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in North Beach. However, continued investment by the Texas State Aquarium, changes brought by the new Harbor Bridge, new multi-family construction, new single-family homes, and the City's commitment to solving flooding issues and to make public amenity improvements are a positive indicator for North Beach. The primary functions of the zone will be to support: • Infrastructure Projects • Maintenance Projects • Development Incentives • Administration of the Zone The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density through parking structure, the zone and the other projects will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vibrant urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses, sending a strong first impression to nearly one million annual visitors to Corpus Christi. �; � irr�Ils it 1 P1.111 airc1h 1� 2020 2 1 P a g e PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 1,423 Exhibit A-Zone Boundaries acres(454.5 Acres of Land;968.3 Acres of Water) wholly within the City of Corpus Christi. Its boundaries encompass all of � the North Beach area east of the Port of Corpus Christi land,as shown in Exhibit A. A variety of land uses, shown in maps in r Exhibit B and described generally below, are present within the proposed TIRZ. A legal description of the Zone is given in Exhibit C. r The Texas State Aquarium and the USSR Lexington, in the southern area of North ,r Beach, draw more than 800,000 tourists and visitors annually, combined. Removing the Burleson exit leaves only one northbound exit from the new JljJ� i Harbor Bridge, impacting accessibility to i these two heavily visited attractions. n �r To the north, the zone transitions to an p� area of tourist retail, restaurants, hotels, vacant buildings and unimproved land. r The beach runs along the eastern portion of the zone. Further north along the beach are multi-story condominiums,city owned Surfside Park, a small number of single-family homes, and a popular city park, Dolphin Park. If funding is determined to be appropriate and TIRZ and City Council choose to fund them,the off shore area allows for the potential inclusion of breakwater barriers. Central North Beach has a linear right of way,formerly a rail easement,owned by the City of Corpus Christi. Timon and Surfside Boulevards run along its edges, acting as a main thoroughfare through North Beach. This right of way is the location of a proposed drainage solution, a canal to mitigate flooding. This North Beach drainage solution could potentially improve stormwater flow on the peninsula. Residents in the northwest portion of North Beach often experience difficulty making the turnaround at the north end of North Beach under the causeway due to flooding. The new Harbor Bridge,TxDOT and the Port of Corpus Christi border the zone to the west. i; irr�Ils it 1 P1.111 airc1h 1� 2020. . 3 1 P a g e Exhibit B.1: Existing Uses Throughout the Zone ' a ed TIRZ #4 r � i1i r!! v �f 1, city uu mna'x ✓ Ulf �r Propos,pd MIS#4 Boundwy Cons/pr r l 16 Ikw• w"Aw �i11 dJ Estate R ' Low Density Vies Medium Donsity,Res �lll� �*gh, nay nes Mob,de Homer Hark commlerdall ILuight IIndus' ir< i Heavy hrieai; o gecelrrdaei: 9; 4.11Mairc1h 1� 2020. . 4 � P a g e Exhibit B.2 Criteria for the Zone i yy r a s d 'TIRE City UmRs Brod TRZ#4 Boundary Propertiesi Designation �� IlllllllllllllllllllllllElIERYTHIING i LSE RESIDENTIAL i" sei� :rallaei� 9; 4.11Mairc1h 1 20.20. 5 � P a � e Exhibit B.3 Parcels u� r � o it V i I� u rG '� r, w v r ri i � f01f m : i; e i� :Fdae i� 9; 1.111 a it c 1h 1 7, 2020 6 P a g e Exhibit C- Legal Description of the Zone URBAN Jok,i No,432MT19,08 i%ug u st 2'a 20 l 9 F,xhibit A I&V&r SIATE Of,"TEAAS C',C)(N TV 0 F N 1,IF,(,ES Fividinnifes,for a 1,423 AcrvTnul of Land(Niot based On all oma the between the Corpus Chrisl i Shipping Chavind and Nucces Ray,over and across a picinion of WO carni pias known as Noirth Beach,Curpus,Chisli Buy"Nucces Bay, Rincon Channel and C�°orpus Cbmi i Shipp4ig Chanael in Dramas('7(immy,'Tcxas,die said 1,423 Aere]'ract being inore fully described as,follows: Beginning,at as poini with a Nort1iing(if171,897 15365 andan bsting of 1342(013691, fcn,as coum oil" this Tract mid dke, pAilt of Beginning; Tbence,with distances,and lvm,Ings as ft'd1ows: * North 58"16'18"Wcst,as distance of'81J7.17 Feet tioi a poira fora c,,jomcr awl dtk Tracta * Ncuth 3 NI IT27"East,a diswrive of'519,93 Feet to at point for as corneir iof ffiis'Tram Nordi 12`34'59"Wicsi,as distance ol"298,84 Frio tio a,a poina fora cirmwer(of Ilius Truct, North 58113'03"Wesi,as disi of 15 1 19 Feet tai i a pokil,for as curnict gal'this, Vruct Multi 37'22'07 West, a tfiss,,ulce of 225,64 Fvt:f Lo a 1vint for as cornea of khk Truet and the beginning of a Cii-Clutar curve,to file kip"IM,h"'living as delta ol'7 1'AT0 1",a ra(bus of 527,86 Net,an ZITC lengdt of('6(0()Feel,and a chod which Imars,NoTih 02'�51`40"[Altst as dkiance,of618.29 Feel,- With silid dveuku-curve to ffic Right„a dimance of 660 5(,)Feel fm—a conler ref"Chums"Fa act; Noilh 47"N'20"li,'.va, ia chmavie(a of l 19 Feel w as Point for a poatt 411 dw inicricefion(',)if this Northea,st Right-cd'-Wuy flame:of Burleson Strec"T inJ the Sliufficast Right of Way fine,(A Ritleon Road mtd fora cornier of tbis'fiuci, • South W`19'56" East, iiivilh said Northeast Right-of,Way fine 01'BLUICS0f) Slree�, a disumice of 6`79,39 Feet to a pomit for as Corm,cif thisTIA10; • Nodh 31",47*42"East,a diswice u['659,79 F'eiel row as point fiat.a corucr of lbisi`rl,4,ma AND Page I ot 3 OFFICK(160854 3101 27255 AN"t'1sNERDIC 0C aNtaUNICL LTEXAS 7840"1 Ii'AX THPV ,Firm 0 10 aTHMIS t1tm# IasV,taaAI gesei�:Fd94?.ir:9; 2(49Mairc1h 17 2020 7 P a g e :::::: I Souah.58"2 N'36" [�.'ao,a dWance,of 13917 taw a polvll, for a c("u,ner()f Chis Traet„ North :3l"':3 ',3tm EU%t,generally with the centerline tA'R itu.,-on('11hannel,a distance 01: (0,0(13 1 Fect to a aarumt in the Stale Subvnergird I.unds pur(::ej 788, ti g tt c,-()j,tjcr(if tfj,u,s'J'yact; 15cRith 561'27'08" Flast, f,,wver and across State Subincirged Linds parcris, '188, 59, 42 aind 43 as distmice of th,37 IpFeel to a poiw in Sulle Suhnunged Lai u]s, parcel 43 with suN4,,irthing or 17 192577,892 and an Easting of 135()aA11.872.for as comer offfiis Tract, Sowh 32,A0`25" 'West, ovet, and ael'OYS SUItC SUbmerged I,=ds parcels "h"3, 58. 59, and 5()A as distasice of 8,6101.67 Foci io as pueulrat ill Suate Submerged [Aulds, paricel 5t)A, Rlir ;u Corucrofthis Truct" Nonh 9518'107" West, cvver and d,crc)ssSulmierg",I Lands, as distance c,44,572.50 f"Vet (o a poini, for a cornei,of�,h is Tt act-1 North 74"02'44"'West,over and across Subinergcd Unds, a dislarwe of 37&53 Fect to a point for, a corn of this Tract; North 28*15'59" East,k)ver,,,,u'KIaCr(,wSs subruerp x"I Lands und up l.. cauls, a dislanev,of 491,1 S' F'eel to a,point for a corner of Chats,rract* North36'52'49" West, as disLance of 751,68 Fect to a point for a ccwnev of this Tract and the heginninS of a circuhu curve, Io the Left,111tiving a(Jelto of5&'58'45", as radius of 3 1 5,97 Feet, an, arc length of 314,22 Fect, and as choW which hew's, Ncolh W'04'42" West a distance of 301,43 Feet, Withsaid circular curve,tcl the Left,as distance of 3 14,22 F*eei to an point fkpr a conur of ihis Tracu� Soutit 88"43'24" West,a dioanov.of 136,49 Feet to a p(,A,nt on the centfflinc o(Avenue F and for a onner cifthis Tract; Nortlij(A'55'01,21"'EasI, wid"t saild cent erl inc of A virn Lie F,a dislance of 2716.87 1"Tet,to a hX)i w for as comer ofthis'Fract and ffie beginnirig of a circular curve u)the Right,luving a diclut(A 1 Sl",54'2 I", a radius,(A'22(),19,Fa t,an av:length cif 72,6m6 1"em,and,as chord%VrjjjCjj Ilvars Nort h VY"A)T 11"East a(4saance of'7233 Feet; Wint said circular curve tum throe Riglit, ctinfinuing willi said ccuilerfine of Avenve 1, a distance of '72,66 fTct U,)as point fora corner(,,ilf Olis Tract; * Noah 26048'191"East,contintung Nvidi said ceraerfitic of a' 17, a distance of 71,31 F'Oel tau41 poku for a uorrwr t4 thk Two" # North 3 M)4'49-Eas,t,cokakinuing with s,aid cenlerline of Avcuuc F. a distmce of 43156 Fect to a point lor as corner of1his,'TrRel 11110 hc�gdnning ofa vircular curve to doe Lefl,having,4 delta of 48`2 1'310",as radius of 207.41 Fect, an arc lenipth of 175,05 fret, and a chord which tvars North 14`22'37" Flast a disaance of 169,9C)Feet, * With said circ-uW oarve lo, d1w. Left, continuing with said cxiocrhne of Avemse 1', a distance to 175,05 J`eel to it pouit for a corner of this Tracl; ANDAOCTNI)STNO4320 11 B9()8jFDVrJ)(,Ncx Pag 2 of.1 OPFIC'L(361)S)4,3W1 2725 SMANTNE"11 DR,*CORPUS(IMS"I 1,41AAS 78401 Ii AN,(361)85 G-64,1)1 TDPL,Flrin,0 145*'1 HPIS F�iral# 1�(032,100 geseirnbeir:9; 2(49Mairc1h 17I 2020 8 1 P a g e :::::: Nomh 0,3'04'08"'West,coutitming,with said cemedine M'Avenue F.a disumtee of 223.76 F'CC� uoi a Irwiw, fcwr kJiv Ceracthuto inte-irsecdon awl squid Avicinuc F and Wem Cauiwvay Bcwaevard and fim a corneir of thus Tract and the he'j;jmI4Ig of a circlidar Lairvic us the Ixt),having a delta of 52`9a '4 f a caidius of f'2 76 Feet, ,,in arc length of 1173,3,3 Feel, and a chord whicb hicars Norlb W,,,11,V F."ist a d imzice of' 1132,03 Fem Thence, with SaW CircU411, Curve lo the Lefi, and Said a,,vntcrhinc of same West Causeway Boulevard, a distance of 1173,33 Feei to die Ivint of Begirming,cimmaining, 1,,423 Acres (61 984,040 q+t)c,4 Land more or liess; Grid Bcaslngs and Distunclus Shown hv.won aw refewinceid ix)the"!cxas Coordinate Systents of 1983,J'exas South'Ixine 4205,and m based on this Noah Americtin Datum of 1983('2011)f"wh 2010,00 [)WIm shis fieldnows description, inefuding preamble, seal and signatUre, api'vars in its eoath ely, in its origitW kirm, surveyor&musnes rio responsibility for its axxuracy, Alvo oftfvu-t described herein, Pds do re 22 TAC 663,21',does not ircylect tht,,remilits ofon on Ote ground mwvey, and is nle,�o to btw usett to (,'()nvey ())-establish in wo-eits in eiruill propwroe:vcepi those riA4its (oul injeresty itniptied tor eseethilished ky flue ir,retahm, or olike Impundell plifitheperp htfirt,'d subdivi.0cwt fi,,v which If was prV!jNIred, TIRZ Imundary provided taw the Surveyor by true(Ity ami'Corpus URBAN ENGINFERIN(i Dairt L Uthan,RTIJ-S Lk,vnise No,4710 CIAN LEEL)FABAN 4710, wtm AND Page 3 ott'A OFTICE�.(3161',WA 11011 272S SWANINER DW r CORPUS CHRIST1,11AAS 78404 FAX(361104,6001 ITPE",Firm# 145*TRIIIS Firm# I i geseir:Fd94?.ir:9; 2(49Mairc1h 17I 20 209 1 P a g e :::::: 4 1546 3000 4500 .r GRAPHIC; WALE � Life: Table 1"=1500" L ' L E Lr I � L ni e= L E � I+ Curve Table 1 11,: rl. CLW3IX.5',LTdf,�'F SWYTu 1 11 HE 1423 Acres Ey1iibitB [„ , fE 1.YH4.(➢4C1 S.n.Ft.1 I' `:'. m� a Sketch to.E cc'c'rrnp.'n FeldW.%,far a 0,425 A—Traa1.of Land Bimt.d V-1 el B®gnrra ., bet—the Carpus Chftti Shipping Channel and Nu- 12 - E- Bay awes and aaraax a part an 0 land—anly T 'F V ;j 'e� k M rth B-01,CeCh iti Bay, N- es.Bay, H I TI ry —nhun%.I.Teal arpaa,Ch a2"lhppimy.CMaarrvel in Na—.N X.k' xri L1.'S' DATE Auer 26, 2,119 SCREE 1 T5 4 9618"07"W '1,572.5,' I G1Ut1f EPriIf �Ca Joa No 432W 89,178 raxsron SHEET. 1 OF 1 - `*'a'crrwwur DRAWN BY. BIl7L . �se�Wryara,rba�,e�g.r'Q. 02094 by Urban Engineering Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. i; .e ii n Il e i� 9; 4,.1111Ur c lh 1 7, 2020 10 1 P a g e City Planned Improvements (Non-Project Costs) §311.011(b)(3) It is expected that the City or Corpus Christi, Nueces County, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, various nonprofit organizations, private citizens and developers may also consider efforts to remediate environmental and safety deficiencies on existing private properties. The City of Corpus Christi has identified about$11,882,989 million in projects planned, or just recently completed,for locations partly or wholly within the Zone intended to rehabilitate and improve existing public facilities and infrastructure. TIRZ funds may be used to assist these projects; however, the bulk of funding is anticipated to come from other sources. The table below lists some of these projects. Note: Amounts may not add perfectly due to rounding Current City Planned Improvements (Non-Project Costs) Project Source Status Projected Cost Gas US 181 at Burleson Rev Bond Complete $557,788 Due to conflicts with the new bridge construction there will be 860 feet of 6"steel gas line replacement located in the Burleson St. and US181 intersection. Breakwater Ave..at W Causeway Blvd. Rev Bond Complete $202,883 Due to conflicts with the new bridge construction there will be 425 feet of 2"steel gas line replacement located in the East Causeway Blvd.and Plum St.area. Streets North Beach Area Road Improvements&Area Beautification Bond 2012 Substantially $801,500 Includes pavement restoration to North Shoreline Boulevard,new Streets Complete wastewater and water lines on North Shoreline Boulevard,and Storm Water cleaning existing stormwater and wastewater pipes and manholes Wastewater on Breakwater Avenue and Coastal Avenue. Water North Beach Breakwater Plaza,North Shoreline Repair and Bond 2012 Substantially $1,623,900 Enhancement Complete Includes new curb and gutter,sidewalks,ADA ramps,markings, signage,seating,on-street parking enhancements and illumination improvements to North Shoreline Boulevard.Improvements also include a paved surface to Breakwater Plaza and cleaning existing stormwater pipes and manholes on North Shoreline Boulevard. Beach Avenue(E.Causeway Blvd.to Dead End at Gulfbreeze Bond 2018 In planning $1,000,000 Blvd.) phase Reconstruction of existing 2-lane roadway with new pavement, curb&gutter,sidewalks,ADA compliant curb ramps,signage, pavement markings and illumination.Includes bike mobility improvements per the adopted MPO bicycle mobility plan and approved in North Beach Area Plan. N.Beach Area Primary Access(Beach&Timon/Surfside Bond 2018 In planning $1,250,000 Intersection) phase Design and construction of a new curved access road from E. Causeway Blvd.onto Timon Blvd.with a new traffic circle at intersection of Timon/Surfside and Beach roads.Provides a new g .eii nIl ei� 9; 1.111 airc1h 17 2020. . 111 P a g e route for the single access road into North Beach from the new Harbor Bridge.Traffic circle connects Timon/Surfside and Beach and converts Beach Avenue to one-way from Surfside to E. Causeway Blvd.New Traffic circle also allows development of new gateway feature for the entry into North Beach approved in the North Beach Area Plan. N.Beach Gulfspray Ave.Pedestrian/Bike Access(Beach Access to Bond 2018 In planning $300,000 E.Causeway Blvd.) phase Pedestrian and bicycle infrastructure improvements to create a new train for improved access from Harbor Bridge and the beach approved in the North Beach Area Plan. N.Beach Coastal Protection(Breakwater Barrier) Bond 2018 In planning $250,000 Preliminary engineering and permitting with USACE,GLO,Port of phase Corpus Christi and other agencies for the design and construction of new breakwater barriers to mitigate beach erosion and coastal flooding as approved in the North Beach Area Plan. Water US 181-Beach Ave to Elm St Rev Bond 90% $3,715,322 Due to conflicts with the new bridge construction there will be complete by 3000 feet of 12"waterline replacement,600 feet of 16"waterline TxDOT replacement and 800 feet of 6"waterline replacement to maintain water quality.The work is concentrated on the east side of US181 between Reef Ave.and Burleson St. Breakwater-W.Causeway Blvd Rev Bond 90% $1,021,191 Due to conflicts with the new bridge construction there will be 500 complete by feet of 12"waterline replacement to maintain water quality.The TxDOT work is located on Breakwater Ave.between Avenue F and East Causeway Blvd. Wastewater Due to conflicts with the new bridge construction there will be 500 feet of 4"wastewater force main replacement and abandonment of total of 1000 feet of 6"and 8"gravity sewer main.This workis located west-side of the existing US181 between Burleson St.and Avenue C". ' US 181 at Plum St. Rev Bond 90% $201,649 complete by TxDOT US 181 at E Walnut St Rev Bond 90% $446,815 complete by TxDOT Burleson St from US 181 SBFR to Seagull Rev Bond 90% $411,941 complete by TxDOT Parks and Recreation North Beach Historic Plaza Hotel Dec 2019 $100,000 Placement and installation of a series of historical panels in North Occupancy Tax Beach plaza currently being constructed as part of Bond 2012. Tota( $11,882,989 Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone's projects. i; .eii nIl ei� 9; 4.11Mairc1h 17 2020. . 12 1 P a g e REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support development and economic activity as well as contribute to the image and attractiveness of North Beach Corpus Christi on a local, regional, and national level. In addition, the Zone will pay the costs of Zone creation and ongoing administration. The following are project cost estimates and should not be construed as definitive costs for the listed projects (not listed in priority order). 1. INFRASTRUCTURE PROJECTS: $ ,9JC )„.5. A. Wayfinding Infrastructure — The Zone may participate in proposed construction of gateway features with wayfinding throughout North Beach. It may also build multi-use paths to major tourists destinations. B. Park Improvements—The Zone may contribute to enhancements to Dolphin Park, Surfside Park, and Kiwanis and construct a North Beach birding park (Eco Park). C. Demolition of Blighted Structures—Many older vacant or underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements that present a public safety hazard. The Zone may provide assistance to property owners and developers who must remediate or demolish such structures in order to develop or redevelop. D. Public Safety— With the purpose of increasing safety and security within the Zone, the Zone will provide support for security cameras and associated costs or other one-time security equipment and system devices. E. Drainage- The Zone may contribute financially to addressing infrastructure improvements that would reduce tidal and stormwater related flooding. F. Residential Streets- In November 2016, the voters approved a Charter Revision to Article VIII. Taxation and Bonds, Section 1. Taxation of the City's Charter which authorized the City Council to levy, assess and collect a property tax not to exceed six cents per $100 valuation for residential street reconstruction to be gradually implemented at a rate not to exceed two cents per $100 valuation per year (i.e. 2+2+2 = 6 cents). The City Council exercised that authority in FY 2018 and in FY 2019. The additional four cents and potential additional two cents must be used for residential streets as approved by the residents of Corpus Christi on November 8, 2016. City Charter Art. VIII,Sec. 1(c): (c)A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street DeceirnIl ei� 9; 1.111 airc1h 1 20.20. 13 P a g e reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction"is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. 2. MAINTENANCE PROJECTS: $. 7.:.. J.. .J.MJ,........ ,2.:::, I . . A. North Beach Public Spaces Beautification & Revitalization Programs & Services -The Zone may contribute 5% of the total incremental ad valorem taxes collected per year in the Zone to beautification projects including the creation of or enhancements to common areas, roadway and median streetscapes, pedestrian landscapes, beach renourishment and beautification,wayfinding signage, lighting, public facilities and any services relating to such program. 3. INCENTIVES: $,1X,4 J. . ,. .. ) .38,OO All Development Incentives are approved at the discretion of the TIRZ Board. A. Project Specific Development Agreement- In situations where higher development costs create a financing gap, TIRZ #4 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net ad valorem new tax increment on new developments, including mixed-use developments. A pro-forma is required to qualify for up to 75% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required. • The total reimbursement by the TIRZ#4 will not exceed 20% of the total project cost if a development is at least 20,000 square feet or creating 100 or more new residential units. • The total reimbursement by the TIRZ#4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet but less than 20,000 square feet or creating at least 25 but less than 100 new residential units. If further gap exists, staff will undertake additional third-party review to justify any additional reimbursement up to 95% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required based on the "but,for" principle.The qualifying cost elements for this Project Specific Development Agreement include those listed in the paragraph above and also: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking, including availability for public parking • Urban Design/Landscaping • Public Improvements/Utilities, including drainage To incent developers to build more than one project on North Beach, the TIRZ Board will consider reimbursement of net ad valorem new tax increment on all of the developer's properties within the TIRZ boundary. DeceirnIl ei� 9; 4.9Mairclh 1=2, 20.20. 14 1 L a g e B. North Beach Property Improvement Program — This grant will support and encourage private investment in the existing structures and facilities already built on North Beach. The Zone will match approved property improvements funded by the property owners. The Zone will consider a match of 50/50 (Property Owner/TIRZ#4), depending upon the extent to which the scope of the project meets the priorities of the Zone. C. North Beach Living Initiative— In order to stimulate the development of North Beach and quickly build residential density in the area, the Zone will establish a grant that will provide a $10,000 per dwelling unit reimbursement for multi-family developments of over 10 units. Any applicant awarded a grant must obtain a Building Permit for the entirety of such project(s) within six (6) months of award of such grant. If a Building Permit is not obtained within the six- month time period, then the grant will be forfeited. 4. ADMINISTRATIVE COSTS: $2,250,000 A. Creation—($250,000)Zone shall reimburse the City for City incurred expenses related to the costs of creating the Zone. B. Administration—($2,000,000) Zone funds shall pay for the City's costs of ongoing administration of the Zone including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at$100,000 per year for the 20-year life of the Zone. Project Costs are Estimated as Follows: Infrastructure, Maintenance and Incentives $°9n.µ4)2.4µ 919 9,9JI1 Administrative Costs $2,250,000 TOTAL Economic Feasibility Study §311.011(c)(3) Several market and economic feasibility studies for the Zone have been completed. The MJB Consulting "Retail Market Analysis and Strategy" and the Zimmerman/Volk Associates "Office, Retail, and Hotel Market Assessment" are provided under separate cover. In addition, a feasibility analysis by Landmark Renewal was completed in August 2019, which is included in Appendix A to this Plan. DeceirnIl ei� 9; 21.111 airc1h 1 40.20. 15 1 P a g e Estimate of Bonded Indebtedness §311.011(c)(4) It is not initially anticipated that the Zone will issue bonded debt; instead the Zone's projects will be funded on a pay-as-you-go basis or utilize other financing methods. However, if the annual Zone revenue and available non-bonded debt financing are insufficient to address the needs of the Zone,the Zone may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach or a bonded debt issuance. Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will initially take a pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Developer's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. If future Zone revenues to support debt service payments are anticipated,the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of Corpus Christi and Nueces County on the taxable property value increment within the Zone. It is currently projected that the County will agree to participate in funding the Zone with 100%of the incremental property taxes collected over the life of the Zone and that the City will participate in the funding of the Zone based on the table below. If City reaches $20 million, then the City O Mair 1.rallllegg D.iggac d rad. I„�gggr,nj agl [ggd co, Cit shall cease contributions to the increment. flie p. pa2[1copa2lal...fin the....I111 Z#4 at 1IIae sarurne iratle as the 1. ty rad. 1.ra[2!p � 1..111ir stj with as sculled a ppl l oarc„Ihp Il261 IMar's b29 9 yQMaalr yyfl1 be t.ax yQMaalr 2212 gci,n i arriill„II coo nliriill:aUte 100%of its fincirplurnarunl foir the....loirs1 1ar..11'n y2a[i uronci Z�%raj:, 1ll�a saraond 1p1on yQMaa[ „II� i&a�lFAiGipa�l�nJtharl Deka l Marr lwca"1&?.gr iil4be a a Ilarr�wc.parFA� F:n the1�aa..iloncira�orp„prom rai.. � 1c.. TABLE-TIRZ Contributions Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Year(s) City of Corpus Christi $20,000,000 100% 2019 through 2028 75% 2029 through 2038 i; it nllar it 1 P 4.9Maairc1h 1::72020 16 1 y as g e Nueces County None 100% 2019 through 2038 DO Mair 110 .. 1.19 thlroUg� ] 2C. . q'p 8 75% 2029....1.h.ir.o..!E.b.... . . . . The assessed value base year for the City of Corpus Christi and Nueces County is 2019. The projection of incremental property tax revenue contributed to the Zone is as follows: Certified Appraised Values Base value is from 2019 (January 1, 2019) taxable appraised value. Values in future years are based on current development projections. Net Taxable Values from the Certified Roll 2019 (*with estimated development) ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Year 3% Tax Revenue Tax Increment County 100% Fiscal Year Tax Year Values City County Total City County City Scaled FY 20 2019 104,512,349 675,426 325,648 1,001,074 FY 21 2020 1 107,647,719 695,688 335,417 1,031,106 20,263 9,7691 30,032 FY 22 2021 110,877,151 716,559 345,480 1,062,039 41,133 19,832 60,965 FY 23 2022* 188,203,466 1,216,291 586,419 1,802,711 540,866 260,771 801,637 FY 24 2023 193,849,570 1,252,780 604,012 1,856,792 577,354 278,364 855,718 FY 25 2024* 238,165,057 1,539,175 742,094 2,281,269 863,749 416,446 1,280,195 FY 26 2025 253,035,008 1,635,274 788,427 2,423,701 959,848 462,779 1,422,627 FY 27 2026 268,582,809 1,735,754 836,872 2,572,626 1,060,328 511,224 1,571,552 FY 28 2027 284,835,745 1,840,791 887,514 2,728,305 1,165,365 561,866 1,727,231 FY 29 2028 301,822,134 1,950,568 940,442 2,891,009 1,275,142 614,794 1,889,936 FY 30 2029 319,571,353 2,065,275 995,746 3,061,021 1,042,387 670,098 1,712,485 FY 31 2030 338,113,886 2,185,108 1,053,522 3,238,631 1,132,262 727,874 1,860,136 FY 32 2031 357,481,357 2,310,273 1,113,869 3,424,142 1,226,136 788,221 2,014,357 FY 33 2032 377,706,573 2,440,982 1,176,888 3,617,870 1,324,167 851,240 2,175,407 FY 34 2033 398,823,569 2,577,453 1,242,686 3,820,140 1,426,521 917,038 2,343,559 FY 35 2034 420,867,649 2,719,916 1,311,373 4,031,289 1,533,368 985,725 2,519,093 FY 36 2035 443,875,433 2,868,607 1,383,063 4,251,670 1,644,886 1,057,415 2,702,301 FY 37 2036 467,884,902 3,023,772 1,457,873 4,481,645 1,761,259 1,132,225 2,893,485 FY 38 2037 492,935,452 31185,664 1,535,928 4,721,592 1,882,679 1,210,280 3,092,959 FY 39 2038 519,067,939 3,354,5491 1,617,3531 4,971,903 2,009,343 1,291,705 3,301,048 TOTALS 39,989,906 19,280,626 59,270,532 21,487,056 12,767,668 34,254,724 9; "eii nIl ei� 9; "im.111 airc1h 17 2020. . 17 1 P a 91 e TotalTax Year Tax Revenue Tax Increment by Entity Increment City Scaled Fiscal Tax Del Mar County 10W Year Year Values City County Del Mar Total City Scaled County Scaled Del Mar Scaled FY 20 2019 104,512,349 675,426 325,648 294,605 1,295,678 Base Year Base Year FY 21 2020 107,647,719. 695,688 335,417 303,443 1,334,549. 20,263 9,769 8,838 38,870 FY 22 2021 110,877,1511 716,559 345,480 312,546 1,374,585 41,133 19,832 17,941 78,907 FY 23 2022* 188,203,466 1,216,291 586,419 530,517 2,333,2.28 540,866 260,771 235,913 1,037,550 FY 24 2023 193,849,570 1,252,780 604,012 546,433 2,403,2.25 577,354 278,364 251,828 1,107,547 FY 25 2024* 238,165,057 1,539,175 742,094 671,352 2,952,620 863,749 416,446 376,747 1,656,942, FY 26 2025 253,035,008 1,635,274 788,427 713,268 3,136,969 959,848 462,779 418,663 1,841,290 FY 27 2026 268,582,809 1,735,754 836,872 757,095 332%7201 1,060,328 511,224 462,490 2,034,042 FY 28 2027 284,835,745 1 1,840,791 887,514 802,909 3,531,214 1,165,365 561,866 508,305 2,235,536 FY 29 2028 301,822,134 1,950,568 940,442 850,791 3,741,801 1,275,142 614,794 556,187 2,446,122 FY 30 2029 319,571,353 2,065,275 995,746 900,824 3,961,844 1,042,387 670,098 454,664 2,167,149 FY 31 2030 338,113,886 2,185,108 1,053,522 953,092 4,191,723 1,132,262 727,874 493,866 2,354,0021 FY 32 2031 357,481,357 2,310,273 1,113,869 1,007,686 4,431,829 1,226,136 788,221 534,811 2,549,168 FY 33 2032 377,706,573 2,440,982 1,176,888 1,064,698 4,682,5681 1,324,167 851,240 577,570 2,752,978 FY 34 2033 398,823,569 1 2,577,453 1,242,686 1,124,224 4,944,363 1,426,521 917,038 622,214 2,965,773 FY 35 2034 420,867,649 2,719,916 1,311,373 1,186,363 5,217,652 1,533,368 985,725 668,819 3,187,912 FY 36 203 443,875,433 2,868,607 1,383,063 1,251,218 5,502,888 1,644,886 1,057,415, 717,460 3,419,761 FY 37 2036 467,884,902 3,023,772 1,457,873 1,318,897 5,800,542 1,761,259 1,132,225 768,220 3,661,704, FY 38 2037 492,935,452 3,185,664, 1,535,928, 1,389,511 6,111,103 1,882,679 1,210,280 821,180 3,914,139 FY 39 2038 519,067,939 3,354,5491 1,617,3531 1,463,1751 6,435,0771 522,286 1,291,705 876,428 2,690,419 According tothese projections, 4.7&3% ofthe tax increment revenues will come from the City ofCorpus | Christi�e+e3Q97%vvi|| come from NuecesCoun Revenue estimates will bemonitored andadjusted annually. | The ZU19tax rate applicable tothe reinvestment zone is$9,9579521,2397 (or approximately ) per$1UUofassessed valuation, broken down asfollows: City of Corpus Christi 0.00 646264 Nueces County 0.00 311588 | Total 0.957952012397 Applying the ZU19tax rate of er$1UUassessed valuation tothe ZU19total certified roll | taxable value of properties within the zone, property taxes of $ are generated. This amount produced from the tax increment base (or the "frozen base") will continue to be allocated and | | paid to the taxing entities levying taxes in the zone area, based on their respective tax rates. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources ofrevenue asavailable. These could include but are not limited to: , Grants from other local, state, and federal agencies; , Grants from private entities such as foundations; and , Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. | | 18 1 Page Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District,the 2019 certified roll total assessed value for the Zone for the City of Corpus Christi as of July 26, 2019 is$198,076,260. Due to differences in policies regarding exemptions and tax abatements, the net taxable values differ among the tw&t1hiree jurisdictions. According to the Nueces County Appraisal District, the 2019 certified roll net taxable value for the Zone as of July 26, 2019 is $104,861,392 for the City of Corpus Christi,,, a F $102,791,043 for Nueces Count unci "`1.1111 X111 X611 I'm a;.1O Mair lwcalH g:, Estimated Captured Appraised Value §311.011(c)(8) The table above provides the projected schedule of taxable value increment captured by the Zone over its proposed 20-year duration. There is a column shown for each entity. Captured value projections assume a 3.0%annual value appreciation rate for existing development. In year 2022, the development currently underway on North Beach, LaVista Pointe Apartments, will be complete with an estimated future property value increase of $24 million. Additionally, there are other developments planned throughout the zone with a combined projected increase in value of$105 million. Based on calculations in the TIRZ#4 Feasibility Analysis, beginning in 2024 and continuing throughout the remaining life of the Zone,22 apartment units valued at$150,000 each and 12 condominium or townhome units valued at$300,000 each, are projected to be added to the tax rolls each year. The per unit amounts are adjusted for inflation at 3% per year. The tax increment is the amount of property taxes produced yearly during the term of the reinvestment zone on the captured appraised value.This value is the appraised value of taxable real property within the reinvestment zone which exceeds the tax increment base.The table above shows estimated TIRZ revenues over the 20 life of the zone to be as follows: City of Corpus Christi: $217497; 4~6209000100 Nueces County: $12,767,668 Total $94;254;72442 Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2019, the Zone would expire after 2038. City Council may, by ordinance, extend the length of the TIRZ to allow additional time to expend funds. Appendices Appendix A — Economic Feasibility Study §311.011(c)(3) geirnIbeit 9; 4.9Maitc1h 1 20. 19 P a g e Feasibility Analysis Tax Increment Reinvestment Zone # 4 North Beach Area City of Corpus Christi, Texas August 2019 Jim Johnson, PhD Landmark Renewal 2 1 P a g e A e in d l� x A - E c c) in c) 'n li c IFS a s �i �lD t y A in a l� y s li s I. Introduction The North Beach area of Corpus Christi,Texas, already a leading tourist destination with 800,000 visitors annually, is primed for accelerated redevelopment upon completion of the new Harbor Bridge and demolition of the old bridge. A number of planning processes have focused on the area, producing a wealth of reports including: • North Beach Development Plan (November 2011) - NBDP • Zimmerman Volk Associates: Residential Market Potential (October 2014) -ZVA • North Beach Redevelopment Area Specific Plan (February 2018) - NBRA • Downtown Area Development Plan, Corpus Christi (March 2018) - DADP In addition, the Market and Economic Feasibility Study Update for TIRZ#2 (July 2019), contains a detailed residential, retail and hotel development analysis of the Corpus Christi metropolitan statistical area (MSA) applicable in part to North Beach. The feasibility of a tax increment reinvestment zone (TIRZ) depends on whether tax increment stimulated by TIRZ improvements will cover the costs of those improvements, leaving local tax jurisdictions better off at termination of the TIRZ than they would be without a TIRZ. While some new development would occur regardless, establishing the zone provides a revenue source for public improvements that can spur additional and more intensive development than would otherwise occur. The year in which a TIRZ is established becomes its base year, with each succeeding year's incremental tax revenues pledged to a fund controlled by the zone's board of directors. Local taxing jurisdictions may contribute up to 100%of their tax increment. TIRZ revenues depend on: • Overall changes in property valuations; • Timing and value of new development; and • Loss of value from demolition of existing improvements. Once the zone has sufficient revenue, infrastructure improvements should coincide with and enable associated private investment(DADP, p. 26). This analysis assumes that TIRZ spending will be based on articulated stakeholder and planning priorities, such as the February 2018 North Beach Redevelopment Initiative Near-Term Projects and Mid-and Long-Term Projects lists. 31yag„ e A Ilx) lx)` ind' lx Eccb) incbu'nuc IFS aixlility A inalyslis II.TIRZ Revenue Projection City of Corpus Christi is expected to participate at 100%for the first ten years and at 75%for the last ten years. Nueces County is expected to participate with 100% of tax increment for the full length of the TI RZ. Base year taxable values vary slightly between jurisdictions, primarily due to differing property tax exemptions offered. Exemptions on owner-occupied residential property include homestead and the over-65 tax freeze. For purposes of these projections, we assume the effect of these exemptions will be small since most existing and new development will be commercial, including multifamily, that is ineligible for these residential exemptions.The aggregate value of single family residential property tax exemptions changes slowly over time. We assume no effect from commercial property tax abatements that could be offered by participating jurisdictions. The following projections of TIRZ revenue are based on the following assumptions: • 3%annual growth in taxable property valuations • Completion of a $24 million apartment complex, LaVista Pointe, in 2022 • New residential development in North Beach equivalent to 22 new apartment units and 12 new condominium or townhome units per year beginning in 2024 Prudence requires a conservative bias in revenue assumptions so that TIRZ spending can be reasonably planned. There is no assumption of added taxable value from retail/commercial or hotel/hospitality/tourism-related new development, despite a reasonable possibility of such investments. According to ZVA(p. 42),the residential "market is constrained in North Beach due to the additional cost of development incurred by flooding issues." In the five years since the ZVA report, no multifamily residential development has been completed.The TIRZ revenue forecast assumes that a flooding mitigation solution, such as the proposed canal (NBRI Alternative 2), is devised and implemented by the City of Corpus Christi within the next five years. While drainage improvements are unlikely to erase the additional costs of development in North Beach, it should substantially ease that market constraint, making the ZVA residential projections for North Beach realizable in the future. LaVista Pointe, a 150-unit apartment complex, is planned for completion around 2022. ZVA projects North Beach annual residential absorption over a 10-year period of 44-53 apartment units and 26-31 condominium and townhome units. Taking a middle point of those projections, or 48 apartment units 41yag„ e A Ilx) lx)` ind' lx Eccb) incbu'nuc IFS aixlility A inalyslis and 28 condo/townhome units, times 10 years, and subtracting the 150 completed apartment units, results in a projection of 330 additional apartment units and 280 new condo/townhome units after 2024. This analysis assumes that tax revenue from these units is, conservatively, spread over a 15-year period beginning in 2024, after LaVista Pointe has likely reached stabilized occupancy. Apartments are estimated at$150,000 per unit and condos and townhomes at$350,000 at the beginning of the 15-year period, with 3% inflation for new construction in each succeeding year. The 2024 per unit values discounted back to 2019 values at 3% per year equal about$129,000 per apartment unit and $300,000 per condo/townhome unit. While the TIRZ revenue forecast involves no additional retail or hotel development,TIRZ infrastructure should make high intensity tourism-oriented development appealing to the private sector. In particular, TIRZ infrastructure, a canal or other drainage solution, and right of way opened up by demolition of old the Harbor Bridge ramps, together should enable the transformative potential of high-density mixed-use development and structured parking near existing tourist attractions and associated parking needs (DADP, p. 87). "Opportunities here could include hotels, other tourism-related uses, and surface parking serving the beach and other visitor destinations." (DADP, p. 85) III.TIRZ Projects, Costs and Timing The proposed TIRZ project list is derived from the planning documents listed above and stakeholder input. Project costs are estimates derived from similar types of projects, and therefore should not be construed as definitive costs for the listed projects. The TIRZ Project Plan should contain cost estimates in categories of spending rather than for specific projects, which over the 20-year life of the zone may change conceptually and in terms of scope and extent. Among recommendations of the DADP are the following: • Restore street connections where old Harbor Bridge is removed, and provide "convenient, attractive access at Beach Ave. connecting to Surfside and Timon Blvd." (p. 32) • Build a "new multi-use path extending along Beach Ave. to the Beachwalk, and along Timon and Surfside Blvd.to the Texas State Aquarium ferry dock." (p. 36) • "Complete North Beach birding park and Timon/Surfside path within 5 years." (p. 36) • "Create a welcoming Beach Ave. gateway at the new point of entry to North Beach off the Harbor Bridge." (p. 86) 51yag„ e A Ilx) lx)` ind' lx Lccburvncbu'nuc IFS ai 3 t A inalyslis • "A new 'North Beach Blvd.' should also be created through the redesign of existing Timon and Surfside Blvd. with street upgrades, a new wide multi-purpose path for pedestrians and bicyclists...and planting the center median with a rich palette of native, coastal plant species." (p. 86) The North Beach TIRZ should include the following project categories: Roads and wayfinding • Beach Ave. roadway/pedestrian improvements and area beautification • Construction of Traffic Circle at the intersection of Beach Ave. with Surfside Blvd. and Timon Blvd. including gateway feature with wayfinding Parks • Dolphin Park improvements • Surfside Park improvements • Kiwanis Park and Community Center improvements Other infrastructure Demolition of blighted structures Structured parking 61yag„ e AIlxllxeind' lx Eccb) incbu'nuc IFeas�� ilxlD t A inalyslis Cumulative revenue is projected as follows: Year Revenue Year Revenue Fiscal Year Tax Year ` Annual cunnullative � FiscalYear Tax Year ! Aui" i'it�aI Cuiunulllatiiive FY 20 2019 FY 20 2019 FY 21 2020 38,870 38,870 FY 21 2020 3i1,111122 30,032 FY 22 2021 78,907 117,777 FY 22 2021 w'Y1i1,i 9(),998 FY 23 20221,037,550 . FY 23 2022 801,,637 892,635 FY 24 2023 1,107,547 2.,2.62.,873 FY 24 2023 855,,71.,8 1.,748,353 FY 25 2024 1,656,942 3,919,816 FY 25 2024 `i.,,,280,111.'35 3,028,548 FY 26 2025 1,841,290 5,761.,1.06 FY 26 2025 1,,,422„X11'7 4,451.,1.75 FY 27 2026 2,034,042 7,795,148 FY 27 2026 `1.,,,'57'1.,,,'542 6,022,728 FY 28 2027 2,23°.,536 10,030,684 FY 28 2027 1,11727,11231, 7,749,959 FY 29 2028 2,446,122 1.2,476,806 FY 29 2028 1,,,88!1I11,,936 9,639,895 FY 30 2029 2,167,149 74,943,955 FY 30 2029 `1.,,,7':l.2,µ 1115 1.1.,352,379 FY 31 2030 2k354,002 79 ,997,958 FY 31 2030 1.,1111111,1„11.36 1.3,212,51.6 FY 32 2031 2,549,1.68 19,547726 FY 32 2031 aµ1' 357 1.5226872 FY 33 2032 2k752,978 22,3011,103 FY 33 2032 aµ`1.75„ ' ,17 1.741122811 FY 34 2033 2,965,773 25,265,877 FY 34 2033 211343,1159''D 19745839 FY 35 203491.2: 2..8 453 7813 31.87, FY 35 2034 2115:1.9 1;9:'':1 22,264,932 FY 36 2035 3µ41.9µ761. 31,873,549 FY 36 2035 2,,,701,,,3111.1. 24µ967µ232 FY 37 2036 3µ661.µ704 311µ5311µ253 FY 37 2036 2„111`��'�lo;,'',1,,,�11!�185 27µ861'1µ71.7 FY 38 2037 3µ914µ139 39µ/A9µ392. FY 38 2037 3„1',191„'35'!:l,V 311µ953µ676 FY 39 2038 2µ690µ41.9 42µ139µ811 FY 39 2038 32212411 14 2.54 724Total TIRZ spending could begin as early as 2022 on modest improvements, but assuming a pay-as-you-go structure, major infrastructure spending would have to wait at least until approximately$3,994 million had been accumulated in 2024. A parking structure would have to wait until near the end of the TIRZ lifetime, unless a private developer could be induced to build a garage in a public-private partnership earlier than that. With the opportunity of vacated ROW from the demolished Harbor Bridge ramps, such a partnership is feasible, perhaps in conjunction with an on-street meter parking policy as envisioned by the DADP (p. 28). 713age A indlix A 1ccbrncbmuc IFS ai 3li t Ainalyslis d AGENDA MEMORANDUM /MCURPORQ110 First Reading Ordinance for the City Council Meeting March 17, 2020 1852 Second Reading Ordinance for the City Council Meeting March 24, 2020 DATE: March 5, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Environmental Services Danielmccctexas.com (361) 826-7011 Disannexation of Occidental Chemical Corporation CAPTION: Ordinance disannexing approximately 869.2 acres, located north of Corpus Christi Bay and west of the City of Ingleside's extraterritorial jurisdiction, from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. SUMMARY: This item provides for the disannexation of Occidental Chemical Corporation in San Patricio County from the boundaries of the City of Corpus Christi in exchange for an Industrial District Agreement under the City's standard terms. BACKGROUND AND FINDINGS: The City of Corpus Christi annexed approximately 3,047.80 acres of land along the north side of Corpus Christi Bay in San Patricio County on May 21, 2019. Approximately 662.51 acres were previously disannexed on July 23, 2019 in exchange for economic development agreements with the landowners. Today, the City proposes disannexation of approximately 869.20 acres, which leaves the remaining annexed territory at 1,516.09 acres of land. The area being disannexed includes land owned by Occidental Chemical Corporation and affiliated entities ("Oxy"). City staff has negotiated an industrial district agreement with Oxy. A related item on the agenda provides for the expansion of the boundaries of Industrial District No. 8 and approval of the industrial district agreement with Oxy. The boundaries of the disannexation do not include a corridor, approximately 1,100 feet wide, which connects the previous boundary of the City of Corpus Christi (the shoreline) to other property that remains in the City limits following this disannexation. Staff recommends disannexation of the approximately 869.20 acres owned and controlled by Oxy in exchange for an industrial district agreement with Oxy. The proposed disannexation is a means by which the City can continue to support regional economic development and Oxy's presence in the Coastal Bend Analysis of the Request: The proposed disannexation is consistent with City policy and the Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial areas of the city and ETY. ALTERNATIVES: In lieu of the proposed disannexation, staff considered further negotiating the industrial district agreement with Oxy. Staff chose not to pursue this option as other industrial partners in the area are subject to the same payment in lieu of taxation terms proposed in the Oxy agreement, which were originally proposed to the industrial partners at the time of the annexation. FISCAL IMPACT: The agreement requires rebate of any ad valorem taxes paid for tax year 2020 that exceed the contractual payment in lieu of taxes amount. This would require reimbursement of 37.5% of the ad valorem paid on improvements and 100% of the ad valorem paid on personal property. For future years, payment in lieu of taxes will be collected in the amount of 100% on land and 62.5% on improvements. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance disannexing approximately 869.2 acres, located north of Corpus Christi Bay and west of the City of Ingleside's extraterritorial jurisdiction, from the City of Corpus Christi, Texas; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. WHEREAS, the City Council finds the areas described in Exhibits A & B are not necessary or suitable for city purposes and that the best interest of the general public of the City of Corpus Christi to disannex the areas described in Exhibits A & B; WHEREAS, the City of Corpus Christi has a pending Industrial District Agreement with Oxy, Occidental Petroleum Corporation; WHEREAS, this disannexation is pursuant to Texas Local Government Code §43.142 and the City Charter of the City of Corpus Christi, Texas; and WHEREAS, disannexation of the area described in Exhibits A & B, amendment to previous annexation ordinances, and amendment and adoption of the official map and boundaries of the City and its extraterritorial jurisdiction are consistent with the procedural rules prescribed by Texas Local Government Code Chapter 43. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. The following described tracts of land being approximately 869.2 acres are hereby disannexed and discontinued as a part of the City of Corpus Christi so that the same will no longer be a part of the City of Corpus Christi for any purpose whatsoever, said tracts of land being more particularly described by metes and bounds and maps in Exhibits A & B save and except property previously disannexed as shown in exhibit C & D, attached to and incorporated as part of this ordinance. SECTION 3. The boundaries of the City of Corpus Christi, Texas are amended to exclude only that property comprising an approximately 869.2 acres described in Exhibits A & B save and except property previously disannexed as shown in exhibit C & D. SECTION 4. The official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended as described in this ordinance. SECTION 5. The City Manager or designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction. SECTION 6. The City of Corpus Christi, Texas, hereby relinquishes any and all right, jurisdiction or control over the above described disannexed area but retains its extraterritorial jurisdiction. SECTION 7. The above described territory hereby disannexed shall no longer be part of the City of Corpus Christi, Texas, and the property so removed hereby shall no longer bear its pro rata part of the taxes levied by the City of Corpus Christi, Texas. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of 1 competent jurisdiction, that shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose unless said holding has the effect of diminishing the revenue payable to the City under any agreement entered into under this ordinance. SECTION 9. The City Secretary is hereby directed to file with the County Clerk of San Patricio, Texas, a certified copy of this ordinance. SECTION 10. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 11. This ordinance shall be effective immediately upon passage. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 3 EXHIBIT"A" LEGAL DESCRIPTION BEING A 985.88 ACRE TRACT SAN PATRICIO COUNTY,TEXAS A 985.88 acre-tract,situated and out of the T.T. Williamson Survey,Abstract 143, the T.T. Williamson Survey Abstract 290, the T.T. Williamson Survey,Abstract 292, the T.T. Williamson Survey,Abstract 293, the Nicholas Fagan Survey, and the Heirs of Rosa Teal Survey,Abstract 262,San Patricia County, Texas and being out of(1)a 389.60 acre-tract, as recorded in the Real Property File No. 459564, Deed Records, San Patricia County, Texas, (2)a 592.751 acre-tract, as recorded in the Real Property File No. 364008, Deed Records,San Patricia County, Texas, (3)an 81.149 acre tract, as recorded in the Real Property File No. 459563, Deed Records,San Patricia County, Texas, (4)a 25.7487 acre-tract, as recorded in Document No. 636350, Official Public Records,San Patricia County, Texas, (5)a 310.70 acre-tract, "Tract 1". as recorded in Document No. 605165, Official Public Records, San Patricia County, Texas, (6)a 24.797 acre-tract, as recorded in Document No. 457204, Official Public Records,San Patricia County, Texas and(7)a 4.022 acre-tract, "Tract 4". as recorded in Document No. 644302, Official Public Records,San Patricia County, Texas. Said 985.88 acre-tract being more particularly described as follows: Bearings and Coordinates are based on the NAD 1983 StatePlane Texas South FIPS 4205 (US Feet) standard coordinate system. BEGINNING at the Northwest corner of the aforementioned 389.60 acre-tract, the coordinates of which POINT OF BEGINNING referred to the NAD 1983 StatePlane Texas South (US Feet) Coordinate System, are X= 1393322.646, Y= 17220366.737, and the Northwest corner of the herein described tract; (L1)THENCE S 01°33'22" E, with the East boundary of the 389.60 acre-tract to a point on the City of Corpus Christi City Limits and the City of Ingleside City Limits, a distance of 4,418.300 feet for interior corner of the herein described tract; (1-2)THENCE S 33°56'48" W, with the City Limits a distance of 592.830 feet to a point on the Southern boundary of the 389.60 acre-tract and on the Northern boundary of the Southern Railroad ROW, for an interior corner of the herein described tract; (1-3)THENCE N 60°02'14"W, with the Northern boundary of the Southern Railroad ROW, and the Southern boundary of the 389.60 acre-tract a distance of 854.350 feet, for an interior corner of the herein described tract; (1-4)THENCE S 15°26'43" W, a distance of 289.440 feet across both the Southern Railroad ROW and the State Highway 361 ROW to a 1-inch iron rod on the South ROW of State Highway 361, same being the Northeast corner of said 592.751 acre-tract, and being an interior corner of the herein described tract; (1-5)THENCE S 01°24'23" E,with the East boundary of the 592.751 acre-tract to a point on the shared City Limits of Corpus Christi and Ingleside, a distance of 1,314.250 feet, and being an interior corner of the herein described tract; (L6)THENCE S 28°12'28" W along the shared City Limits of Corpus Christi and Ingleside for a distance of 1,586.720 feet,to a point being an interior corner of the herein described tract, same being the shared City Limits of Corpus Christi and Ingleside (C1) being the beginning of a non-tangent curve to the Left having a Radius of 5,337.509 feet and a Chord Bearing and Distance of S 25°10'12" W, 1,523.104 feet; same being the shared City Limits of Corpus Christi and Ingleside, for an interior corner of the herein described tract; (C2)THENCE in a Westerly direction with curve to the Left, having a Radius of 5,283.343 feet and a Chord Bearing and Distance of S 04°13'34" W, 2,318.523 feet, same being the shared City Limits of Corpus Christi and Ingleside, for an interior corner of the herein described tract; (0)THENCE in a Westerly direction with a curve to the Left having a Radius of 7,828.03 feet and a Chord Bearing and Distance of S 27°34'56"W, 2,197.166 feet, same being the shared City Limits of Corpus Christi and Ingleside, for the Southeast corner of the herein described tract; THENCE in a Northwesterly direction along the observed Mean High-Tide Line of the herein described tract as described by Urban Engineering on May 20, 2019 in Ordinance No. 031777, the following bearings and distances: (L7) N 26°12'57" W a distance of 367.120 feet; (L8) N 14°53'11" W a distance of 177.390 feet; (C4) in a Northwesterly direction with a curve to the Right having a Radius of 130.62 feet and a Chord Bearing and Distance of N 40°47'08" W, 146.17 feet; (L9) N 39°09'22" W a distance of 1,134.840 feet; (1-10) N 44°49'06"W a distance of 570.200 feet; (C5) in a Northwesterly direction with a curve to the Right having a Radius of 295.33 feet and a Chord Bearing and Distance of N 62°18'27" W, 485.39 feet; (L11) N 57°05'41"W a distance of 175.770 feet; (L12) N 65°59'46"W a distance of 608.150 feet; (L13) S 90°00'00" W a distance of 104.170 feet; (1_14) N 65°39'32" W a distance of 55.396 feet, for the Southwestern corner of the herein described tract; (L15)THENCE N 00°19'15"W running parallel to and 1,100 feet West of the Western boundary of the 310.70 acre-tract a distance of 3,757.779 feet,for an interior corner of the herein described tract; (L16)THENCE N 89°43'59" E running parallel to and 1,100 feet South of the Northern Boundary of the 310.70 acre-tract a distance of 1,423.264 feet, past a point on the East Boundary of the 310.70 acre- tract, same point being on the Western Boundary of the 25.7487 acre-tract, a total distance of 1,470.150 feet, for an interior corner of the herein described tract; (L17)THENCE N 44°42'45" E running parallel to and 1,100 feet Southeast of the Northern boundary of the 310.70 acre-tract, a distance of 227.899 feet past a point on the East Boundary of the 25.7487 acre- tract, same point being on the West boundary of the 81.149 acre-tract, a total distance of 1,412.167 feet, for an interior corner of the herein described tract; (L18)THENCE N 00°30'03" W running parallel to and 1,100 feet West of the West boundary of the 25.7487 acre-tract a distance of 1,043.221 feet to point on the North boundary of the 81.149 acre-tract, same point being on the Eastern boundary of the 25.7487 acre-tract, a total distance of 1,109.362 feet, to a point along the Southern boundary of the 29.78 acre-tract, same point being on the northern boundary of the 25.7487 acre-tract, for an interior corner of the herein described tract; (L19)THENCE N 89°39'54" E with the Southern boundary of the 29.78 acre-tract, same boundary also the Northern boundary of the 25.7487 acre-tract a distance of 247.581 feet to the Southeast corner of said 29.78 acre-tract, same point being the Northeast corner of the 25.7487 acre-tract, same point being on the West boundary of the 4.022 acre-tract, for an interior corner of the herein described tract; (L20)THENCE N 00°00'00" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 258.933 feet, for an interior corner of the herein described tract; (L21)THENCE N 89°58'41" W with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 29.374 feet, for an interior corner of the herein described tract; (L22)THENCE N 00°01'19" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 130.00 feet,for an interior corner of the herein described tract; (L23)THENCE S 89°58'41" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 47.00 feet, for an interior corner of the herein described tract; (L24)THENCE N 00°04'06" W with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 969.632 feet, for an interior corner of the herein described tract; (L25)THENCE N 60°01'22"W with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 151.030 feet, for an interior corner of the herein described tract; (L26)THENCE N 00°00'00" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 104.986 feet to the Northeast corner of the 29.78 acre- tract, same point being the Northwest corner of the 4.022 acre-tract, same point being on the Southern boundary of the State Highway 361 ROW,for an interior corner of the herein described tract; (L27)THENCE N 06°19'35" E across the ROW of both State Highway 361 and Southern Railroad a distance of 305.244 feet to a 1-inch rod in concrete for the most Easterly Southwest corner of the 389.28 acre-tract, same point being the Southeastern corner of that certain 15.49 acre-tract of land conveyed to AEP Texas Central Co. described in Document No. 252362 of the Official Public Records of Real Property of San Patricio County,Texas, for an interior corner of the herein described tract; (L28)THENCE, N 00°00'00" E with the East boundary line of said 15.49 acre-tract, same line being the West boundary of the 389.28 acre-tract a distance of 932.290 feet, to a 1-inch rod in concrete at the Northeast corner of the 15.49 acre-tract, same point being an interior corner of the 389.28 acre-tract, for an interior corner of the herein described tract; (L29)THENCE S 89°09'47"W with the North boundary line of said 15.49 acre-tract, same line being the West boundary of the 389.28 acre-tract, a distance of 134.591 feet for an interior corner of this tract; (L30)THENCE, N 00°18'29" W running parallel to and 1,100 feet West of the boundary of that 389.28 acre-tract, same line being the East boundary line of that certain 94.48 acre-tract of land, conveyed to the San Patricio Water District and being described in Document No. 468583 of the Deed Records of San Patricio County,Texas, for a distance of 1,808.547 feet to a point on the Northern boundary of said 389.60 acre-tract, and the Northwest corner of the herein described tract; (L31)THENCE N 87°29'10" E with the North boundary of the 389.60 acre-tract of land a distance of 3,839.327 feet,to the POINT OF BEGINNING and containing 985.88 acres of land. NOTE:ALL BEARINGS ARE GRID BEARINGS BASED ON THE NAD 1983 STATEPLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH (TEXAS SOUTH FIPS 4205) IN US FEET. EXHIBIT"B"TO ACCOMPANY THIS DESCRIPTION. POINT OF BEGINNING X:1393322.646 Y:17220366.737 CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 16-2412111 5,337.5091 1,528.32' S 25'10'12"W 1,523.104' C2 25'20'59" 5,283.343' 2,227.542' S 04'13'34"W 2,318.523' OF POINT I C3 16-0810611 7,828.031 2,204.44' S 27'34'56"W 2,197.166 i BEGINNING C4 68'02'45" 130.62' 155.127' N 40'47'08"W 146.170' C5 110'31'33" 295.33' 569.703' N 62'18'27"W 485. L31 LINE BEARING DISTANCE SAN RAI R'ICIO Ll S 01-3312211 E 4,418.300 WAI I AER'DIS�S 94 48C1:,',F L2 S 33'56'48"W 592,830 CF468583 L3 N 60'02'14"W 854.350 L30 C L4 S 15'26'43"W 289.440 L5 S 01-2412311 E 1,314.250 L6 S 28-12-28"W 1,586.720 L7 N 26'12'57"W 367.120 L8 AEP I X CF. q I-I Ll N 14'53'11"W 177.390 -�!:I �s 129 549M I L9 N 39-0912211 W 1,134.840 CF252362 30 L10 N 4 '49'06"W 570.200 L11 N 574'05'41"W 175.770 SAN PATI 127 L12 N 65'59'46"W 608.150 VVAI ER DIS] 20.00 ACRES, 126 L13 S 90,00,001,w 104.170 125 L14 N 65'39'32"W 55.396 L15 N 00-1911511 W 3,757.779 AN PA I RICIO aunt "IDIS11 123 L16 N 89-43-59"E 1,470.150 8 T1 ACRES L17 N 44-4214511 E 1,412.167 122 L18 N 00-30-03"W 1,109.362 MAOIUDSALCOA 38 ACRE 1 04 S LZ ' L19 N 89'39'54"E 247.581 (-J 502 131 L4 L20 N 0000"E 258.93329.374 SAN FIN RICIO L18 LA),r1111 L21 N 89'58'41"W ' -5 WAI ER DISI L22 N 00'01'19"E 130.000 5 54 1 A(-�R L23 S 89'58'41"E 47.000 L24 N 00'04'06"W 969.632 OCCIDENTAL OCCIDEN IN- L25 N 60'01'22"W 151.030 CI EMICAL CORP-------- CI IFIMICAL CMRP 25 7487AC4iES / .1,���� 165 358ACRES L26 N 00'00'00"E 104.986 L27 N 06'19'35"E 305.244 L28 N 00'00'00"E 932,290 E S L29 S87°09'47"W 134.591 L30 N 00-18-29"W 1,808.547 L31 N 87-2911011 E 3,839.327 Coordinate System:NAD 1983 State- Plane South Te'xas FIPS 4205 Feet ci L15 ft I 110 1*1444 *K V140 OC(.!DEN iAL JOIN f I 00 'not", CI I FOCAL CORP 310��0 A C 1:E..._ F Cl:605165 OC(IDEM IAL I ECIR0CHEMICALS COPIP 54 483ACRES CIF3614008 L14 L13 L11 c 0 1,000 2,000 4,000 Feet L9 C3 C4 OCCI DEN TAL L8 FLECI R'(.)C[ EIMICALS CORIP \L7592 T51 ACRES EXHIBIT "B" OF A 985.88 ACRE TRACT WITHIN \ CF364008 THE CITY OF CORPUS CHRISTI, TEXAS CITY LIMITS. Dat Created: 03/05/2020 Author:A. Oltmans EXHIBIT C METES AND BOUNDS DESCRIPTION OF A 116.68 ACRE TRACT Being a 116.68-acre portion of the 142.62-acre tract described in Clerk's File No. 644302. Said 142.62-acre tract being out of and a part of that certain E.I. Du Pont de Nemours and Company called 651.63-acre tract of land, more fully described and recorded in Volume 426, Page 32 of the Deed and Records of San Patricio County,Texas and that certain called 686.22-acre tract of land, more fully described and recorded in Clerk's File No. 211990 of the Official Public Records of San Patricio County. Said 142.62-acre tract of land being situated in the T.T. Williamson Survey,Abstract No. 292 and the T.T. Williamson Survey,Abstract No. 293 in San Patricio County,Texas and being more particularly described as follows: COMMENCING at a 1-inch iron rod found in concrete at the intersection of the Southwest line of State Highway No. 361 and the East line of said 686.22-acre tract,THENCE South 01-24-58 East along and with the East line of Said 686.22-acre tract, a distance of 5,042.16 feet to a point; THENCE South 89-59-03 West a distance of 1,433.19 feet to a 1-inch iron rod found in concrete at an Ell Corner of that certain Occidential Electrochemicals Corp. Called 592.751-acre tract of land save and except 54.483 acres, more fully described and recorded in Clerk's File No. 364008 of said Official Public Records, same being the most Eastern Northeast corner THENCE South 89-59-03 West a distance of 268.553 feet to an point on the City of Ingleside Extraterritorial Jurisdiction (ETJ)and POINT OF BEGINNING of the herein described tract, having coordinates of N: 17,210,472.152 E: 1,390,723.639; THENCE with a circular curve to the Left, having a Delta of 13-40-20, a Radius of 5,332.557 feet, a Chord Length of 1,269.477 feet, and a Chord Bearing of South 01-32-58 East,following the City of Corpus Christi City Limits, and with the said ETJ line,for an angle corner of this tract; THENCE with a circular curve to the Left, having a Delta of 10-26-10, a Radius of 7,890.264 feet, a Chord Length of 1,435.170, and a Chord Bearing of South 30-23-24 West following the City of Corpus Christi City Limits, and with the said ETJ line,for an angle corner of this tract,- THENCE ract;THENCE South 89-59-22 West, a distance of 251.774 feet departing said ETJ line to a set"X" in concrete for the Southern Southwest corner of this tract; THENCE North 00-00-02 East, a distance of 712.15 feet to a 1-inch iron rod set in concrete being an Ell corner of this tract; THENCE North 89-59-58 West,a distance of 402.10 feet to a corner of this tract; THENCE South 00-00-02 West, a distance of 122.59 feet to a corner of this tract; THENCE North 89-58-33 West, a distance of 66.80 feet to a corner of this tract; THENCE South 00-16-29 East, a distance of 20.40 feet to a corner of this tract; THENCE South 89-27-22 West, a distance of 88.81 feet to a corner of this tract; THENCE North 00-54-54 East, a distance of 6.02 feet to a corner of this tract; THENCE North 89-53-04 West, a distance of 30.88 feet to a corner of this tract; 1 THENCE North 00-13-47 East, a distance of 15.14 feet to a corner of this tract; THENCE South 89-48-03 West,a distance of 67.11 feet to a corner of this tract,- THENCE ract;THENCE North 46-21-31 West,a distance of 532.53 feet to a corner of this tract; THENCE North 89-53-44 West, a distance of 58.82 feet to a corner of this tract; THENCE North 44-48-39 West, a distance of 280.02 feet to a corner of this tract; THENCE South 74-27-47 West, a distance of 24.39 feet to a corner of this tract; THENCE North 00-07-43 East, a distance of 579.20 feet to a corner of this tract; THENCE North 00-18-29 West, a distance of 1,378.00 feet to a corner of this tract; THENCE North 89-59-36 East, a distance of 150.87 feet to a corner of this tract; THENCE North 00-00-53 West, a distance of 59.73 feet to a corner of this tract; THENCE North 89-59-07 East, a distance of 462.94 feet to a corner of this tract,- THENCE ract;THENCE South 00-03-13 East, a distance of 21.08 feet to a corner of this tract; THENCE North 89-59-07 East, a distance of 758.06 feet to a corner of this tract,- THENCE ract;THENCE South 00-00-56 East, a distance of 638.46 feet to a corner of this tract; THENCE North 89-59-03 East, a distance of 898.02 feet to the POINT OF BEGINNING and containing 116.68 acres of land, more or less. 2 EXHIBIT D 375 750 500 OCCIDENTAL ELECTROCHEMICAL CORP 538.268 ACRE TRACT CLERK'S FILE NO 364008 L20 L22 L 14� Lis Lai POINT OF BEGINNING L24 L17 DUPONT DE OCCIDENTAL NEMftOUR'S&CO. CHEMICAL CORP 142.62 ACRE TRACT 310 70 ACRES CLERKS FILE NO,644302 CLERK'S FILE NO 605165 416 'A RE1T,,fVCT PORTION c r OU,PONT T"DE"NEMOURS CO'. I.16 —novo 1.1,11~ _ ...... L14 NrFUCI1,„a 144,�NNU(h� [1 N1 J3�d1`Ad k"vY 7Xil. �� 1r rvm rna,nws7 rs t,t i.3 u4 ,nl rna crzw •s1+ 112 p»,ti"Y F M16 tPW ib4{.i Nf +to-G Gv +XY.kr!$6 ItYx ..._..._ kl !MJ lI S]W NINA .___.�',_.,_,....... ...-.� WJ r rra w;ws F rt 1u L4 /C2 1 1 R P NAW "0.r IQ �L7 lAkr nu 1a3 1-ma r;. 14 L 5 III en.oar N!1w ++a zr. LID l.8 L6 413 NCiP1�;:k�A6 t2 "iH.[Rl .14 N4G-414-C7w I.Yby I t (I 1n r-alw ,Y'. ire+rc rrxtrra'a w. ,r~J.z \W"Aftlis p, CM , Pv(rd.I:': kl)k !14 reru.lnq,w v N L (`1.L"Y'I loll l's 1.21 NLN✓&^.i%ra',Yt l: Pl+1,,l 11a 10 IV 1,1 �A),13 OCCOE.N'TAL LY9 P Tb:'1-11,11 J-iN,[lY ELECTROCHEMICAL "'AlL x311 i CORP aisrrr;[o tr -_...r r+krrrav ..e1 1, rr 11rF1rwr,� 1 536268 ACRETRACT 1 N1 _1 s rr Al r a,n ru fa Ali CLERK'S RLE NO.3644108 cs m�.zry xa+I�rn ix, A3 arr nw AN EXHIBIT OF A 116.68 ACRE TRACT WITHIN THE CITY OF CORPUS CHRISTI,TEXAS CITY"LIMITS d AGENDA MEMORANDUM /MCURPORQ110 First Reading Ordinance for the City Council Meeting March 17, 2020 1852 Second Reading Ordinance for the City Council Meeting March 24, 2020 DATE: March 5, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Environmental Services Danielmccctexas.com (361) 826-7011 Expansion of Industrial District No. 8 CAPTION: Ordinance amending Ordinance No. 031817 by adjusting the boundary of the City's Industrial District No. 8 to include disannexed tracts; and approving Industrial District Agreement No. 103 with Occidental Chemical Corporation, Ingleside Cogeneration Limited Partnership, Ingleside Ethylene, LLC, and OXYMAR. SUMMARY: This item provides for the expansion of Industrial District No. 8 in San Patricio County to include disannexed tracts owned by Occidental Chemical Corporation and affiliated entities. BACKGROUND AND FINDINGS: On July 23, 2019, the City of Corpus Christi created Industrial District No. 8 in San Patricio County to include the disannexed tracts owned by Chemours Company FC, LLC ("Chemours"). At the time of that disannexation, staff was in the process of negotiating an industrial district agreement with Occidental Chemical Corporation and affiliated entities ("Oxy"), but that agreement was not finalized. Oxy's property is adjacent to Industrial District No. 8 and Chemours. A related item on the agenda proposes the disannexation of approximately 869.20 acres, which consists of Oxy's property. The disannexation is in exchange for execution of a new industrial district agreement between the City and Oxy. In order to enter into an industrial district agreement with Oxy, the City must include Oxy's property within the boundaries of an Industrial District. As Oxy's property is adjacent to Industrial District No. 8, it makes sense to expand the boundaries of Industrial District No. 8 to include Oxy rather than creating a new industrial district. The proposed industrial district agreement provides that Oxy must make payments in lieu of taxes annually in the amount of 62.5% of the ad valorem taxes that would be due on the improvements if they were within the boundaries of the City and 100% of the ad valorem taxes that would be due for the land. These are the same payment in lieu of taxes terms that apply to other industrial partners in San Patricio County, including Chemours. Staff recommends expansion of Industrial District No. 8 and approval of an industrial district agreement with Oxy. The industrial district agreement is a means by which the City can continue to support regional economic development and Oxy's presence in the Coastal Bend. Analysis of the Request: The proposed disannexation is consistent with City policy and the Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial ALTERNATIVES: In lieu of the proposed industrial district agreement, staff considered further negotiating with Oxy. Staff chose not to pursue this option as other industrial partners in the area are subject to the same payment in lieu of taxation terms proposed in the Oxy agreement, which were originally proposed to the industrial partners at the time of the annexation. FISCAL IMPACT: The agreement requires rebate of any ad valorem taxes paid for tax year 2020 that exceed the contractual payment in lieu of taxes amount. This would require reimbursement of 37.5% of the ad valorem paid on improvements and 100% of the ad valorem paid on personal property. For future years, payment in lieu of taxes will be collected in the amount of 100% on land and 62.5% on improvements. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Industrial District Agreement No. 103 Ordinance amending Ordinance No. 031817 by adjusting the boundary of the City's Industrial District No. 8 to include disannexed tracts; and approving a Industrial District Agreement No. 103 with Occidental Chemical Corporation, Ingleside Cogeneration Limited Partnership, Ingleside Ethylene, LLC, and OXYMAR. WHEREAS, under Texas Local Government Code Chapter 42, Subchapter 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, the City Council passed Ordinance No. 029958 to reestablish the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1" and "Industrial District No. 2"; and WHEREAS, an area of the City's extraterritorial jurisdiction has been informally referred to as Industrial District No. 3 and the use of such name for a new Industrial District may cause confusion; and WHEREAS, the City Council created Industrial District No. 4 by Ordinance No. 031721 , Industrial Districts No. 5, 6, and 7 by Ordinance No. 031775, and Industrial District No. 8 by Ordinance No. 031817; and Page 1 of 3 WHEREAS, the City specifically retained its right to adjust the boundary of any Industrial District from time to time, and it is in the best interest of the citizens of the City to adjust the boundary of Industrial District No. 8 at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. Ordinance No. 031817 is amended by replacing the Metes and Bounds Description of Industrial District No. 8 that were attached to the ordinance, which lay out the boundaries of Industrial District No. 8, with the attached Exhibit A — Legal Description and Exhibit B — Map. Ordinance No. 031817 as amended is re-authorized. SECTION 3. The City Council approves and authorizes the City to enter into the attached Industrial District Agreement No. 103 with Occidental Chemical Corporation, Ingleside Cogeneration Limited Partnership, Ingleside Ethylene, LLC, and OXYMAR and filed such agreement in the real property records of San Patricio County. The City Manager, or designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect upon City Council approval on this the day of 2020. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 EXHIBIT"A" LEGAL DESCRIPTION BEING A 1,000.90 ACRE TRACT SAN PATRICIO COUNTY,TEXAS A 1,000.90 acre-tract,situated and out of the T.T. Williamson Survey,Abstract 143, the T.T. Williamson Survey Abstract 290, the T.T. Williamson Survey,Abstract 292, the T.T. Williamson Survey,Abstract 293, the Nicholas Fagan Survey, and the Heirs of Rosa Teal Survey,Abstract 262,San Patricia County, Texas and being out of(1) a 389.60 acre-tract, as recorded in the Real Property File No.459564, Deed Records,San Patricia County, Texas, (2)a 592.751 acre-tract, as recorded in the Real Property File No. 364008, Deed Records,San Patricia County, Texas, (3)a 165.358 acre-tract, as recorded in the Real Property File No. 490143, Official Public Records,San Patricia County, Texas, (4)an 81.149 acre tract, as recorded in the Real Property File No.459563, Official Public Records,San Patricia County, Texas, (5)a 25.7487 acre-tract, as recorded in Document No. 636350, Official Public Records,San Patricia County, Texas, (6)a 310.70 acre-tract, "Tract I", as recorded in Document No. 605165, Official Public Records,San Patricia County, Texas, (7)a 24.797 acre-tract, as recorded in Document No. 457204, Official Public Records,San Patricia County, Texas, (8)a 4.022 acre-tract, "Tract 41; as recorded in Document No. 644302, Official Public Records,San Patricia County, Texas. Said 1,000.90 acre- tract being more particularly described as follows: Bearings and Coordinates are based on the NAD 1983 StatePlane Texas South FIPS 4205 (US Feet) standard coordinate system. BEGINNING at the Northwest corner of the aforementioned 389.60 acre-tract, the coordinates of which POINT OF BEGINNING referred to the NAD 1983 StatePlane Texas South (US Feet) Coordinate System, are X= 1393322.646, Y= 17220366.737, and the Northwest corner of the herein described tract; (L1)THENCE S 01°33'22" E,with the East boundary of the 389.60 acre-tract to a point on the City of Corpus Christi City Limits and the City of Ingleside City Limits, a distance of 4,418.300 feet for interior corner of the herein described tract; (1-2)THENCE S 33°56'48"W, with the City Limits a distance of 592.830 feet to a point on the Southern boundary of the 389.60 acre-tract and on the Northern boundary of the Southern Railroad ROW, for an interior corner of the herein described tract; (1-3)THENCE S 33°56'47"W, with the City of Ingleside City Limits a distance of 1,405.742 feet, to a point along the Eastern Boundary of the 592.751 acre-tract, same point being along the Western Boundary of the 165.358 acre-tract, same point being also on the City of Corpus Christi City Limits, for an interior corner of the herein described tract; (1-4)THENCE S 28°12'28"W along the shared City Limits of Corpus Christi and Ingleside for a distance of 1,586.720 feet, to a point being an interior corner of the herein described tract, same being the shared City Limits of Corpus Christi and Ingleside (C1) being the beginning of a non-tangent curve to the Left having a Radius of 5,337.509 feet and a Chord Bearing and Distance of S 25°10'12"W, 1,523.104 feet; same being the shared City Limits of Corpus Christi and Ingleside, for an interior corner of the herein described tract; 4 (C2)THENCE in a Westerly direction with curve to the Left, having a Radius of 5,283.343 feet and a Chord Bearing and Distance of S 04°13'34"W, 2,318.523 feet, same being the shared City Limits of Corpus Christi and Ingleside, for an interior corner of the herein described tract; (0)THENCE in a Westerly direction with a curve to the Left having a Radius of 7,828.03 feet and a Chord Bearing and Distance of S 27034'56"W, 2,197.166 feet, same being the shared City Limits of Corpus Christi and Ingleside, for the Southeast corner of the herein described tract; THENCE in a Northwesterly direction along the observed Mean High-Tide Line of the herein described tract as described by Urban Engineering on May 20, 2019 in Ordinance No. 031777,the following bearings and distances: (L5) N 26012'57" W a distance of 367.120 feet; (L6) N 14053'11" W a distance of 177.390 feet; (C4) in a Northwesterly direction with a curve to the Right having a Radius of 130.62 feet and a Chord Bearing and Distance of N 40047'08" W, 146.17 feet; (L7) N 39009'22" W a distance of 1,134.840 feet; (L8) N 44049'06" W a distance of 570.200 feet; (C5) in a Northwesterly direction with a curve to the Right having a Radius of 295.33 feet and a Chord Bearing and Distance of N 62018'27" W,485.39 feet; (L9) N 57005'41" W a distance of 175.770 feet; (1-10) N 65059'46" W a distance of 608.150 feet; (L11) S 90000'00"W a distance of 104.170 feet; (L12) N 65039'32" W a distance of 55.396 feet,for the Southwestern corner of the herein described tract; (L13)THENCE N 00019'15" W running parallel to and 1,100 feet West of the Western boundary of the 310.70 acre-tract a distance of 3,757.779 feet, for an interior corner of the herein described tract; (1_14)THENCE N 89043'59" E running parallel to and 1,100 feet South of the Northern Boundary of the 310.70 acre-tract a distance of 1,423.264 feet, past a point on the East Boundary of the 310.70 acre-tract, same point being on the Western Boundary of the 25.7487 acre-tract, a total distance of 1,470.150 feet, for an interior corner of the herein described tract; (L15)THENCE N 44042'45" E running parallel to and 1,100 feet Southeast of the Northern boundary of the 310.70 acre-tract, a distance of 227.899 feet past a point on the East Boundary of the 25.7487 acre-tract, same point being on the West boundary of the 81.149 acre-tract, a total distance of 1,412.167 feet, for an interior corner of the herein described tract; (L16)THENCE N 00030'03" W running parallel to and 1,100 feet West of the West boundary of the 25.7487 acre- tract a distance of 1,043.221 feet to point on the North boundary of the 81.149 acre-tract, same point being on the Eastern boundary of the 25.7487 acre-tract, a total distance of 1,109.362 feet, to a point along the Southern 5 boundary of the 29.78 acre-tract, same point being on the northern boundary of the 25.7487 acre-tract, for an interior corner of the herein described tract; (L17)THENCE N 89°39'54" E with the Southern boundary of the 29.78 acre-tract, same boundary also the Northern boundary of the 25.7487 acre-tract a distance of 247.581 feet to the Southeast corner of said 29.78 acre-tract, same point being the Northeast corner of the 25.7487 acre-tract, same point being on the West boundary of the 4.022 acre-tract, for an interior corner of the herein described tract; (L18)THENCE N 00°00'00" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 258.933 feet, for an interior corner of the herein described tract; (L19)THENCE N 89°58'41" W with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 29.374 feet, for an interior corner of the herein described tract; (L20)THENCE N 00°01'19" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 130.00 feet, for an interior corner of the herein described tract; (L21)THENCE S 89°58'41" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 47.00 feet, for an interior corner of the herein described tract; (L22)THENCE N 00°04'06" W with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 969.632 feet, for an interior corner of the herein described tract; (L23)THENCE N 60°01'22" W with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 151.030 feet, for an interior corner of the herein described tract; (L24)THENCE N 00°00'00" E with the East boundary of the 29.78 acre-tract, same line being the west boundary of the 4.022 acre-tract, a distance of 104.986 feet to the Northeast corner of the 29.78 acre-tract, same point being the Northwest corner of the 4.022 acre-tract, same point being on the Southern boundary of the State Highway 361 ROW, for an interior corner of the herein described tract; (L25)THENCE N 06°19'35" E across the ROW of both State Highway 361 and Southern Railroad a distance of 305.244 feet to a 1-inch rod in concrete for the most Easterly Southwest corner of the 389.28 acre-tract, same point being the Southeastern corner of that certain 15.49 acre-tract of land conveyed to AEP Texas Central Co. described in Document No. 252362 of the Official Public Records of Real Property of San Patricio County,Texas, for an interior corner of the herein described tract; (L26)THENCE, N 00°00'00" E with the East boundary line of said 15.49 acre-tract, same line being the West boundary of the 389.28 acre-tract a distance of 932.290 feet, to a 1-inch rod in concrete at the Northeast corner of the 15.49 acre-tract, same point being an interior corner of the 389.28 acre-tract, for an interior corner of the herein described tract; (L27)THENCE S 89°09'47"W with the North boundary line of said 15.49 acre-tract, same line being the West boundary of the 389.28 acre-tract, a distance of 134.591 feet for an interior corner of this tract; (L28)THENCE, N 00°18'29"W running parallel to and 1,100 feet West of the boundary of that 389.28 acre-tract, same line being the East boundary line of that certain 94.48 acre-tract of land, conveyed to the San Patricio Water District and being described in Document No.468583 of the Deed Records of San Patricio County,Texas, for a distance of 1,808.547 feet to a point on the Northern boundary of said 389.60 acre-tract, and the Northwest corner of the herein described tract; 6 (L29)THENCE N 87°29'10" E with the North boundary of the 389.60 acre-tract of land a distance of 3,839.327 feet, to the POINT OF BEGINNING and containing 1,000.90 acres of land. NOTE:ALL BEARINGS ARE GRID BEARINGS BASED ON THE NAD 1983 STATEPLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH (TEXAS SOUTH FIPS 4205) IN US FEET. EXHIBIT-B-TO ACCOMPANY THIS DESCRIPTION. 7 POINTOF BEGINNI.N.G. X.1393322:646 Y:17220366.737 CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH ci 16°24'21" 5,337.505 1,52832 525`10'12"W 1,523.104" C2 25-20-59" 5;:283.:343' 2,227.542' 504"1334"W 2,319.523- POINT OF C3 16-08-06" 7,828.03' 2,204.44 527"34'56"W 2,197.166- BEGINNING C4 68'02'45" 130.62' 155.127' N 40'47'08"W 146.170' CS 110'31'33" 295.33, 569.703' N 62'18'27"W 485.390' L29 LINE BEARING DISTANCE ,,AN 1'A[I M,10 Ll S 01'33'22"E 4,418.300 �M14MCHi I L2 5 33'56'48"W 592.830 CI 40,bM L3 533°56'47"W 1,405.742 L29 uil L4 S 28q2'28"W 1,586.720 L5 N 2612'57"W 367.120 US N 14'53'11"W 177.390 L7 N 39'09'22"W 1,134,840 UR N 44*49'06"W 570.200 L27 AUM L9 N 57'05'41"W 175.770 1.10 N 65'59'46"W 608.150 L11 590°00'00"'w 104.170 L25 L12 N 65'39'32"W 55.396 20001,6HL",— L24 L13 N 00-19-15"W 3,757.779 L23,/ L14 N 89-43"59-E 1,470.150 L15 N 44-4245"E 1,412.167 'P til 22 V1"11 Flk'-)I''F L21 L16 N 00-3003"W 1,109.362 A L17 N 89°39'54"'E 247.531 L2 —c L18 N 00'00'00"E 258,933 NPINI,I:WAl I 1A V✓ )IM`rd,� L19 N 89'58'41"W 29.374 r 13 L20 N 00'01'19"E 13QL000 L21 589'58'41"'E 47.000 �AN PAI RI Icy ow",[k )U1.4 L3 L22 N DO'D4'06"W 969.632 A A(,,,1 L23 N 60'01'22"VV 151.030 L24 N 00*00'00"E 104.986 s iIN WIN DEN I A[ J 11-1,%.A.COR! Li5 I MIG1111(XI101 L25 N 06'19'35"E 305.244 2�,,'8/k PL.S I AACKC L26 N 00'00'00"E 932.290 L27 58709'47'W 134.591 L28 N 00-13-29"W 1,908.547 L29 N.8729'10"E 3,839.327 7 Coordinate System:NAD 1983 State- Plane South Texas SIPS 4205 Feet L13 C 111AiAU,Ufl) C2 M) Irl ........................... L12 L10 Lit L9 0 1,000 2,000 4,000 Feet L7 C3 C4 LS ("oRf, EXHIBIT"B" OFA 1,0010.900 ACRE TRACT WITHIN\L5 75�AL11 tF S THE CITY OF CORPUS CHRISTI, TEXAS CITY LIMITS &EXTRA TERRITORIAL JURISDICTION z Dat l Created:03/05/2020 Author A.Oltmans 8 INDUSTRIAL DISTRICT AGREEMENT No. 103 THE STATE OF TEXAS § COUNTY OF SAN PATRICIO § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Texas Local Government Code,by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation, hereinafter called the "CITY," and Occidental Chemical Corporation, a New York corporation, and Ingleside Cogeneration Limited Partnership, a Delaware limited partnership, as Land and Improvements Owners, and Ingleside Ethylene, LLC, a Texas limited liability company, and OXYMAR, a Texas general partnership, as Improvements Owners, hereinafter collectively called the "COMPANY." WITNESSETH: WHEREAS, it is the established policy of the City Council of the CITY to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS,the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, the CITY has subsequently reestablished the boundaries of Industrial Districts Nos. 1 and 2 and created Industrial District No. 4 within the CITY's Extraterritorial Jurisdiction in Nueces County; and WHEREAS, Ordinance No. 031817 established the boundaries of the land area known as Corpus Christi Industrial District No. 8 for a portion of the CITY's Extraterritorial Jurisdiction in San Patricio County; and WHERAS, Ordinance No. 031817 was amended on to adjust the boundary to include disannexed property owned by the COMPANY within San Patricio County; and 9 WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY's structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the CITY referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. The COMPANY covenants and agrees that during the term hereof, the COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry." "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non- industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid,plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1)to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an"industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY's boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty(60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY's Land 10 from the CITY's boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY's property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY's property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. The COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend,by ordinance, any rules, or regulations, including,but not limited to,those(a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of the COMPANY's business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY's Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the CITY limits any unnecessary annexation corridor. Notwithstanding anything contained in this Agreement to the contrary, the CITY and the COMPANY specifically agree that (a) any property of the Company annexed by the CITY in 2019 that was not disannexed prior to execution of this Agreement (including, but not limited to, any property of the Company within the corridor area depicted on the maps and metes and bounds attached as Exhibit C),will be treated as if such property were part of an annexation corridor described in the foregoing provisions of this Section 1.03, and(b) and to the extent any property described in clause (a) of this sentence is subject to any CITY taxes with respect to any calendar year during the term hereof, the CITY shall (i) exclude such property from the calculation of the in lieu of tax payment due from the COMPANY under Article 3 for such year, and (ii) as an economic development incentive grant under a program authorized by Chapter 380 of the Texas Local Government Code, remit (either as an offset against the amount of payment in lieu of tax owed to the CITY under this Agreement or as a rebate paid to the COMPANY in cash), within 60 days following proof of payment of such City Taxes, the portion of such City Taxes that is in excess of the in lieu of tax payment that would have been required to be paid to the CITY under this Agreement with respect to such property had such property been disannexed prior to the execution of the Agreement. Section 1.04 City Services. During the term hereof,pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, the COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of the COMPANY's business, 11 except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned facilities. Section 1.07 Definitions. A. CITY. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction(including, at a minimum, excavation for foundations or the beginning of installation or erection of Improvements) at the primary site of the eligible project has begun. C. Existing Improvements. Improvements that were in use prior to January 1, 2015. D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the CITY and that is located within five miles of those boundaries. E. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by the COMPANY. Includes Existing Improvements and New Improvements. F. Industrial District. The industrial districts created pursuant to any ordinance of the CITY, including any Industrial Districts created for portions of the CITY's Extra Territorial Jurisdiction in San Patricio County. G. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. H. Land. All of the real property owned, leased or possessed by the COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. L Market Value. As determined and defined by SPCAD. J. New Improvement. Improvement for which no government permit has been secured and for which construction had not commenced prior to January 1, 2015. K. Placed in Use. Improvements that are completed and placed in use and are not listed by SPCAD as Construction Work in Progress (CWIP). L. SPCAD. The San Patricio County Appraisal District and includes its successors and assigns. Article 2 Section 2.01 Term. The term of this Agreement shall begin on January 1, 2020 or the effective date of disannexation of the property,whichever is later,and continue until December 31,2024,unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the 12 COMPANY and the CITY as provided by the Texas Local Government Code; provided, however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of any annexation shall be no earlier than midnight of December 31 of the final calendar year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in Lieu of Ad Valorem Taxes. Each year during the term hereof,the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to the CITY by the COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property) located on the Land equal to sixty-two and one half percent(62.5%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. C. New Improvements. With respect to any New Improvements (excluding personal property), the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the CITY for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use,the in lieu of tax payment shall be equal to sixty-two and one half percent(62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on the first day of January following the date when the New Improvements are Placed in Use. D. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract(s), the new land shall be included in the COMPANY's land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date on which the new land is acquired by the COMPANY. Within ninety(90)days after the acquisition of new land by the COMPANY,the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by SPCAD Geographic ID number of the newly acquired land. E. With respect to any new land acquired by the COMPANY after January 1, 2019, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract(s), the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. 13 Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by SPCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all SPCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement(the"Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY's review of all forms, information, and documents provided by the COMPANY to SPCAD and, in the event of appeal,the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY's annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by SPCAD, or its successor,under the provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to SPCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by SPCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to SPCAD. Notwithstanding any protest of valuation by the COMPANY or any non-SPCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below,based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to the COMPANY within thirty (30) days after said final determination. Any non-SPCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for the CITY fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board,the State Fireman's and Fire Marshal's Association of Texas or equivalent. 14 The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster,which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15%x CITY Tax Rate = Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the CITY calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.3 1, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended,using the Market Value of pollution control equipment certified by SPCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent(100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%)per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Section 3.08 Reimbursement of 2020 Taxes. The CITY and the COMPANY understand that the disannexation of the property of the Company will occur after January 1,2020. Pursuant to Section 43.148 of the Texas Local Government Code, and with respect to such property, the CITY is required to refund "the amount of money collected by the municipality in property taxes and fees . . . less the amount of money that the municipality spent for the direct benefit of the area." Should the COMPANY be required to pay any CITY property taxes on the property of the Company subject to this Agreement for the tax year 2020, the CITY will, within 60 days after proof of payment of such property taxes, refund any amount paid in excess of the in lieu of tax payment that would otherwise be due in accordance with this Agreement. The COMPANY agrees that, upon such refund, the CITY will have fully complied with Section 43.148 of the Texas Local Government Code. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the CITY shall have the option to either (1) declare this 15 Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill the COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally,the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1)judicially or (2) extra judicially in the same manner as a deed of trust under the Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement,the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default(or, if cure requires more than 60 days,the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days,which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative,none is in lieu of any other, and any one or more or combination of the same is available. Each parry, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten(10)years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default,then such default is deemed waived. 16 Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY's rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from SPCAD or its successor,to be attached hereto and incorporated herein as Exhibit A. With respect to the COMPANY's acquisition of new land, as described in Section 3.01 D, which becomes included in the Land, the COMPANY agrees to provide to the CITY a listing of Geographic ID numbers as available from SPCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by the COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto;provided,however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement with respect to the portion of the Land annexed or incorporated,effective as of the date of the annexation or incorporation, or(2)continuing to make the in lieu of tax payment required hereunder with respect to such portion of the Land. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment with respect to such portion of the Land, the CITY shall place future payments hereunder with respect to such portion of the Land together with part of the payment with respect to such portion of the Land for the calendar year in which the annexation or incorporation is attempted,prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by the CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. 17 Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the COMPANY,or to an affiliate that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If the COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY's successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the securities having the right to vote for the election of directors or persons performing functions similar to members of the board of directors of a corporation; or(2) all corporations (or other entities) controlled by or under common control with the COMPANY as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. Article 9 Section 9.01 Buy Local. The COMPANY shall use reasonable efforts to acquire all of its procurements, including,but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. The COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. The COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important 18 for each customer to continue to use the system as its principal source of water. The COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person,firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other parry hereto, shall be mailed or delivered as follows: If to the CITY: City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi,Texas 78469-9277 Phone: 361-826-3220 Fax: 361-826-3845 With copies to: City of Corpus Christi-City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi,Texas 78469-9277 Phone: 361-826-3105 Fax: 361-826-3113 City of Corpus Christi-City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 Fax: 361-826-3239 19 If to the COMPANY: Occidental Chemical Corporation Attn: Property Tax Department P.O. Box 27711 Houston, Texas 77227-7711 Phone: (713) 840-3022 Fax: (713) 840-3043 Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each parry represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such parry to all of the terms, covenants and conditions contained herein. Section 10.07 Most Favored Nations. If the CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, the COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist- related business or facilities under Section 42.044, Texas Local Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the CITY's non-industrial district ETJ, or with any company proposing a major new investment within the CITY's non-industrial district ETJ, as part of the CITY's economic development program. Section 10.08 Piers, Docks, and Submerged Land. The COMPANY agrees that during the term of this Agreement and any renewal term, any piers, docks, and submerged land owned by the COMPANY and located in the Corpus Christi Bay are included within the CITY limits of the CITY and subject to ad valorem taxes of the CITY. To the extent owned by the COMPANY during the term of this Agreement, this provision specifically includes those piers and docks described previously by Nueces County Appraisal District with the following Geo ID numbers: I0-6058000-0110 (Loading Pier and Docks), I0- 6058000-0115 (Barge Docks-2), I0-0003998-0500 (Alpha Pier at Former Naval Station Ing), I0- 0004779-0510 (LPG Loadout at Alpha Pier), and I0-0005061-0500 (Oil Loadout at Alpha Pier). The CITY and the COMPANY agree to consult and cooperate with each other to cause such piers and docks (i)to be included in the appraisal records and appraisal roll of the San Patricio County Appraisal District, and to not be included in the appraisal records and appraisal roll of the Nueces County Appraisal District, and/or(ii)to otherwise be treated in such a manner that such docks and piers are not subjected to taxation by more than one county. 20 ENTERED into this day of , 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Constance Sanchez, Chief Financial Officer LEGAL FORM APPROVED of 2020. Aimee Alcorn-Reed Assistant City Attorney FOR CITY ATTORNEY CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2020, by Constance Sanchez, Chief Financial Officer of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: 21 ATTEST: LAND AND IMPROVEMENTS OWNER OCCIDENTAL CHEMICAL CORPORATION By: Name: Name: Ronald W. Kleb Title: Title: Vice President LAND AND IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of 20 , by Ronald W. Kleb, as Vice President of Occidental Chemical Corporation, a New York corporation, on behalf of said corporation. Given under my hand and seal of office this day of December, A.D.,20 . Notary Public, State of Texas Printed Name: My Commission expires: ATTEST: LAND AND IMPROVEMENTS OWNER INGLESIDE COGENERATION LIMITED PARTNERSHIP By: Ingleside Cogeneration GP,Inc., as General Partner By: Name: Name: Michael R. Horne Title: Title: Assistant Secretary LAND AND IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of 20 , by Michael R. Horne, as the Assistant Secretary of Ingleside Cogeneration GP, Inc., a Delaware corporation and a General Partner of Ingleside Cogeneration Limited Partnership, a Delaware limited partnership, on behalf of said limited partnership. Given under my hand and seal of office this day of December, A.D.,20 . Notary Public, State of Texas Printed Name: My Commission expires: ATTEST: IMPROVEMENTS OWNER INGLESIDE ETHYLENE, LLC By: OxyChem Ingleside Ethylene Holdings,Inc., as Managing Member By: Name: Name: Michael R. Horne Title: Title: Assistant Secretary IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of 20 , by Michael R. Horne, as the Assistant Secretary of OxyChem Ingleside Ethylene Holdings, Inc., a Delaware corporation and Managing Member of Ingleside Ethylene, LLC, a Texas limited liability company, on behalf of said limited liability company. Given under my hand and seal of office this day of December, A.D.,20 . Notary Public, State of Texas Printed Name: My Commission expires: ATTEST: IMPROVEMENTS OWNER OXYMAR By: Occidental Chemical Corporation, as General Partner By: Name: Name: Ronald W. Kleb Title: Title: Vice President IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of 20 , by Ronald W. Kleb, as Vice President of Occidental Chemical Corporation, a New York corporation and a General Partner of OXYMAR, a Texas general partnership, on behalf of said general partnership. Given under my hand and seal of office this day of December, A.D., 20 . Notary Public, State of Texas Printed Name: My Commission expires: 25 San Patricio CAD Exhibit A Industrial District Agreement#103 Geographic IDs Occidental Chemical Corporation Occidental Chemical Corporation,et al. ABS A0143 ABST 143 T T WILLIAMSON 2139-0143-0001-001 103 Outside Land SUR TRACT A,386.1657 ACRES ABS A0143 ABST 143 T T WILLIAMSON 2139-0143-0001-004 103 Outside Land SUR,TRACT W,6.4078 ACRES ��a'�1� l��r�lIIIIIIIIIIIIIIIIIIIIGrlllllllllll���rl�l������1�,�JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJb'; �1 ��r� ( (�' ������I�%//��%%���������' ABS A0292 ABST 292 T T WILLIAMSON 2139-0292-0001-003 103 Outside Land SUR TRACT M, 19.0616 ACRES ABS A0293 ABST 293 T T WILLIAMSON 2139-0293-0001-002 103 Outside Land SUR,TRACT Q,69.0771 ACRES ABS A0293 ABST 293 T T WILLIAMSON 2139-0293-0001-004 103 Outside Land SUR,TRACT X,3.6707 ACRES 0704971-0-9900040 103 Outside Improvements 3.7667 MI 4" PRO-LINE 1983 0701724-0-9900015 103 Outside Improvements 9900015 TN ewNRCC EXEMPT XEMPTr 0 /,�I „ r 0701724-0-9900023 103 Outside Personal Property SUPPLIES&SPARE PARTS 0701724-0-9900040 103 Outside Personal Property MOBILE MACHINERY&TOOLS A-1 San Patricio CAD Exhibit A Industrial District Agreement#103 Geographic IDs Ingleside Cogeneration Limited Partnership Occidental Chemical Corporation,et al. ynffffm��M Legal Description WIWI ,., �,�u.a9900010 INGLESIDE COGENERATION LP I�uuuu1�11�111 11191111 Ibdu�mjigiiAll �111 ipuuuuupu�m Outsi�.n.om San Patricio CAD Exhibit A Industrial District Agreement#103 Geographic IDs Ingleside Ethylene, LLC Occidental Chemical Corporation,et al. Legal Description I�iiuiiuuuuuiuuuuuuuiva� �.�. .� b9900010 ETHYLENE CRACKER PROJECT Mb�R�.R,��. 0IIIIIIIIII=IIIIIII0010 103 IIIIIIIIIIIIIIIIIIII,IIIIII Outside,Improvements IVLA&ABATEMENT 0 CRACKER PLANT TCEQ EXEMPTION 0 :w" 1.62 MI 8" PIPELINE 2015 T-4 PERMIT 0708237-0-9900020 103 Outside Improvements #09269 INGLESIDE ISD 9900005 ETHYLENE �IIIIIIIIIIIIIIIII0005 103 IIIIIIIIIIIIIIIIIII�IIIIIIOutside Improvements NON-VLA �jl0.86 MI 8" PIPELINE 2015 T-4 PERMIT ; ��11111 u �' m Outside , qImprovements 09269,09382 �n�mr San Patricio CAD Exhibit A Industrial District Agreement#103 Geographic IDs OXYMAR Occidental Chemical Corporation,et al. Legal Description 0702704-0-9900056 103 Outside Improvements 9900056 TCEQ EXEMPT 0 All 0702704-0-9900020 103 Outside Personal Property FURNITURE&FIXTURES-VCM- IIIIIII0»�r,u 1u / 11110111,111 110 1 1? ) '» rwgf!»r»�;i l'sur r,r ll»,r,rdr iu ll,rrnrarnn� ,. 0702704-0-9900070 103 Outside Personal Property MACHINERY&EQUIPMENT 01111111111 All1111111111 ==No= A-4 EXHIBIT B Schedule of Value . . . . . . . . . } \ : { [ ( ! \ : - 3 ( / . i : _ \ ( LU} - � /))alk B-1 EXHIBIT C Corridor Area LEGAL DESCRIPTION BEING A 325.98 ACRE TRACT SAN PATRICIO COUNTY,TEXAS A 325.98 acre-tract,situated and out of the T.T. Williamson Survey,Abstract 143, the T.T. Williamson Survey Abstract 290, the T.T. Williamson Survey,Abstract 292, the T.T. Williamson Survey,Abstract 293, the Nicholas Fagan Survey, and the Heirs of Rosa Teal Survey,Abstract 262,San Patricia County, Texas and being out of(1)a 389.60 acre-tract, as recorded in the Real Property File No.459564, Deed Records,San Patricia County, Texas, (2)a 310.70 acre-tract, "Tract I",as recorded in Document No. 605165, Official Public Records,San Patricia County, Texas, (3)an 81.149 acre tract, as recorded in the Real Property File No. 459563, Deed Records,San Patricia County, Texas, (4)a 29.278 acre-tract, "Tract I", as recorded in Document No. 468583, Official Public Records,San Patricia County, Texas, (5)a 25.7487 acre-tract, as recorded in Document No. 636350, Official Public Records,San Patricia County, Texas, (6)a 20 acre-tract,as recorded in Volume 359 page 276, Official Public Records,San Patricia County, Texas, (7)a 15.49 acre-tract, as recorded in Document No.252362, Official Public Records,San Patricia County, Texas, (8)a 8.71 acre-tract, as recorded in Volume 452 Page 281-283, Official Public Records,San Patricia County, Texas, (9)a 5.541 acre-tract, as recorded in Document No. 396350, Official Public Records,San Patricia County, Texas,and(10)a 3.31 acre-tract, "Tract II'; as recorded in Document No. 468583, Official Public Records,San Patricia County, Texas.Said 325.98 acre-tract being more particularly described as follows: BEGINNING at the Northeast corner of the aforementioned 15.49 acre-tract,the coordinates of which POINT OF BEGINNING referred to the NAD 1983 StatePlane Texas South (US Feet) Coordinate System, are X= 1389631.164,Y= 17218396.479, and along the East boundary of the herein described tract; (1-1)THENCE S 00°00'00"W, with the East boundary of the 15.49 acre-tract to a concrete monument set in the northeasterly line of the right of way of the Southern Pacific Railroad, a distance of 932.290 feet for interior corner of the herein described tract; (1-2)THENCE S 06°19'35"W, a distance of 305.244 feet to a point on the Southern boundary of the TxDOT Highway 361 right of way, same point being the Northeastern corner of the 29.278 acre-tract, for an interior corner of the herein described tract; (1-3)THENCE S 00°00'00"W, with the Eastern boundary of the 29.278 acre-tract, a distance of 104.986 feet, for an interior corner of the herein described tract; (1-4)THENCE S 60°01'22" E, a distance of 151.030 feet with the Eastern boundary of the 29.278 acre- tract, for an interior corner of the herein described tract; (L5)THENCE S 00°04'06" E,with the East boundary of the 29.278 acre-tract, a distance of 969.632 feet, and being an interior corner of the herein described tract; (L6)THENCE N 89°58'41"W, a distance of 47.000 feet with the Eastern boundary of the 29.278 acre- tract, for an interior corner of the herein described tract; (L7)THENCE S 00°01'19"W, a distance of 130.000 feet with the Eastern boundary of the 29.278 acre- tract, for an interior corner of the herein described tract; (L8)THENCE S 89°58'41" E, a distance of 29.374 feet with the Eastern boundary of the 29.278 acre-tract, for an interior corner of the herein described tract; (L9)THENCE S 00°00'00" E, a distance of 258.933 feet to the Southeastern corner of the 29.278 acre- tract, same point being the Northeastern corner of the 25.7487 acre-tract, for an interior corner of the herein described tract; (L10)THENCE S 89°39'54"W, a distance of 247.581 feet with the Southern Boundary of the 29.278 acre- tract, same line also being the Northern Boundary of the 25.7487 acre-tract, for an interior corner of the herein described tract; (L11)THENCE S 00°30'03" E, a distance of 66.123 feet running parallel to and 1,100 feet West of the Western Boundary of the 25.7487 acre-tract, to an interior point the 25.7487 acre-tract, same point also located along the Northern Boundary of the 81.149 acre-tract, for an interior corner of the herein described tract; (L12)THENCE S 00°30'03" E, a distance of 1,043.239 feet running parallel to and 1,100 feet West of the Western Boundary of the 25.7487 acre-tract, to an interior corner of the herein described tract; (L13)THENCE S 44°42'45"W, a distance of 1,182.888 feet running parallel to and 1,100 feet West of the Eastern Boundary of a 138.04 acre-tract described in Document No. 502131 of the Official Public Records of Real Property of San Patricio County,Texas,to a point along the Eastern Boundary of the 25.7487 acre-tract, same point being along the Western Boundary of the 81.149 acre-tract, for an interior corner of the herein described tract; (LA)THENCE S 44°42'45"W, a distance of 229.279 feet running parallel to and 1,100 feet West of the Eastern Boundary of the aforementioned 138.04 acre-tract, for an interior corner of the herein described tract; (L15)THENCE S 89°43'59"W, a distance of 39.869 feet running parallel to and 1,100 feet South of the Southern Boundary of the aforementioned 138.04 acre-tract, to a point along the Western Boundary of the 25.7487 acre-tract, same point being along the Eastern Boundary of the 310.70 acre-tract, for an interior corner of the herein described tract; (L16)THENCE S 89°43'59"W, a distance of 1,430.280 feet running parallel to and 1,100 feet South of the Southern Boundary of the aforementioned 138.04 acre-tract, for an interior corner of the herein described tract; (L17)THENCE S 00°19'15" E, a distance of 3,757.779 feet running parallel to and 1,100 feet East of the Eastern Boundary of the 360.07 acre-tract described in Document No. 502130 of the Official Public Records of Real Property of San Patricio County,Texas,to a point along the observed Mean High-Tide Line of the herein Described tract as described by Urban Engineering on May 20, 2019 in Ordinance No. 031777,for an interior corner of the herein described tract; THENCE in a Northwesterly direction along the observed Mean High-Tide Line of the herein described tract as described by Urban Engineering on May 20, 2019 in Ordinance No. 031777, the following bearings and distances: (L18) N 65°39'32" W, a distance of 144.684 feet; (L19) N 84°41'08" W, a distance of 374.880 feet; (L20) N 82°52'29" W, a distance of 139.970 feet; (L21) N 82°14'05" W, a distance of 480.747 feet,to a point along the City of Corpus Christi City Limits, same point being along the Western Boundary of the 310.70 acre-tract, same point also being along the Eastern Boundary of the aforementioned 360.07 acre-tract, same point also being the Southwestern Corner of the herein described tract; (L22)THENCE N 26°37'40" E, with the City Limits a distance of 42.613 feet,with the Eastern boundary of the 360.07 acre-tract, same line being the Western Boundary of the 310.70 acre-tract, for an interior corner of the herein described tract; (L23)THENCE N 00°19'15"W, with the City Limits a distance of 4,170.772 feet with the Eastern boundary of the 360.07 acre-tract, same line being the Western Boundary of the 310.70 acre-tract, to a point at the Southern Boundary of the aforementioned 138.04 acre-tract, for an interior corner of the herein described tract; (L24)THENCE N 00°16'59" W, with the City Limits a distance of 467.111 feet,to a point on the Southern Boundary of the aforementioned 138.04 acre-tract, same point also being the Northwest corner of the 310.70 acre-tract, for an interior corner of the herein described tract; (L25)THENCE, N 89°43'59" E, with the City Limits a distance of 2,115.010 feet,to a point along the Southern Boundary of the aforementioned 138.04 acre-tract, same point being along the Northern Boundary of the 310.70 acre-tract, for interior corner of the herein described tract; (L26)THENCE N 44°42'45" E, with the City Limits a distance of 494.980 feet,to a point along the Southern Boundary of the aforementioned 138.04 acre-tract, same point being along the Northern Boundary of the 310.70 acre-tract, same point being the Southwestern Corner of the 3.31 acre-tract, for interior corner of the herein described tract; (L27)THENCE, N 00°30'03"W, with the City Limits a distance of 1,398.284 feet, to a point on the Northeast Corner of the aforementioned 138.04 acre-tract, same point being the Southeast corner of the 205.06 acre-tract described in Document No. 649462 of the Official Public Records of Real Property of San Patricio County,Texas, same point located along the Western Boundary of the 3.31 acre-tract, for an interior corner of the herein described tract; (L28)THENCE, N 00°29'40"W, with the City Limits a distance of 1,528.985 feet,to a point on the Northeastern Corner of the aforementioned 205.06 acre-tract, same point being the Northwest Corner of the 3.31 acre-tract, same point located along the Southern Boundary of the TxDOT Highway 361 right of way, for an interior corner of the herein described tract; (L29)THENCE, S 76050'26" E, with the City Limits a distance of 58.792 feet, for an interior corner of the herein described tract; (L30)THENCE N 00018'29" W, with the City Limits a distance of 304.708 feet,to a point along the Northern Boundary of the Southern Pacific Railroad right of way, same point being the Southwestern Corner of the 15.49 acre-tract, same point being the Southeastern Corner of the 94.477 acre-tract, "Tract III", described in Document No. 468583 of the Official Public Records of Real Property of San Patricio County,Texas,for an interior corner of the herein described tract; (L31)THENCE N 00018'29" W, with the City Limits a distance of 159.749 feet,to a point along the Eastern Boundary of the aforementioned 94.477 acre-tract, same point being the Northwest Corner of the 15.49 acre-tract, same point being the Southwest Corner of the 389.28 acre-tract, for an interior corner of the herein described tract; (L32)THENCE N 00018'29" W, with the City Limits a distance of 1,814.760 feet,to a point along the Eastern Boundary of the aforementioned 94.477 acre-tract, same point being the Northwest Corner of the 389.28 acre-tract, for the Northwest Corner of the herein described tract; (L33)THENCE N 87029'10" E, a distance of 1,100.816 feet,to a point along the Northern Boundary of the 389.28 acre-tract, for the Northeast Corner of the herein described tract; (L34)THENCE S 00018'29" E, a distance of 1,808.547 feet running parallel to and 1,100 feet East of the Western Boundary of the 389.28 acre-tract,to a point along the Southern Boundary of the 389.28 acre- tract, same point being located along the Northern Boundary of the 15.49 acre-tract, for an interior corner of the herein described tract; (L35)THENCE N 87009'47" E, a distance of 134.591 feet,to a point at the Northeastern Corner of the 15.49 acre-tract, same point being along the Southern Boundary of the 389.28 acre-tract, to the POINT OF BEGINNING and containing 325.98 acres of land. NOTE:ALL BEARINGS ARE GRID BEARINGS BASED ON THE NAD 1983 STATEPLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH (TEXAS SOUTH FIPS 4205) IN US FEET. MAP EXHIBIT"C"TO ACCOMPANY THIS DESCRIPTION. POINT OF BEGINNING X:1389631:164 Y:17218396.479' j LINE BEARING DISTANCE Ll S 00'00'00"W 932.290 1-2 S 06'19"35"W 305.244 L3 S 00'00'00"W 104.986 L4 S 60*01'22"E 151.030 A 1 RR L5 S 00'04'06"E 969.632 Im'n7 A:PF L6 N 89'58'41"W 47.000 I La4 1-7 S 00'01'19"W 130.000 L32 1,8 S 89'58'41"E 29374 L9 S 00'00'00"E 259.933 1 L36 2b,"CRI 1-10 S 89°39"54"W 247.5811 Lll S 00'3003"E 66.123 L L12 500°30'03"E 1,043-2391 1 L NO flL LAND Lze oar L.N I HAL;(:W POINT OF L13 544°4245 W 1,182.888 ioi.cli4c,,I. ,c BEGINNING OU�'0(� L14 S 44'4245"W 229.279 -Ai,f vmm' R I1�51 /J,MH 1� )IY L15 S 89'43'59"W 39,869 L16 5 89'43'59"W 1,430-280 1 RAI;1 1 CJ,0W,,fI3 WlWlklil�lliCj'.1 "1-41 L17 500°1915"E 3,757.779 VVA IFI L28 1 Ml AGRI 1-18 IN 65'39'32"W 144.684 U lfhIFIM L19 IN 94'41'08"W 374.880 L20 N 82'52'29"W 139.970 L5 L21 N 82'1405"W 480-747 1',71 ACRI'5 L8 L22 N 26'3740"E 42.613 L8 L23 N 00°19'15"W 4,170.772 r ,,A L24 N 00'16'59"W 467.111 ACN��', L-2711 02 1 �WN ry,f KlL9 L25 N'89°'43 59"E 2,115.010 Irk,II-Il M."I AI . L26 N 4442'45"E 494.980 L10 L27 N OW30`03"W 1,398.284 L28 N 00-29-40"W 1,528.985F I L29 S 76'50'26"E 59792 L25 jw L30 N 00'18'29"W 304.708 L31 N 00'18'29"W 159.749 L32 N 00-18'29"W 1,814,760 L13 985.88 L33 N 87'2910"E 1,100.816 Os,qtr Ar ACRES L34 5 00-18'29"E 1,808.547 I% IIHVCAL L14 L35 N 87°09'47"E 134.591 L16 Coordinate System NAD 1983 State_ Mane South Texas FIPS 4205 Feet H RAIN ld'P� 'A HP 6- T 1-1 q o / L17 I Hil ................... L22 I'M NOdfl5 CD C, I G � 'D 800 1,600 3,200 62 A1,1A Feet L20 644,02 ........... EXHIBIT"C"OF A 325.98 ACRE TRACT WITHIN THE CITY OF CORPUS CHRISTI, TEXAS CITY LIMITS\ Date Lealed03/04/2020 Author A.Oltmans I'{ t Y � p rf"� �fl,l�i/ �� Nrrodu ��� lll N7Ntrw � f � J � P r / I t i r r r ��i/ / ,,�� o �.,��� rlt�f� L✓�r yf�Y NfrY J�/i¢'" �� ,��� i41� ' / �/ ✓ � � H iii//"^�'N ,Y,. /r irk //l I r f��iN/Vi�V f J� 'V R�ti��d ,�I N r/�.Nrr � r � �Y I S �� � NiV i✓Qr"p�i� �,� `V I�VOVOV0�1 a r p r a❑ r� �r� �j��^`�`.. � � �, I��N� o t r�n�I i�v�N�i IN �� City of Corpus Christi-Annexation Area PHA Dare:0610612DIS La Quinta Corridor&Northside Corpus Christi Bay ,.~:. Anticipated Dis-Annexation Areas d AGENDA MEMORANDUM MCURP©Ra,E0 First Reading Ordinance for the City Council Meeting of March 17, 2020 1852 Second Reading Ordinance for the City Council Meeting of March 24, 2020 DATE: January 16, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymondcctexas.com (361) 826 - 3575 Easement Closure for 4462 Ayers Street CAPTION: Ordinance abandoning and vacating a 20-foot wide by approximately 150-feet long (3,000 sq. ft.) utility easement out of Lots 14-19, Block 8 in Portairs Addition, located at 4462 Ayers Street. (District 2) SUMMARY: The purpose of this ordinance is to abandon and vacate a 20-foot wide by approximately 150-feet long utility easement. In order to facilitate the construction of a new carwash business on the property. BACKGROUND AND FINDINGS: VIA Real Estate, LLC. (owner) is requesting the City to close, abandon, and vacate a 20-foot wide by approximately 150-feet long utility easement in order to facilitate the construction of a new carwash on the property that will be named Champion Xpress Carwash. There are existing public and private utilities in the easement. The utilities include a city gas line and a private wastewater collection line. Gas Department requires the applicant to relocate the gas line prior to approving their request. Once the gas utility line is relocated Gas Department will no longer object to the easement closure. The private sanitary sewer line will be relocated next to the new utility easement dedicated on the plat. All utilities will be relocated at the applicant's expense and a new utility easement will be dedicated via plat on the property. The applicant has submitted a re-plat that is under staff review. The property is located within the Corpus Christi Independent School District and is zoned CG — 2 and the City has not received any zoning variance requests for this property. The applicant has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant's request and have them re-design the proposed carwash business so it does not require the closure of the easement. This will affect the applicant's design plans and may delay the start of the project until a new development plan that does not require the easement closure is created. FINANCIAL IMPACT: There are no financial impacts associated with the closing of the easement. RECOMMENDATION: Staff supports the applicants request for the easement closure. The closure of the easement will support the growth of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a 20-foot wide by approximately 150-feet long (3,000 sq. ft.) utility easement out of Lots 14 - 19, Block 8 in Portairs Addition, located at 4462 Ayers Street. WHEREAS, VIA Real Estate, LLC. (Owner) is requesting the closure, abandonment and vacating of a 20-foot-wide by approximately 150-feet-long, (3,000 sq. ft.) of an existing utility easement located at 4462 Ayers Street; and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate the 20-foot utility easement, subject compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Corpus Christi Code Sec. 49.13, an existing 20-foot-wide by approximately 150-feet long, 0.07-acre (3,000 sq. ft.) utility easement, as shown in Exhibit A & B, being out of Lots 14 — 19 Block 8, Portairs Addition, located at 4462 Ayers Street, as recorded in volume 9, page 27, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of public utility easement closure must be recorded at the Owner's expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20207 by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor STATE OF TEXAS JOB NO. 19-5270E COUNTY OF NUI+JCES 3000 S.F. EASEMENT ALL that certain tract or parcel of land situated in Nueces County, Texas, sane lying within the Corporate City Limits of Corpus Christi, Texas, same being the 20 foot alley and utility easement between Lots 14 to 16 and Lots 19 to 17, Block 8, Portairs Addition as recorded in Volume 9, Page 27 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to wit: COMMENCING at a V2 inch iron rod found for the North corner of said Lot 14, Block 8, same being the West corner of Lot 13 of said Block 8, same lying in the Southeast right-of-way margin of Ayers Street; THENCE, along the common boundary line of said Lots 14 and 13, Block 8, SOUTH 61 degrees 40 minutes 00 seconds EAST 139.50 feet to a point for the Northwest corner of this tract and the point of beginning, same being the common corner of said Lots 1.4 and 13, Block 8, same lying in the Northwest boundary line of said 20 foot Alley and Utility Easement; THENCE, SOUTH 61 degrees 40 minutes 00 seconds EAST 20.00 feet to a point for the Northeast corner of this tract, same being the North corner of said Lot 19, Block 8, same being the 'West corner of Lot 20 of Block 8, same lying in the Southeast boundary line of said 20 foot Alley and Utility Easement; THENCE, along said Southeast boundary line of said 20 foot Alley and Utility Easement and along the Northwest boundary line of said Lots 19, 18 and 17, Block 8, SOUTH 28 degrees 10 minutes 00 seconds NEST 150.00 feet to a point for the Southeast corner- of this tract, same being the Fest corner of said Lot 1.7, Block 8, same lying in the Northeast right-of-way margin of Gollhar Road; f THENCE, along said Northeast right-of-way margin of Gollihar Road, NORTH 61 degrees 40 minutes 00 seconds WEST 20.00 feet to a point for the Southwest corner of this tract, same being the South corner of said Lot 16, Block 8, same lying in the Northwest boundary line of said 20 foot Alley and Utility Easement; THENCE, along said Northwest boundary line of said 20 foot Alley and. Utility Easement and along the Southeast boundary line of said Lots 16, 15 and 14, Block 8, NORTH 28 degrees 10 minutes 00 seconds EAST 150.00 feet to the point of beginning and containing 3000 square feet of land. c 5 I hereby certify that this survey as reflected in the above Field Notes and attached ' plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. E Dated this the_2nd day of_January , 2020. ',p Ronald A. Voss, ;: Registered Professional Land Surveyor No.2293 it ?.�s. 2293 a:' Exhibit A yg B BtJt�°t�� I Exhibit B oLZ S s " k r v �2 � ,6L'G£t x �015's H � v) 8 F 2 �L0.0 S1 0 051 (,il oil'171 t — ------------ --------- — -31 A J I I _ ---i— � I I I I I I i i 1 I I I ( ( I I N I Ln I 1- of 1-0 /tel r-- �- 1.4 I � ro N 11aNNm oo 1i ~J tD r I ( I4 L it ¢� J in t.00�� ______ ____ __J OO�r „ N x =1a s1 lo'oSl I,posl lo't7S1 'ns` Q :� C S0'KI �F M 5� ,90'OSI 3 „Z£ ,ZZ oK N v f; DATE: 01/0212020 } REVISION: Lots 14 to 19, Block S, Portairs Addition CREW: CH & DL Volume 9, Page 27 (M.R.N.C.T.) i ' OFF GF#�CE: RV& PP Corpus Christi, Nueces County, Texas JOB#: 19-5270 WOOD FENCEVOSS ENGINEERINGINCAV [RECORDED] --- --- (MEASURED) WIRE FENCE ENGINEERING & LAND SURVEYING hf 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78495 VINYL FENCE PHONE: 369.854.6202 FAX., 369.853.4696 FIRM NO.F-186 r: n r f r, p �V J Q O v R I ra i I i i t ,m 5 r , f � V ro Ill li � r , r , „ V Ae5.5 EASEMENT CLOSURE BEAR LN ¢ a Portairs Addition EASE'NT Lots 14 - 19, Block 8 s8 � � CLOS ti ry 0 a uuuuuuuuuuuuuuu N h'iyy O � 3,000 S.F. Easement S8 o _ o 'hcy w _ / e ���0 Sy�Sa Ro�F 4o w rrr+rw City LOCATION MAPI ClInsti � o � N 4 � a � V Ca C V G O LM +_+ NO �, U — c/1 V N +� Lm � `O aJ � Q E N W f i U U t .0 I � ��„ > ���1l�11 ! I , V f ✓Di I �� � , Y r ,14j�lrldIIV ✓ii �i � � ✓rm I �9U o�/rc� 7 /%I r w� ' �'���( coli �� � Oy�l�' n .4 �✓11�0J rf�r✓ wµ 91fy� �� a/� � �I� 'I � I�%�f � ��r/i ntt /����I,� ��rnri(✓;Ir �r,M�'�`� �%Aw ! wi I t i V WI da r�j�tir imBai m i wiiiih ✓ I �� �� ��� oui �� �IWI"� it JIW1B ✓Wj� r�� dN (�✓r( 'w i ; � as ! ,� , �� r®i✓� � ri��r"��,.pl tri"' u� !>tr/JN � + ���Y% r V ��(�I�!(�r ,�G✓ /� ��� IdJ ! �„l'���/ ry �yE�I� �VIWp �"�W�rr ! ✓r�� m n� %s�4��y III lr '% • %� ��"�� ,u � r ������/✓r IVB mr"'m, m � � �// UGC r/�� „ V� 6� 16� ���a ✓ �Nl��,r //���"�� r�ww� ` N� I� V � n )� q / � N r4 4EZ n�T N w `w A, � o �ii r Q Y � • I � fir` ,r;�bf� !�� ��, '� /� F w — o 4 ' a� _O M N U v N o O ._ Q U E N o +�-+ N a) 0 >- Q. N E :t— CL rn O O O - U4- o ^♦ Lr) 07 ago ro o �a) N a < (f) Q) 1..` N -0 (/) 07 4-+ 4-j 07 O ' U) C U V� � � N U_ C: U caE " (3) ((A) o :6 a- N ca 0 d AGENDA MEMORANDUM MCURP©Ra,E0 First Reading Ordinance for the City Council Meeting March 17, 2020 1852 Second Reading Ordinance for the City Council Meeting March 24, 2020 DATE: March 13, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinNcctexas.corn (361) 826-1874 Ordinance Revisions for Sunrise Beach RV Park CAPTION: Ordinance to revise procedures and rental fees for use of Sunrise Beach RV Park camp sites effective April 1, 2020 SUMMARY: The purpose is to update the ordinance to revise procedures for use of Sunrise Beach RV Park and to update rental fees for weekly and monthly use. The City assumed operation of the Park in January 2009, and the fees were temporarily updated in 2019. Inflation calculations from 2011- 2018 along with a comparison of fees from Mustang Hollow RV Park, Hatch RV, Ransom RV, Naval Air Station Corpus Christi RV, On the Beach RV, Padre Balli RV, Puerto del Sol RV, and Padre Balli RV parks were used to develop the revised Sunrise Beach rental fees. BACKGROUND AND FINDINGS: Sunrise Beach Park is located approximately four miles southwest of Mathis and at the north end of Wesley E. Seale Dam. The Park is 27 acres in size and has approximately one mile of shoreline on Lake Corpus Christi. Sunrise Beach Park was operated by private individuals under contract with the City of Corpus Christi Water Department until January 1, 2009, when the Water Department assumed operation of the Park. The revisions to the ordinance for Sunrise Beach include code enforcement authority for City personnel, recreational vehicle permitted site use by renters, and revised fees. RV Park fees were established in 2009 and last updated in 2011. All camp site rental fees include two occupants, with the fee for each additional occupant remaining the same as before ($4). Daily and overnight fees will also remain the same. Children aged 6 and under remain free. ALTERNATIVES: Maintain the current ordinance and fee structure, however this would limit the enforcement ability by staff and the current fees would not fully support the expense of maintaining the RV park. FISCAL IMPACT: Revenues will increase or decrease depending on visitor usage and length of stay and if visitors will pay the higher weekly and monthly fees. RECOMMENDATION: Staff recommends approval of this ordinance to revise procedures and fees for Sunrise Beach camp sites. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance to revise procedures and rental fees for use of Sunrise Beach RV Park camp sites effective April 1, 2020 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,that: SECTION 1. Section 12-108 of the Corpus Christi Code of Ordinances, is amended to read as follows: Sec. 12-108. - Sunrise Beach recreation site. (a) The Director of Water Utilities or designee is authorized to prepare and sign standard user or rental agreements for the rental of camp sites,recreational vehicle parking spaces, and other facilities and equipment at the City's Sunrise Beach recreation site on Lake Corpus Christi. All rental agreements must be signed by the Director of Water Utilities or designee under the following conditions: (1) The form of every rental agreement must be approved by the city attorney, or designee, but the city attorney, or designee, is not required to sign the approval on each document executed under this section. (2) All blanks must be filled in and the information required by the standard form document must be provided. (3) Verbal arrangements to rent are not recognized under any circumstances. (4) This section, the standard form documents for the rental agreements, and rules for the operation of the Sunrise Beach recreation site constitute the whole agreement between the parties and may not be altered unless done so in writing, signed by authorized representative of both parties, and approved by the city attorney, or designee. (5) All rental agreements must provide that parties contracting for the use of city's facilities or other property hold the city harmless from any and all liability for any claim or claims as a result of use of the premises, equipment, or other property and must indemnify the city in case of any claims resulting from their operations, use, or occurring as a result of their occupancy of the premises or use of property and all agreements shall specifically include such provisions. (6) Rental agreements may not be assigned without the prior written authorization of the Director of Water Utilities of designee. 7 "ire r;rrtal a:rr;c;rru ;rrt is lirruit;rl to tkre s�;cif c trader site area idetitif ed irr the agree iietit. (8) C:rrtdoorstor ru:re of e�grritrrru ;rrt arrrl rruat;rials is t�rokribiterl. ..�ecl:s/l�atuos acrd airy other cotis.:l.i..—t;u »............a�r�>hibited.. (9 ehicles that.were on ginall manr.r_fac�tt.rred t.�> �r�>wide tem��>rar livin r.r.arters f�>r recreati�>nal canr,in or travel r.r.se. .... .... .constl rrc ted .wrtlr ut],,tegraI wheels to nia e it.a olrile acrd/or towable mLYtor vehicle. irrclr;udirr rruttiot limited tocamNtailerstra el trailersdfrd rrotor ornes. , ,; (10.) � � � -)r conductit g ill gal or dat ities in Sunrise Beach will result in irtirtiediate eviction Frorn Sturrise Beach withot.rt re�..Ij.!.ired notice of violation. � | ite is lirnitedto one rnotor vehicle and j are only allowed for daily use and prohibited for permanent use certifiedLI 3) The Sturrise Beach staff is at.r[horized 'to ban an one in the Sturrise Beact tenants or staff,, follows: Whenever it. is detern ine are g 'to believe there has been a viol ati on ..of an rovision ofthis Section tfles reasons For its isstmtice tenant, I j�..�ided that stjch notice shall be deerned 'to have been j�2 remedial action that if taken will effect C0111.1 jance With this Sec. tiotg an Lvi) Provide that tvfter till (b) The Director of Water Utilities or designee shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the property or facilities, and the Director of Water Utilities or designee may refuse to enter into any nanto| ognaonnont until any and all amounts duo the city byany applicant or organization, or byany organization, which the applicant hos roprosontod, have been paid in full. (o) The Director of Water Utilities or designee may enter rented facilities for the purpose of ensuring that parties comply with the provisions of this section, the rules, or the applicable rental agreement. (d) The Director of Water Utilities or designee shall publish rules governing the operation of the city's Sunrise Beach recreation site, which may include, but are not limited to, the length ofstay; deposits required; |oto foos, service ohorgos, and application fees; nnointononoo and repair of oonnp sitos, recreational vehicle parking spaces, and other facilities and equipment; disposal of solid waste; use of city provided utility services; use ofcity provided common facilities; hours ofoperation of facilities; and standards of conduct. The rules must be approved by the city attorney, or designee. (o) The Director of Water Utilities or designee shall charge the following opp|ioob|o fees for use of the Facility Fee Daily Use Automobile (1 or two passengers) $10.00 Additional passengers 4.00 Children (6 and under) Free Watercraft Trailer 10.00 Overnight Primitive Tent Camping (no electricity or water) 111"00 5 5'C() Automobile or RV Dry 5aurnlp. n5 (1 or two occupants) $30,00 Additional occupants 4.00 Children (6 and under) Free oe`aRI, ht an4plRg ((fleet �ekyand wat&2 qe"v�dQ,4 .) 5•I'rfld 4,."R...'(6 aRCp°°'°aw4llr!CR4,F) Pi Q,?e Overnight Camping ((fllectirlibty and water Il ira°M ded, sewer at ara°brne ca rrip sr tes) RV(1 or two occupants) $35.00 Additional occupants 4.00 Children (6 and under) Free Weekly site Monthly site SECTION 2. |ffor any reason any section, paragraph, subdivision, clause, phrase, word, O[ provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, itshall not affect any other section, paragraph, subdivision, clause, phrase, vvond, or provision of this ondinanoe, for it is the definite intent of this City Council that every sect|on, para0raph, subdivision, o|ause, phrase, vvord, or provision hereof be given full force and effect for its purpose. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This Ordinance takes effect after publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of . 2020. by the following vote: Joe McComb Michael Hunte Ro|andBarrera Ben Molina Rudy Garza Everett Roy Paulette M. Gu jardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2020. bythe following vote: Joe McComb Michael Hunte Ro|andBarrera Ben Molina Rudy Garza Everett Roy Paulette M. Gu jardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of 12020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor O O N 4-J O cc N a--j 71, i V L m O. 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