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Agenda Packet City Council - 01/10/2023
o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,January 10,2023 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Father Pete Elizardo, Corpus Christi Cathedral. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Victoria Gonzales, Senior at W. B. Ray High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-0124 Flint Hills Oil Spill Clean Up Status Update 2. 23-0125 Mud Bridge Restoration Update 3. 23-0126 37th Annual MLK 2023 Events Calendar Overview City of Corpus Christi Page 1 Printed on 1/9/2023 City Council Meeting Agenda-Final-revised January 10, 2023 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. SPECIAL APPOINTMENTS: (ITEMS 4 - 6) 4. 23-0034 Mayoral Appointments to Audit Committee and Municipal Court Committee sponsors: City Secretary's Office 5. 23-0048 Motion appointing Mayor Paulette M. Guajardo and Council Members Roland Barrera, Gil Hernandez, Michael Hunter, Mike Pusley, Jim Klein, Everett Roy, Sylvia Campos and Dan Suckley as the Board of Directors of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. sponsors: City Secretary's Office 6. 23-0033 Motion to approve the 2022-2024 Mayor Pro Tem service schedule. sponsors: City Secretary's Office H. BOARD &COMMITTEE APPOINTMENTS: 7. 23-0043 Reinvestment Zone No.3 (Downtown) Board I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 8 - 19) 8. 23-0072 Approval of the December 20, 2022 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 9. 22-2079 Ordinance accepting two Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grants in the amount of $276,171.44 (Category B - emergency measures and Category Z - management costs) including local match of$26,302.04 from the Texas City of Corpus Christi Page 2 Printed on 1/9/2023 City Council Meeting Agenda-Final-revised January 10, 2023 Division of Emergency Management (TDEM). Sponsors: Finance &Procurement 10. 22-1997 Ordinance authorizing the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $412,000.00 from the Golf Fund and $1,160,000 from the anticipated Certificates of Obligation for increased construction costs for improvements to the Lozano Golf Center Executive Nine Hole Course and practice range; appropriating $412,000 from the Golf Fund; and amending the operating and capital budgets. Sponsors: Parks and Recreation Department 11. 22-2095 Ordinance adopting a new Westside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Westside Area Development Plan adopted by ordinance #22166; and amending the Plan CC Comprehensive Plan. Sponsors: Planning Department 12. 23-0005 Ordinance authorizing a Water Arterial Transmission Grid Main Construction Reimbursement Agreement ("Agreement") up to $471,488.10 with Cypress Point Capital, LLC ("Developer") to construct a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $471,488.10 to reimburse the developer in accordance with the agreement. Sponsors: Development Services Consent- Contracts and Procurement 13. 22-1395 Motion authorizing a three-year service agreement with Miller Environmental Services, LLC, of Corpus Christi, for an amount not to exceed $136,900.00, for emergency spill response and remediation services for the Public Works Department with FY2023 funding of $45,635.00 from the Storm Water Fund. Sponsors: Public Works/Street Department and Finance &Procurement 14. 22-1811 Motion authorizing a one-year service agreement with Viking Painting, LLC, of La Vista, Nebraska, for$212,500.00 to paint Corpus Christi Water's new logo on four water storage tanks, with FY 2023 funding from the Water 2023 Revenue Bonds Fund. Sponsors: Corpus Christi Water and Finance &Procurement 15. 22-1921 Motion authorizing the purchase of an additional, new playground unit and a new three-bay swing set for West Guth Park from Cunningham Recreation of Charlotte, North Carolina,for a total amount of$63,719.44, City of Corpus Christi Page 3 Printed on 1/9/2023 City Council Meeting Agenda-Final-revised January 10, 2023 with funding from Bond 2020 Sponsors: Parks and Recreation Department and Finance &Procurement Consent- Capital Projects 16. 22-1963 Motion authorizing a professional services contract with CP&Y Inc., San Antonio, Texas, to provide a 30% Preliminary Engineering Report for the O.N.Stevens Water Treatment Plant Navigation Pump Station Improvements in an amount not to exceed $280,213.00, with FY 2023 funding available from Water Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Contracts and Procurement General Consent Items 17. 22-1996 Motion authorizing agreements between the City of Corpus Christi and South Texas Institute for the Arts, Inc., The Botanical and Nature Center of South Texas, Inc., and Texas State Aquarium Association from October 1, 2022 through September 30, 2023 wherein the City shall provide funding on a reimbursement basis through the FY 2022-23 Hotel Occupancy Tax Fund in a total amount not to exceed $375,000.00 to South Texas Institute for the Arts, Inc., $70,000 to The Botanical and Nature Center of South Texas, Inc., and $310,000.00 to Texas State Aquarium Association with funds available in the Hotel Occupancy Tax Fund. Sponsors: Parks and Recreation Department Consent-First Reading Ordinances 18. 23-0019 Ordinance appropriating $1,300,000 from the settlement of State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsion, Inc., which was previously approved by City council on September 21, 2021, and which may only be used for a backflow prevention program in accordance with the settlement documents; and amending the operating budget. Sponsors: Corpus Christi Water 19. 23-0098 Ordinance authorizing an amendment of the current contract with Sinister, LLC for a monthly rent rate of$100 for the second option year of the city owned property located at 1401 Leopard Street for a parking lot. Sponsors: Asset Management Department K. RECESS FOR LUNCH L. PUBLIC HEARINGS: M. INDIVIDUAL CONSIDERATION ITEMS: City of Corpus Christi Page 4 Printed on 1/9/2023 City Council Meeting Agenda-Final-revised January 10, 2023 N. BRIEFINGS: (ITEM 20) 20. 22-2017 Briefing to City Council on the operational updates from the Art Museum of South Texas. sponsors: City Manager's Office O. EXECUTIVE SESSION: P. ADJOURNMENT City of Corpus Christi Page 5 Printed on 1/9/2023 37T H AN N UAL MLK COMMEMORATIVE MARCH SCHEDULE OF VIRTUAL SOCIAL JUSTICE FORUM THU 12 6:00 P.M. CST REGISTER INFO: WWW.CCTEXAS.COM/MLK SAT 14BLACK CHAMBER BUSINESS MIXER/PRAYER BREAKFAST 9:00 A.M. - 11:00 A.M. LOCATION: EMERALD BEACH HOTEL KOKOMO'S BALLROOM SAT 1453RD ANNUAL MLK NAACP FREEDOM FUND GALA 6:00 P.M. LOCATION: SOLOMON ORTIZ CENTER INTER-FAITH PRAYER SERVICE SUN 15 6:00 P.M. LOCATION: BROOKS WORSHIP CTR. YWCA RACIAL JUSTICE FORUM MON16 10:00 A.M. CITY HALL 6TH FLOOR BAY-VIEW ROOM MARCH COMMENCEMENT PROGRAM MON 16 11:30 A.M. CITY HALL STAPLES SIDE jL M 0 N J .�^wl��LE L�C Lti�I-L V� �vt L"%'��.Lz 12:00 P.M. NOON CITY HALL STAPLES SIDE MARCH CULMINATING PROGRAM MON CHURCH OF THE GOOD SHEPERD �w rca M1 e se o H U NIORPORpI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting January 10, 2023 DATE: January 4, 2023 TO: Mayor & Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Mayoral Appointments to Audit Committee and Municipal Court Committee CAPTION: Mayoral appointments to Audit Committee and Municipal Court Committee PURPOSE: At the beginning of each council term, the Mayor appoints four council members to each city council committee: the Municipal Court Committee and the Audit Committee. The mayor also appoints the chair of each committee. BACKGROUND AND FINDINGS: The Audit Committee provides guidance to and oversight of the city auditor's office in the performance of its responsibilities. (City Code, Sec. 29-54) The Municipal Court Committee provides oversight responsibilities for municipal court judicial operations and monitoring judges (appointment, annual review and salary oversight). (City Code, Section 12'/2.3) Mayor Guajardo is making the following appointments: Audit Committee Chair: Gil Hernandez Members: Jim Klein, Everett Roy, Dan Suckley Municipal Court Committee Chair: Roland Barrera Members: Sylvia Campos, Michael Hunter, Mike Pusley se 0 0 � U /NyNgPpAjfO AGENDA MEMORANDUM Ys�2 Action item for the City Council Meeting of January 10, 2023 DATE: December 15, 2022 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccaha_cctexas.com (361) 826-3105 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Mayor Paulette M. Guajardo and Council Members Roland Barrera, Gil Hernandez, Michael Hunter, Mike Pusley, Jim Klein, Everett Roy, Sylvia Campos and Dan Suckley as the Board of Directors of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. SUMMARY: This is a motion appointing Mayor Paulette M. Guajardo and Council Members Roland Barrera, Gil Hernandez, Michael Hunter, Mike Pusley, Jim Klein, Everett Roy, Sylvia Campos and Dan Suckley as the Board of Directors of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. BACKGROUND AND FINDINGS: The City has two corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). The CCHFC and CCIDC require that the City Council make the appointments. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Board sheets which contain the duties and compositions for each corporation. CORPUS CHRISTI HOUSING FINANCE CORPORATION Nine(9)vacancies with terms to 12-13-2024.Historically,Council Members have been appointed to the board. Duties The Corpus Christi Housing Finance Corporation manages the property and business of the Corporation;to issue tax exempt housing bonds;to approve interest reduction payments for housing development according to approved guidelines. Composition The number of Directors which shall constitute the whole Board shall be nine.The initial Directors shall serve for a period coterminous with the terms of City Council members at the time of adoption of these bylaws.The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members.Section 4.01.The officers of the corporation shall be chosen by the Board of Directors.The Board of Directors shall choose from its members a President and a Vice President.The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors.The Board of Directors shall,by majority vote of all members,designate a General Manager of the corporation.The Board of Directors also shall have the option,by a majority vote of all members,to designate an Assistant General Manager of the corporation.The General Manager and the Assistant General Manager shall not be members of the Board of Directors,but shall serve at the pleasure of the Board of Directors,and shall be under their supervision.Any two or more offices may be held by the same person, except the offices of President,Secretary and General Manager. Creation/Authority Organized in accordance with Texas Housing Finance Corporation Act,Article 1291-7,V.A.T.C.S. Meets Member size Term length Staff liaison Regular meetings on call;Special meetings may be called by the President, 9 2 years Jennifer Buxton Secretary or on written request of 2 directors. Annual meeting of the Board of Directors held during a City Council meeting in February of each year. OfficeName Paulette Guajardo Mayor 2 12/14/2018 12/13/2022 City Council Eligible for reappointment Michael T.Hunter At-Large 2 12/14/2018 12/13/2022 City Council President Eligible for reappointment Mike Pusley At-Large 1 1/26/2021 12/13/2022 City Council Eligible for reappointment Roland Barrera District 3 1 2/19/2019 12/13/2022 City Council Vice-President Eligible for reappointment Gil Hernandez District 5 1 2/19/2019 12/13/2022 City Council Eligible for reappointment John Martinez At-Large 11 1/26/2021 12/13/2022 lCity Council I Met City Council Term Billy Lerma District 1 1 1/26/2021 12/13/2022 City Council Met City Council Term Ben Molina District 2 2 12/14/2018 12/13/2022 City Council Met City Council Term Greg Smith District 4 2 12/14/2018 12/13/2022 City Council Met City Council Term 1-10-2023 CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION Nine(9)vacancies with terms to 12-13-2024.Historically,Council Members have been appointed to the board. Duties The Corpus Christi Industrial Development Corporation manages the property and business of the corporation;to promote development of commercial,industrial, manufacturing,etc.,by assisting in project financing by issuing tax-exempt revenue bonds. Composition Board of Directors-Bylaws specify that 9 Council Members shall serve;term to be concurrent with terms of the City Council Members;officers chosen by Board of Directors. Creation/Authority Charter No.525742,July 18,1980,Secretary of State,in accordance with Development Corporation Act of 1979. Bylaws amended on 8-11-72 to delete Section 2.02; Bylaws amended 9-14-83,to increase number of Directors from 7 to 9 members. Meets Member size Term length Regular meetings on call;Special meetings-may be called by President on 9 2 years 3 days notice to each Director. Annual meeting of the Board of Directors held during a City Council meeting in February of each year. OfficeName Paulette Guajardo Mayor 2 12/14/2018 12/13/2020 City Council Eligible for reappointment Michael T.Hunter At-Large 2 4/19/2016 12/13/2020 City Council Eligible for reappointment Roland Barrera District 3 1 12/14/2018 12/13/2020 City Council Eligible for reappointment Gil Hernandez District 5 1 12/14/2018 12/13/2020 City Council Eligible for reappointment Joe McComb 2 12/14/2018 12/13/2020 City Council Met City Council Term Ben Molina District 2 2 12/14/2018 12/13/2020 lCity Council I I Met City Council Term Greg Smith District 4 2 12/14/2018 12/13/2020 City Council Met City Council Term Everett Roy District 1 2 12/14/2018 12/13/2020 City Council Met City Council Term Rudy Garza At-Large 3 12/14/2018 12/13/2020 City Council Met City Council Term 1-10-2023 se o H U NIORPORpI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting January 10, 2023 DATE: January 4, 2023 TO: Mayor & Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Approval of 2022 — 2024 Mayor Pro Tem Schedule CAPTION: Motion to approve the 2022-2024 Mayor Pro Tem service schedule. SUMMARY: Article II, Section 4 of the City Charter provides that the city council shall nominate and confirm one of the council members who shall be known and designated as mayor pro tem. Traditionally, Mayor Pro Tem duties are assigned to each Council member on a rotating basis. The Council confirms the schedule by motion. Mayor Guajardo is recommending the following schedule: Begin Date Date • (On Mon.) Council Member 1/10/2023 4/10/2023 Gil Hernandez 4/11/2023 7/10/2023 Michael Hunter 7/11/2023 10/09/2021 Mike Pusley 10/10/2023 1/08/2024 Dan Suckley 1/09/2024 4/08/2024 Everett Roy 4/9/2024 7/08/2024 Jim Klein 7/09/2024 10/07/2024 Sylvia Campos 10/08/2024 End of Council term Roland Barrera REINVESTMENT ZONE NO.3(DOWNTOWN)BOARD Seven(7)vacancies with the terms to 02-28-2024 and 02-28-2025.(Appointment of Chairman for one-year term beginning January 1,2023.Historically,Council Members have been appointed to the board). Duties The Reinvestment Zone No.3 Board shall make recommendations to the City Council concerning the administration of the zone.(The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA-Town complex at the north end,south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital,and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011,Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. Composition The Board shall consist of twelve(12)members. The members shall be appointed as follows:Pursuant to Sec.311.009(a),Tax Code,the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone,if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone,may appoint one(1)member of the Board. These entities include:Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten(10)members,with one reserved for a representative from the Downtown Management District,and the board may exceed twelve(12) members if necessary for the City Council to make said ten(10)appointments. To be eligible for appointment an individual must be a qualified voter of the City;or be at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year.Officers must be appointed as provided in the Act.Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Creation/Authority Meets Member size Term length/limit Staff liaison Ord.No.027996,12/16/08;Ord.No.028136,04/28/09; 4th Tuesday of the month at 12 2 years/N/A Joe Escobar Ord.No.029403,3/2/12;and Ord.No.030286,9/16/14. 9:30 a.m.,Council Chambers. OfficeAppointing Name Paulette Guajardo Mayor 3 12/20/2016 2/28/2023 City Council Eligible for reappointment City Gil Hernandez District 5 2 1/15/2019 2/28/2023 City Council Eligible for reappointment City Roland Barrera District 3 2 1/15/2019 2/28/2023 City Council Eligible for reappointment City John Martinez At-Large 1 1/12/2021 2/28/2023 City Council Met City Council Term City Greg Smith District 4 3 12/20/2016 2/28/2023 City Council Met City Council Term City Billy Lerma 1 District 1 11 1/12/2021 2/28/2023 lCity Council 1 Chair 1 Met City Council Term City Ben Molina I District 2 14 12/20/2016 2/28/2024 ICity Council I I Met City Council Term Icity 1-10-2023 Appointing Name Office Term Appt.date End date Authority Position Status Category Barbara Canales 1 1/6/2021 2/28/2024 Nueces County Active County Michael T.Hunter At-large 4 4/19/2016 2/28/2024 City Council Active City Mike Pusley At-Large 2 1/12/2021 2/28/2024 City Council Vice-Chair Active City Downtown James Sedwick 1 12 3/24/2020 2/28/2024 lCity Council I jActive Management District Susan Hutchinson 1 12 4/23/2019 2/28/2024 1 Del Mar College I jActive IDel Mar 1-10-2023 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, December 20,2022 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:36 a.m. B. Invocation to be given by Pastor, David Bendett, Rock City Church. Pastor, David Bendett, Rock City Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Haley Zepeda, Sophomore at Roy Miller High School. Haley Zepeda, Sophomore at Roy Miller High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. 1. 23-0049 Staff Announcement Nadia Chandler Hardy, Assistant City Manager City Manager Zanoni introduced Assistant City Manager Nadia Chandler Hardy. She will oversee Parks and Recreation, Corpus Christi International Airport, Libraries, and Information Technology. She has 15 years of government experience. City of Corpus Christi Page 1 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 2. 23-0050 FY 2022 4th Quarter Budget and Finance Update City Manager Peter Zanoni presented information on the FY 2022 4th Quarter Budget and Finance Update: presentation overview; FY 2022 year end timeline; FY 2022 general fund revenues; FY 2022 general fund expenses; general fund balance; HOT tax revenue; HOT tax expenses; water fund revenues and expenses; summary; and next steps. 3. 23-0051 Mud Bridge Repair Update by Ernesto De La Garza, Director of Public Works Director of Public Works Ernesto De La Garza presented information on the following topics: background and history of mud bridge; traffic control plan; updates on repair work; next steps; example pictures-east side; and example pictures-west side. Council Members, Director De La Garza, and City Manager Zanoni discussed the following topics: the estimated time for the repairs to the Mud Bridge is about a month; TxDOT granted $20 million to completely replace the Mud Bridge; and there are major safety concerns with working at night underneath the bridge, so that is not an option. 4. 23-0053 2022 United Way Charitable Campaign Recap City Manager Peter Zanoni announced that $155,000 was raised for the United Way Charitable Campaign. President and CEO at United Way of the Coastal Bend Libby Averyt thanked City Manager and the Library Department for organizing this campaign. 5. 23-0054 37th Annual Martin Luther King Jr. Commemorative March on Monday, January 16, at City Hall City Manager Zanoni announced the 37th Annual Martin Luther King Jr. Commemorative March on Monday, January 16, at City Hall. President of Corpus Christi Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Nikela Pradier stated that the Martin Luther King Jr. Commemorative March will now begin at City Hall, and thanked city staff for their help in organizing this event. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Jay Gardner, 3922 Sweet Bay Dr., thanked all Council Members for their dedication and work to the City. Lorenzo Garza Jr., 3517 Mimosa Dr., spoke regarding discrimination and property issues. Gary Jaskier, 325 Doddridge Rd., spoke about his concern of vehicles speeding on the 300 block of Doddridge Road. City of Corpus Christi Page 2 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Lisa Gerdes, 3636 Monterrey St., thanked all Council Members for their assistance on Item 26. Clent Mericle, 3221 Olsen Dr., spoke regarding his concern about closing the Collier swimming pool during the holidays. Michael Miller, 5110-b, IH 37, spoke regarding a bid protest pertaining to Item 37. Shirley Thornton, 1917 Woodcrest Dr., thanked Council Members for their service and the need for emergency services in Flour Bluff. Adam Rios, 7301 Tangled Ridge Court, spoke in support of BMX bikes at Salinas Park. Alissa Mejia, 41 Camden Place, spoke in support of Item 23, Salinas Park connectivity. Susie Luna Saldana, 4710 Hakel Dr., spoke in support of hiring locally owned businesses. The following citizen submitted a written public comment which is attached to the minutes: Julie Rogers, 710 Furman Ave. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 6 - 31) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Items 6, 16, 17, 18, 19, 20, 23, 26, 27, 29 and 31 for individual consideration. A motion was made by Council Member Pusley, seconded by Council Member Molina to approve the Consent Agenda with the exception of Items 6, 16, 17, 18, 19, 20, 23, 26, 27, 29 and 31. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 6. 23-0022 Approval of the December 6, 2022 Regular Meeting Minutes Mayor Guajardo referred to Item 6. Council Member Hernandez asked to pull this item to change his vote from "Aye" to "Abstain" on Item 7. City of Corpus Christi Page 3 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Council Member Hernandez made a motion to amend the minutes as stated, seconded by Council Member Smith. Council Member Hernandez made a motion to approve the minutes as amended, seconded by Council Member Smith. The Minutes were approved as amended with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Consent-Second Reading Ordinances 7. 22-1955 Ordinance authorizing the acceptance of a grant in an amount of$281,193.79 from the State of Texas, Criminal Justice Division for the Victims of Crime Act Grant with an in-kind match of$18,080.00 for the Corpus Christi Police Department's Victim Assistance Program; and appropriating $281,193.79 in the Police Grants Fund; and authorizing five full-time positions. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032931 8. 22-1956 Ordinance authorizing acceptance of a grant in an amount of$47,393.76 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$13,351.61 and in-kind match of$6,960.00; and appropriating $60,745.37 in the Police Grants Fund; and authorizing one full-time civilian position for a Victim Case Manager. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032932 9. 22-1958 Ordinance authorizing acceptance of a grant in an amount of$45,776.00 from the State of Texas, Criminal Justice Grant Program for the Edward Byrne Memorial Justice Assistance Grant for the purchase of six additional in-car video systems for the Corpus Christi Police Department; and appropriating $45,776.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032933 10. 22-1959 Ordinance authorizing acceptance of a grant in an amount of$150,000.00 from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a 3D laser scanner for the Corpus Christi Police Department's Forensic Services Division; and appropriating $150,000.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 4 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Enactment No: 032934 11. 22-1810 Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of$10,000.00 for the Corpus Christi Police Department Crime Reduction Unit to purchase supplies used to promote and support Neighborhood on Watch groups throughout Corpus Christi; and appropriating $10,000.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032935 12. 22-1960 Ordinance authorizing the acceptance of a grant in the amount of$415,806.00 from the Assistance to Firefighters Grant Program, for incident command training, water rescue training, and purchasing personal protective equipment for the Corpus Christi Fire Department's technical rescue program, with a City cash match of$37,800.55; and appropriating $415,806.00 in the Fire Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032936 13. 22-1800 Ordinance authorizing acceptance of a $1,000 grant from NuStar Logistics L.P. for the purchase of supplies and equipment for the Corpus Christi Fire Department's HazMat Program; and appropriating $1,000 into Fire Grant Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032937 14. 22-2099 Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on December 6, 2022, which adds a program for funding of Technology, Innovation and Entrepreneurial Ecosystem Development. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032938 15. 22-1984 Case No. 1022-02, Mc Ts and Associates, LLC. (District 4): Ordinance rezoning a property at or near 14909 Granada Drive from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032939 City of Corpus Christi Page 5 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 16. 22-2001 Case No. 1022-04 James Jones (District 2): Ordinance rezoning a property at or near 3301 South Staples Street from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (Requires 2/3 Vote) Mayor Guajardo referred to Item 16. Council Member Hernandez requested to pull this item to vote no, as he did on first reading. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: 032940 Consent- One-reading Ordinances 17. 22-1598 One-Reading Ordinance increasing Engineering Inspection Fees; approving the addition of four full-time positions with required salaries, benefits, and equipment to the Engineering Services Department budget; and amending the FY 2023 Operating Budget with funding coming from the FY 2023 Capital Improvement and Operational Budgets as required.(Requires 2/3 Vote) This Item was withdrawn. 18. 22-2068 One-Reading Ordinance authorizing a five-year Lease Agreement with Coastal Bend Cricket Club which will allow for Coastal Bend Cricket Club to have access to, and use of a cricket pitch that will be constructed by the City at the Westside Pony Field #2, located at 4033 Greenwood Drive, within the boundary of Salinas Park. (Requires 2/3 Vote) Mayor Guajardo referred to Item 18. Council Members and Director of Parks and Recreation Robert Dodd discussed the following topics: a Council Member's concern whether the language in this agreement clarifies that when the Cricket Club is not using Salinas Park, it does not restrict the public from using it; and Brockhampton Park was not considered because of its size. Council Member Pusley made a motion to approve the ordinance, seconded by Council City of Corpus Christi Page 6 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Member Molina. This Ordinance was passed on emergency and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032941 19. 23-0017 One-Reading Ordinance authorizing a 75-month license agreement with Texas Market Research Group, L.L.C. for use of 121 parking spaces at the City parking lot located at 900 Mann Street during specified hours. (Requires 2/3 Vote) Mayor Guajardo referred to Item 19. Council Members, Director of Finance Heather Hurlbert, City Manager Peter Zanoni, and Redevelopment Officer Jason Alaniz discussed the following topics: this is a city owned parking lot; the City has the right to terminate this agreement if a developer would like to use this location; and there are alternative parking locations if the city terminates this agreement. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 032942 20. 23-0027 One-Reading Ordinance abandoning and vacating utility easements totaling 4,000.05 square feet out of Flour Bluff Center, Block 6, Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40, located at 9825 and 9841 South Padre Island Drive; conditioned on the dedication of a replacement easement. Mayor Guajardo referred to Item 20. Council Members stated that this is a good news item because it's great for the City and Flour Bluff, and thanked staff and Director of Rising Tide Ministries Lisa Gerdes for their work. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on emergency and approved with the City of Corpus Christi Page 7 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 032943 Consent- Contracts and Procurement 21. 22-1896 Motion authorizing the purchase of six additional self-contained breathing apparatus air-paks and cylinders from HEAT Safety Equipment LLC., of Von Ormy, Texas, through the HGACBuy Cooperative, for$54,563.30 to be utilized by the Fire Department, with FY 2023 funding from the General Fund. (Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-176 22. 22-2105 Resolution authorizing a five-year license agreement with Infor US, Inc., of New York, New York, for a Workforce Management ("WM") software module for time management to assist Human Resources and Payroll in improving employee timekeeping, automating workflows, and shortening the time to process payroll for a total amount of$1,039,996.16 and authorizing an agreement with The Arcanum Group, Inc., of Aurora, Colorado, for implementation of the WM module for $562,552.00, with FY 2023 funding of$758,877.00 from the Information Technology Fund. (Requires 2/3 Vote) This Resolution was passed on the consent agenda. Enactment No: 032944 Consent- Capital Projects 23. 22-1247 Motion awarding a construction contract to Mako Contracting, Corpus Christi, TX, for the Salinas Park Connectivity project, located in Council District 3, in an amount of$302,156.10 with FY 2023 funding available from the Park CIP Fund. (Requires 2/3 Vote) Mayor Guajardo referred to Item 23. Mayor Guajardo stated she pulled this item to recognize that it's a good news item in that Salinas Park is being integrated with Airport Park. Mayor Guajardo made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: City of Corpus Christi Page 8 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: M2022-177 General Consent Items 24. 22-2096 Resolution Approving the Calendar Year 2023 Annual Audit Plan to be implemented by the City Auditor's Office. This Resolution was passed on the consent agenda. Enactment No: 032945 25. 23-0028 Resolution authorizing a developer participation agreement with MPM Development, LP to reimburse developer up to $192,253.75 for the City's share of the cost to construct Lady Alexa Drive (formerly Iron Throne Drive). (Requires 2/3 Vote) This Resolution was passed on the consent agenda. Enactment No: 032946 26. 23-0021 Resolution authorizing a Substantial Amendment to the City of Corpus Christi's FY2020/PY2019 Consolidated Annual Action Plan for U.S. Department of Housing and Urban Development funds reducing the Emergency Solutions Grant COVID allocation from $2,667,276 by $533,147.46 to $2,134,128.54; allocating $1,144,611.54 to The Salvation Army for construction of temporary housing; authorizing the execution of all necessary documents to submit the Substantial Amendment; and further authorizing the execution of all documents necessary to implement the Substantial Amendment. Mayor Guajardo referred to Item 26. Council Members, Director of Neighborhood Services Linda Stewart, City Manager Peter Zanoni and Case Manager Specialist of The Salvation Army Kyle Knutson discussed the following topics: the funding will be used to remodel and expand a gymnasium to add 120 permanent shelter beds; and the Salvation Army will be open from Thursday night until Monday morning due to the inclement weather. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Lerma. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 9 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 Enactment No: 032947 27. 22-2071 Resolution approving the Program for Public Information, a community outreach campaign to help residents plan for and protect themselves from flooding and other disasters, as part of the City's participation in the Community Rating System Program (CRS). Mayor Guajardo referred to Item 27. Mayor Guajardo stated that this is a good news item in that it will provide a 20% discount on flood insurance policies. Mayor Guajardo made a motion to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 2- Council Member Hernandez and Council Member Hunter Abstained: 0 Enactment No: 032948 28. 22-2025 Motion authorizing six Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: one with Service Corps of Retired Executives (SCORE), one with Texas A&M University-Corpus Christi, and four with Del Mar College for a total amount not to exceed $675,000 to support small businesses within the City of Corpus Christi. (Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-178 29. 22-2054 Resolution authorizing execution of an Interlocal cooperation agreement with the Corpus Christi Downtown Management District for dockless vehicle cleanup services in the annual amount not to exceed $41,250.00, with funding available in the Dockless Vehicle Fund. (Requires 2/3 Vote) Mayor Guajardo referred to Item 29. Council Members and Director of Finance Heather Hurlbert discussed the following topics: the City is still in the process of geofencing the scooters; the Downtown Management District Clean Team will dedicate a minimum of 20 hours per week to City of Corpus Christi Page 10 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 dedicated scooter cleanup; the money received from the scooters will go to a dedicated fund, any profit goes to downtown improvements; and the goal is to have the drop zones identified by March 2023. Council Member Pusley made a motion to table this item, seconded by Council Member Lerma. This Item was tabled with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: Consent-First Reading Ordinances 30. 22-2079 Ordinance accepting two Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grants in the amount of$276,171.44 (Category B - emergency measures and Category Z - management costs) including local match of$26,302.04 from the Texas Division of Emergency Management (IDEM). This Ordinance was passed on first reading on the consent agenda. 31. 22-2030 Ordinance authorizing a 30-year ground lease, with two five-year options to extend, with Corpus Christi Renewables, LLC, for the development, management, operation, and sale of processed landfill gas at the Cefe Valenzuela Landfill in exchange for a monthly royalty payment; and providing for publication. (28-day delay required between readings) Mayor Guajardo referred to Item 31. Council Members and Director of Solid Waste David Lehfeldt discussed the following topics: this is a good news item; thanked staff for moving the City forward environmentally; and the net gain for solid waste is $320,000 plus any other royalties produced. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Lerma Abstained: 0 J. RECESS FOR LUNCH City of Corpus Christi Page 11 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Mayor Guajardo recessed the Council meeting for lunch at 1:44 p.m. Executive Session Item 48 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:05 p.m. K. RECESS TO CORPORATION MEETING: (ITEM 32) Mayor Guajardo recessed the Council meeting at 4:01 p.m. for the Corporation Meeting. 32. 23-0030 North Padre Island Development Corporation Special Meeting This Corporation Meeting was held. L. RECONVENE CITY COUNCIL MEETING: Mayor Guajardo reconvened the Council meeting at 4:06 p.m. M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 33 -40) 33. 23-0031 Resolution authorizing termination of the Tri-Party Agreement between the City of Corpus Christi, the Corpus Christi Tax Increment Reinvestment Zone No. 2, and the North Padre Island Development Corporation; and authorizing dissolution of the North Padre Island Development Corporation. Mayor Guajardo referred to Item 33. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Smith made a motion to approve the resolution, seconded by Council Member Lerma. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032949 34. 22-2050 Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $270,000,000 for Utility System expenditures budgeted in the Fiscal Year 2022-2023 Capital Improvement Plan but incurred before the issuance of the bonds. Mayor Guajardo referred to Item 34-36. City of Corpus Christi Page 12 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032950 35. 22-2051 Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of General Obligation bonds in an amount not to exceed $125,000,000 for expenses related to projects included in the voter approved 2022 Bond Election incurred before the issuance of the bonds. See Item 34. Enactment No: 032951 36. 22-2097 Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of Certificates of Obligation in an amount not to exceed $53,800,000 for expenses budgeted in the Fiscal Year 2022-2023 Capital Improvement Plan (CIP). See Item 34. Enactment No: 032952 37. 22-1423 One-Reading Ordinance authorizing a construction contract to Fulton Coastcon General Contractors of Corpus Christi, Texas, for the construction of the Police Training Academy in an amount of$21,154,706.00 and authorize a professional services contract amendment No. 3 to Turner Ramirez & Associates, Inc., Corpus Christi, Texas, to provide construction phase services in an amount of $93,953.00 for a for a total restated fee not to exceed $1,199,553.00, located in Council District 5, amending the Capital Budget $3,763,536.00 with FY 2023 funding available from Certificates of Obligation and General Fund. (Requires 2/3 Vote) Mayor Guajardo referred to Item 37. Assistant Director of Engineering Project Management Ratna Pottumuthu presented information on the following topics: police training academy location; police training academy; project scope; low bid; project schedule; and change orders and reporting. City of Corpus Christi Page 13 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Council Members, Assistant Director Pottumuthu, Assistant Director of Finance and Procurement Josh Chronley, City Manager Peter Zanoni, City Attorney Miles Risley, and Police Chief Mike Markle discussed the following topics: Fulton Construction did include scope items in their proposal, therefore it is appropriate to award the bid to Fulton Construction as they are the low bidder; the original budget for this project was about $16 million, so this project is about $4 million over budget; should a change order be requested by staff for this project, anything over$25,000 will be approved through Council per staff's recommendation; this project is in partnership with Del Mar College who is saving taxpayer dollars; a Council Member thanked Del Mar College and Fulton Construction for their commitment to this project; and a Council Member's concern with the procurement process. Mayor Guajardo opened public comment. Scott Leeton, 3122 Leopard St., thanked Mayor, Council and City Manager for their support with this project. Executive Vice President and Chief Operating Officer at Del Mar College Lenora Keas, thanked the Council Members for their support with this project. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 1 - Council Member Barrera Enactment No: 032953 38. 22-1997 Ordinance authorizing the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $412,000.00 from the Golf Fund and $1,160,000 from the anticipated Certificates of Obligation for increased construction costs for improvements to the Lozano Golf Center Executive Nine Hole Course and practice range; appropriating $412,000 from the Golf Fund; and amending the operating and capital budgets. Mayor Guajardo referred to Item 38. Council Members, Assistant City Manager Neiman Young, Director of Parks and Recreation Robert Dodd, and Chief Operating Servant of Foresight Golf Ed Miller discussed the following topics: the original funding from 2011 of$2.3 Million to remodel the golf course did not include lighting; the developer's goal is to create a nighttime entertainment venue for the City; and the project has begun and the grand opening is City of Corpus Christi Page 14 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 scheduled for Labor Day weekend of 2023. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 39. 23-0044 One-Reading Ordinance authorizing execution of all documents necessary to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects, including approval of development agreements in a total amount of up to $5,455,000 previously approved by City Council; declaring a public necessity; providing for the City of Corpus Christi to authorize the use of the power of eminent domain to acquire the aforementioned areas for water supply projects; the consideration of the use of eminent domain to condemn property by a single record vote for all units of property to be acquired herein; and delegating authority to initiate condemnation proceedings and execute related documents to the City Manager. (Requires 2/3 Vote) Mayor Guajardo referred to Item 39. Chief Operating Officer for Water Utilities Michael Murphy presented information on the following topics: location map; cost and basis of terms; and staff recommends approval. Mayor opened public comment. There were no comments from the public. Mayor closed public comment. Council Members and Assistant City Attorney Janet Whitehead discussed the following topics: a Council Member stated he will be voting no on this item because he did not receive the information he requested; and this option is good for three years with two one-year renewals. City of Corpus Christi Page 15 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Council Member Smith made the following motion: "I move that the City of Corpus Christi authorize the execution of all documents necessary, and alternatively, the use of the power of eminent domain, to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal for public use for water supply projects," seconded by Council Member Hunter. This Ordinance was passed on emergency and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 2- Council Member Hernandez and Council Member Lerma Abstained: 0 Enactment No: 032954 40. 23-0042 One-Reading Ordinance authorizing execution of all documents necessary to acquire an underground utility easement from Union Pacific Railroad near Broadway Street and Palm Drive; declaring a public use and necessity; and authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire an underground utility easement for water supply projects across railroad right-of-way near Broadway Street and Palm Drive in a manner that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities. (Requires 2/3 Vote) Mayor Guajardo referred to Item 40. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Martinez made the following motion: "I move that the City of Corpus Christi authorize the use of eminent domain to acquire an underground utility easement across railroad right-of-way near Broadway Street and Palm Drive that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities from Union Pacific Railroad and related entities for public use for water supply projects," seconded by Council Member Smith. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Lerma Abstained: 0 City of Corpus Christi Page 16 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Enactment No: 032955 N. PUBLIC HEARINGS: (ITEMS 41 -43) 41. 22-2053 One-reading ordinance annexing sections of County Road (CR) 43 and CR 18 located south of Farm to Market Road (FM) 2444 and being approximately 9.78 acres, annexing approximately 37.44 acres of land per owner petition, and annexing a section of FM 2444 from CR 41 to County Road 47 into the territorial limits of the City of Corpus Christi; and approving related service plans. (Requires 2/3 Vote) Mayor Guajardo referred to Item 41. Director of Planning Dan McGinn presented information on the following topics: location map; overview of annexation tract; background; planned development; and staff recommendation. Council Members, Director McGinn, and City Attorney Miles Risley discussed the following topics: a Council Member commended staff and thanked the developer for their patience with this annexation; why does the City need to annex County Roads 18 and 43; and the City's goal is to annex the state's right-of-way. Mayor Guajardo opened public comment. Real Estate Agent Wayne Lundquist, 700 Everhart Rd., stated that the property between CR 41 and 43 has three different owners. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Martinez. This Ordinance was passed on emergency and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032956 42. 22-2095 Ordinance adopting a new Westside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Westside Area Development Plan adopted by ordinance #22166; and amending the Plan CC Comprehensive Plan. Mayor Guajardo referred to Item 42. Planning Manager Annika Yankee stated that this ordinance adopts the Westside Area City of Corpus Christi Page 17 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Development Plan. The plan includes three vision themes that were presented at the December 6, 2022 City Council Meeting. A Council Member and Planning Manager Yankee discussed the following topic: in response to a Council Member's recommendation about adding a police substation to the westside residential area, staff stated that the police department does not recommend adding one. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 43. 23-0005 Ordinance authorizing a Water Arterial Transmission Grid Main Construction Reimbursement Agreement ("Agreement") up to $471,488.10 with Cypress Point Capital, LLC ("Developer") to construct a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $471,488.10 to reimburse the developer in accordance with the agreement. Mayor Guajardo referred to Item 43. Council Members and Director of Development Services Al Raymond discussed the following topics: the trust fund balance is currently in the negative; and a briefing on impact fee study will be brought to Council in January. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 18 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 O. CANVASSING ELECTION: (ITEM 44) 44. 23-0029 One-Reading Ordinance canvassing returns and declaring the results of the Runoff Election held on December 13, 2022 in the City of Corpus Christi for the purpose of electing the Council Members for Districts One, Two, and Three. Mayor Guajardo referred to Item 44. Mayor Guajardo read the results of the December 13, 2022 run off election into the record. Council Member Smith made a motion to amend the ordinance to include the results as stated, seconded by Council Member Barrera and passed unanimously. Council Member Smith made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032957 P. BRIEFINGS: (ITEMS 45 -47) 45. 23-0025 Quarterly briefing update to City Council on operations at the American Bank Center This Item was withdrawn. 46. 23-0055 Coastal Bend Council of Governments Meeting Update This Item was withdrawn. 47. 23-0058 Metropolitan Planning Organization Meeting Update This Item was withdrawn. Q. EXECUTIVE SESSION: (ITEM 48) Mayor Guajardo referred to Executive Session Item 48. The Council went into Executive City of Corpus Christi Page 19 Printed on 1/6/2023 City Council Meeting Minutes December 20,2022 Session at 1:44 p.m. The Council returned from Executive Session at 3:05 p.m. 48. 23-0015 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 the purchase, exchange, lease, or value of real property rights for desalination and water treatment, transmission, and storage facilities, including areas at or near the (1) the Inner Harbor Ship Channel Seawater Desalination Site at or in the vicinity of Nueces Bay Blvd, Summers St., Palm Dr., John St., and Broadway Street, Nueces Bay Heights Subdivision, Sunset Place Subdivision, and the Industrial Canal and (2) the La Quinta Channel Seawater Desalination Site involving various properties between Highway 361 and the La Quinta Ship Channel and areas in and adjacent to said locations, (3) other water rights and contracts for the purchase of water including, but not limited to, water related permits on or near the Colorado River, Waldron Road, Laguna Madre, Oso Bay, and/or the Mary Rhodes Pipeline, (4) applications for water rights permits, discharge permits, and other permits from the Texas Commission of Environmental Quality and/or the U.S. Army Corps of Engineers, and (5) potential use of eminent domain proceedings to effectuate the aforementioned acquisitions and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property (water) rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. (see related items 39 and 40) R. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 4:53 p.m. City of Corpus Christi Page 20 Printed on 1/6/2023 Norma Duran From: Jotform <noreply@jotform.com> Sent: Tuesday, December 20, 2022 10:54 AM To: CitySecretary; Norma Duran Subject: Public Input: 12-20-2022 - Julie Rogers [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. [L _Public Comment & Input Form Date of Meeting 12-20-2022 Name Julie Rogers Address Street Address: 710 Furman Ave City: Corpus Christi State/ Province: TX Postal/Zip Code: 78404 Topic Gratitude Agenda Item Number N/A Describe Feedback: Honorable Councilpersons& Mayor, thank you for your service to our community during your tenure. We live in uptown and have seen many improvements here and in the downtown district. Unfortunately,we have seen an increase of unhoused people probably due to the pandemic, economics and our good weather. Since we walk every day and also volunteer,we know our unhoused neighbors pretty well and find them to be quite good neighbors.They keep the neighborhood clean and try not to bother anyone but there is nowhere to go if you carry your belongings and/or have pets, including our libraries that serve as warming centers. We need a low barrier shelter which essentially means that the requirements for entry are limited or minimal. Our homeless providers and the City do a good job trying to help the homeless but there is a gap for the segment that will freeze with the artic blast. In keeping with 1 the Posada tradition,we ask, in the name of heaven,that you find them shelter.God bless us all. Provide an email to receive a copy of your rogersjuliet@gmail.com f submission. i z se 0 AGENDA MEMORANDUM v First Reading Ordinance for the City Council Meeting of December 20, 2022 NOORPOHPI E� Second Reading Ordinance for the City Council Meeting of January 10, 2022 1852 DATE: November 30, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO-Director of Finance and Procurement HeatherH3Ca)-cctexas.com 361-826-3227 Acceptance of two Public Assistance Grants for the 2021 Winter Storm Uri in the amount of up to $249,869.40 with a local match of $26,302.04, totaling $276,171 .44 for the contract period February 19, 2021 , through August 19,2021 . CAPTION: Ordinance accepting two Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grants in the amount of$249,869.40 (Category B —emergency measures and Category Z— management costs), with a local match of$26,302.04, for a total of $276,171.44. SUMMARY: This ordinance accepts two Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grants in the total amount of up to $276,171.44 to assist with the 2021 Winter Storm Uri costs related to emergency measures. BACKGROUND AND FINDINGS: In February 2021, the State of Texas suffered a major power crisis when three severe winter storms swept through the United States. The storms triggered the worst energy infrastructure failure in Texas history, leading to shortages of water, food, and heat. On February 19, 2021, a major disaster declaration was issued for the State of Texas, making federal funding available. City staffed worked with FEMA/TDEM officials from the date of the disaster declaration until April 2022 to secure FEMA assistance for this declared disaster. The assistance that has been awarded will be used to reimburse the City for cost incurred during the disaster, such as for overtime, equipment usage, contracted services for security, and meals for the EOC team. ALTERNATIVES: The alternative is to not accept the grant funding to reimburse for expenses that have already been incurred by the City of Corpus Christi. FISCAL IMPACT: The fiscal impact for FY2022 is accepting funds for General Fund, Wastewater Fund, Storm Water Fund, Streets Fund, and Facilities Maintenance Fund. Funding Detail: Fund: General Fund (Fund 1020) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $242,852.97 Fund: Wastewater Fund (Fund 4200) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $10,436.58 Fund: Storm Water Fund (Fund 4300) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $7,718.96 Fund: Streets Fund (Fund 1041) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $8,358.67 Fund: Facilities Maintenance Fund (Fund 5115) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $6,804.26 RECOMMENDATION: Staff recommends accepting the grant. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting two Public Assistance Grants for the 2021 Winter Storm Uri in the amount of $249,869.40, with a local match of $26,302.04, totaling $276,171.44 for the contract period February 19, 2021, through August 19, 2021. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept two Public Assistance Grants, resulting from the 2021 Winter Storm Uri event, from the Federal Emergency Management Agency (FEMA) / Texas Division of Emergency Management (TDEM) in the amount of $249,869.40, with a local match of $26,302.04, totaling $276,171 .44 for the contract period February 19, 2021 , through August 19, 2021, to reimburse expenses in the following specified funds: General, Wastewater, Storm Water, Streets, and Facilities Maintenance. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 61'i T D E ��'yct'ux To i T xm A&M ULA WERSITl Y SYMM April 26, 2022 Heather Calderon Finance Grants Manager Corpus Christi DUNS Number 069457786 FIPS Number 355-17000-00 Subject: Public Assistance Grant, 4586, Texas Severe Winter Storms Catalog of Federal Domestic Assistance (CFDA) number 97.036 Federal Award Identification Number (FAIN), 4586PATXP0000001 FEMA Project Worksheet 537 Project Title: 669283 - Category Z Project Management Costs Period of Performance 2/19/2021 to 2/19/2025 An award to your Public Assistance subgrant has been completed by the Texas Division of Emergency Management (IDEM). PW 537 Version/ Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date Amount Cost Share Share Amount Share Share Amount Percentage Percentage 0 4/15/2022 $13,151.03 100.00% $13,151.03 0.00% $0.00 Totals $13,151.03 $13,151.03 $0.00 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award, unless authorized by Section 324 of the Stafford Act. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the project worksheet can be viewed at the version tab in GMS for this project, grants.tdem.texas.gov and is also attached for your convenience. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 Your project worksheet may have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration (REC) can be viewed at the version tab in GMS for this project as well and is also attached. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. Pursuant to 44 CFR §206.206, Appeals, you may appeal this determination within 60 days of receipt of this notification. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM PA Support Affiliate within the allotted time. If you elect to appeal, the appeal must: 1) Contain documented justification supporting your position 2) Specify the monetary figure in dispute and 3) Cite the provisions in federal law, regulation or policy with which you believe the initial action was inconsistent. If you have any questions, please contact Cory McCabe at (512) 499-1404 or email at cory.mccabe@cohnreznick.com. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 61'i T D E ��'yct'ux To i T xm A&M ULA WERSITl Y SYMM June 27, 2022 Corpus Christi DUNS Number 069457786 FIPS Number 355-17000-00 Subject: Public Assistance Grant, 4586, Texas Severe Winter Storms Catalog of Federal Domestic Assistance (CFDA) number 97.036 Federal Award Identification Number (FAIN), 4586PATXP0000001 FEMA Project Worksheet 476 Project Title: 183406 - Corpus Christi - Winter Weather Event 2021 Period of Performance 2/19/2021 to An amendment to your Public Assistance subgrant has been completed by the Texas Division of Emergency Management (TDEM). PW 476 Version/ Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date Amount Cost Share Share Amount Share Share Amount Percentage Percentage 0 4/1/2022 $263,020.41 75.00% $197,265.31 25.00% $65,755.10 1 5/19/2022 $0.00 15.00% $39,453.06 85.00% ($39,453.06) Totals $263,020.41 $236,718.37 $26,302.04 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award, unless authorized by Section 324 of the Stafford Act. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the project worksheet can be viewed at the version tab in GMS for this project, grants.tdem.texas.gov and is also attached for your convenience. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 Your project worksheet may have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration (REC) can be viewed at the version tab in GMS for this project as well and is also attached. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. Pursuant to 44 CFR §206.206, Appeals, you may appeal this determination within 60 days of receipt of this notification. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM PA Support Affiliate within the allotted time. If you elect to appeal, the appeal must: 1) Contain documented justification supporting your position 2) Specify the monetary figure in dispute and 3) Cite the provisions in federal law, regulation or policy with which you believe the initial action was inconsistent. If you have any questions, please contact Cory McCabe at (512) 499-1404 or email at cory.mccabe@cohnreznick.com. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 se X111 a.� H v AGENDA MEMORANDUM NONPOPPt EFirst Reading Ordinance City Council Meeting December 20, 2022 1852 Second Reading Ordinance City Council Meeting January 10, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation RobertD4(o-)cctexas.com (361) 826-3133 Amendment to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. CAPTION: Ordinance approving the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for$400,000.00 from the Golf Fund and $1,160,000 from the approved Certificates of Obligation for increased construction costs for improvements to the Gabe Lozano Golf Center Executive Nine Hole Course and practice range project; appropriating $412,000 from the Golf Fund; and amending the operating and capital budgets. SUMMARY: This Ordinance authorizes a second amended and restated Addendum No.1 to the two-year service agreement with Foresight Corpus Christi Golf, L.L.C. and provides for $400,000.00 from the Golf Fund and $1,160,00 from approved Certificates of Obligation for increased construction costs to the Lozano Golf Center project, and an additional $12,000 to cover the City's administrative interdepartmental fees. Due to supply shortages and an increase in market costs, the initial estimate is no longer sufficient to cover the construction cost for the executive golf course and practice range. The City will provide a total funding amount of up to $4,360,000 for the Lozano Golf Center project on a capital improvement basis. The additional funding is available in the Golf Fund from revenue generated at Gabe Lozano and certificates of obligation. BACKGROUND AND FINDINGS: The City of Corpus Christi and Foresight Corpus Christi Golf, L.L.C. (FCCG), entered into a Lease Agreement for the operation of Lozano Golf Center in February 2011. Foresight Corpus Christi Golf (FCCG) has continually operated the property since 2010 and the current lease agreement expires on January 31, 2031. The lease agreement authorized to segregate and hold the Capital Fund to fund capital improvement projects for the golf course with approval from the City Manager. On September 14, 2021, an Addendum (No. 1) to the Lease Agreement with FCCG was approved by City Council to provide funding up to $2,300,000.00, as included in the FY 2022 and FY 2023 Capital Budget, on a reimbursement basis, for the renovation of the executive nine-hole golf course and practice range at Lozano Golf Center with approval from the City Manager. Soon after approval of Addendum No. 1, the Corpus Christi B Corporation Board approved additional funding in the amount of$500,000 for lighting improvements at the practice range and executive 9-hole course at Lozano Golf Center, increasing the original funding from $2,300,000 to $2,800,000. The proposed capital improvements will extensively renovate the existing practice range and 9-hole executive golf course. The proposed improvements included an additional 10,000 square foot practice green, expand practice tees (50 hitting stations), create a short-term practice area/pitching area with targets. The practice range will be excavated and lowered to facilitate drainage, allowing maximum hours of operation. A Scottish-style"burn"will also be added to offer interest and facilitate drainage. The "burn" will drain into the existing drainage channel along the east side of the golf course. This additional funding for the executive 9-hole course and practice range would create "state of the art" practice facilities that will serve as additional high-quality inventory for the City's residents and tourists; an excellent venue for instructional programming/practice for high school/middle school golf. Completion of the project will aide in fostering a greater partnership with the Corpus Christi Convention and Visitors Bureau, helping Corpus Christi become a true golfing destination. Approval of this item will ensure that adequate funding is available to complete the project. The engineering phase is complete, and permits have been obtained for the lighting project. The estimated completion of the construction project is May 2023. ALTERNATIVES: An alternative is to not provide additional funding which may reduce and delay improvements to the project, which may result in potential revenue loss. FISCAL IMPACT: The fiscal impact of the amendment for this project is a total funding amount of $4,360,000 in capital improvement expenditures. FUNDING DETAIL: Fund: 4690 Golf Center 3298 Park & Rec 2023 CO Organization: 35200 Gabe Lozano Golf Course Maintenance Activity: 220183280EXP Park CIP Fund 220183298EXP Park & Rec 2023 CO Mission Element: 141 Manage/maintain recreational facilities Project # (CIP Only): 22018 Gabe Lozano Golf Course Account: 548500 Operating Transfers Out 550910 Construction contracted RECOMMENDATION: Staff recommends approval of the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Council Approved CIP page Amended CIP Page Lease Amendment Presentation Ordinance authorizing the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $412,000.00 from the Golf Fund and $1,160,000 from the anticipated Certificates of Obligation for increased construction costs for improvements to the Lozano Golf Center Executive Nine Hole Course and practice range; appropriating $412,000 from the Golf Fund; and amending the operating and capital budgets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. SECTION 2. That funds in the amount of $412,000.00 are appropriated from the Golf Fund No. 4690 and transferred to the CIP Fund 3280 for improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf Course, with $400,000 for the additional construction costs and $12,000 for administrative expenses. SECTION 3. That the FY2022-23 Operating Budget adopted by Ordinance No. 032855 is amended to increase expenditures by $412,000.00. SECTION 4. That the FY 2022-23 Capital Budget adopted by Ordinance No. 032856 is amended to increase revenues and expenditures by $412,000.00. SECTION 5. That the City Manager or designee is authorized to execute the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $400,000.00 from the Golf Fund and $1,160,000 from the $1,200,000 that is anticipated to be included in forthcoming Certificates of Obligation for the increased construction costs for the improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf Course. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20227 by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 20227 by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor I 2nd AMENDED AND RESTATED ADDENDUM NO. 1 TO LEASE AGREEMENT WITH FORESIGHT CORPUS CHRISTI GOLF,L.L.C. Whereas, on October 26, 2010, the City of Corpus Christi (herein referred to as "the City") and Foresight Corpus Christi Golf, L.L.C., a Texas Limited Liability Company and wholly owned subsidiary of Foresight Golf L.L.C., a Texas Limited Liability Company (herein referred to as "Operator") entered into a Lease Agreement; (herein referred to as the "Lease") regarding Oso Beach and Gabe Lozano (as defined in the Lease); Whereas,the Lease was amended by Amendment No. 1 on April 30, 2013, and Amendment No. 2 as of December 1, 2020; Whereas,the Lease authorized the Operator to segregate and hold the Capital Fund to fund capital improvement projects at the Golf Courses; Whereas,the Lease authorized Operator to make certain capital improvements to the Golf Courses with approval from the City Manager; Whereas,the Operator has proposed a capital improvement project to remodel the executive golf course and the practice range at Gabe Lozano (the "Project"); Whereas, Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. (herein referred to as "Addendum No. 1") was approved by the Corpus Christi City Council on September 14, 2021; Whereas,after initial approval of Addendum No. 1, on September 20, 2021, the Corpus Christi B Corporation Board approved additional funding in the amount of $500,000 for lighting improvements at the executive golf course and the practice range at Gabe Lozano, and the parties now wish to amend and re-state Addendum No. 1 to include the additional improvements;imd Whereas,due to suply shortages and increases in the market costs, additional funding is required to complete the necessary repairs, Whereas, $400,000 is available in the Golf Fund from revenue generated at Gabe Lozano and $1,160,000 is available from anticipated Certificates of Obligation, and Whereas, the intent of this 42nd Amended and Restated Addendum No. 1 is to layout the responsibilities of each parry specifically related to the Project. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The parties enter into this addendum, effective on the date of last signature, to authorize the Project under the terms of the Lease. 2. City and Operator agree that, in accordance with Sections 8.2 and 12.2 of the Lease and according to state law,the City authorizes the Operator to proceed with the Project,as more fully described in Attachment A, which is attached hereto and incorporated by reference. 4812-3801-2412,v. 1 z a. Development of Plans and Specifications. Operator will have the engineer or architect prepare all plans and bid specifications for the Project in compliance with all applicable City, State and Federal codes and regulations for a City public works project. Operator shall ensure that the contract with the engineer or architect for design includes the terms on attached Attachment B. b. Project Bids. Operator shall competitively bid all construction contracts related to the Project in compliance with Texas law and in a commercially reasonable manner, including without limitation, advertising the Project and soliciting bids in a local newspaper. The specifications and contract terms for construction must include terms outlined in attached and incorporated Attachment C. Operator shall be responsible to provide oversight and contract management services including inspection services to verify work is timely and properly completed. Operator shall obtain all required City permits for the Project. c. Proiect Completion. Operator must cause the contractor to complete all work for the Project within three years following the Effective Date of this addendum.If construction of the Project is not completed within three years of the Effective Date, the City shall notify Operator in writing of such failure of completion and provide 60 days from the date of the notice for Operator to resolve the failure to complete the Project. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of Operator, as determined by the City, City may terminate this addendum and have no further obligation to provide funding to Operator for this Project. Upon termination of this addendum for failure to timely complete the Project, the City may contract with a construction contractor to complete the project and seek all remedies available under any payment or performance bonds but will have no obligation to do so. In the event that the failure to complete the Project is a result of breach of contract or other failure on the part of Operator's contractor, Operator, with assistance from the City if necessary, will pursue any remedies from the contractor. If the failure to complete the Project is caused by Operator's fraudulent misappropriation of funds, then the Operator will re-pay the funds misappropriated from the City. d. Increased Hours. Once the Project, including the additional lighting improvements, is completed, Operator agrees to increase the hours during which the practice range and 9-hole executive golf course at Gabe Lozano are open and available for play. Initially, the Operator will keep the practice range and 9-hole executive golf course open until midnight each night. e. Quarterly Updates. Operator must provide quarterly updates on the Project to the City's Director of Parks and Recreation in October, January, April, and July of each year until final completion and acceptance of the Project by the City. 3. City will provide funding for the Project, up to $4,360,0002- - A8 on a capital improvement basis. 4812-3801-2412,v. 1 3 a. City Maximum Funding Amount. The parties agree that the capital expenditures required to complete the Project are not to exceed $4,360,0002- - 90 which is defined herein as the "City Maximum Funding Amount." The City shall only be responsible for payments up to the City Maximum Funding Amount for completion of the Project. Operator agrees to be responsible for payment of any costs which exceed the City Maximum Funding Amount. This funding includes $500,000 in funds from the Corpus Christi B Corporation, which can only be spent on lighting improvements related to the Project. In order to qualify for the full $4,360,000 40,0 0, Operator must expend at least $500,000 on the lighting improvements. No portion of the $500,000 for lighting improvements may be used for payment for the lighting improvements before November 19, 2021. b. Construction Payments. The City has approved Certificate of Obligation funds for this Project. These funds are held by the City for the dedicated purpose of funding this Project and no other purpose. At the request of the Operator, upon seven day's written notice, the City will provide documentation showing the funds remaining in the City's possession that are dedicated for this Project. The City will deposit the City Maximum Funding Amount to the Capital Account established under the Lease. Operator will issue payments for design and construction of the Project out of the Capital Account as costs are incurred for design and construction draw requests of the Project in accordance with the Lease and the design and construction contracts for the Project on an as-needed basis as laid out in the Payment Approval paragraph below. C. Payment Approval. As costs are incurred, the Operator can request that the City distribute funds to the Capital Account by submitting a Request for Payment Approval. When requesting payment approval, Operator will submit to the City Director of Parks and Recreation a Request For Payment Approval, in the form attached hereto as Attachment D for approval of payment of the costs related to the Project described in the Request For Payment Approval. The City will approve or resolve any objection,unless such action cannot be resolved without information or action from Operator, Operator's contractor, or other non-City actor, to the Request For Payment Approval within three business days of receipt of the request. Funds will be distributed to the Capital Account within 14 calendar days following City approval of the Request for Payment Approval. d. No Payment of Staff. City will not pay for Operator's staff time related to oversight and contract management of the Project. 4. City acknowledges that during construction of the Project the 9-hole executive course and the driving range of Gabe Lozano will be closed and consents to the closing of such two facilities for the duration of the Project construction. Also, during the Project construction, City Director of Engineering Services and City Director of Parks and Recreation, or their designees, have the right but not the obligation to inspect the Project. Operator agrees to timely resolve any issues identified by City staff that represent non-conformance with the Project design and construction plans. 5. Indemnification. Operator, its officers, agents, and employees ("Indemnitor') shall indemnify and hold the City of Corpus Christi, its 4812-3801-2412,v. 1 4 officers, agents, employees, and representatives ('Indemnitees') harmless and defend the Indemnitees from and against any and all liability, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries (including death and Workers' Compensation claims), property loss or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorney's fees, and expert witness fees which arise or are claimed to arise out of or in connection with this Agreement or the performance of this Agreement, regardless of whether the injuries, death, or damages, are caused or are claimed to be caused by the concurrent or contributory negligence of Indemnitees, but not if by the sole negligence of Indemnitees unmixed with the fault of any other person. Indemnitor must, at its own expense, investigate all claims and demands, attend to the settlement or other disposition of such claims, defend all actions based thereon with counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claims, demands, suits, or actions. The indemnification obligations of the Indemnitor under this section shall survive the expiration or earlier termination of this Agreement. CITY DOES NOT AGREE TO DEFEND, NOR INDEMNIFY, NOR HOLD HARMLESS, OPERATOR UNDER ANY CIRCUMSTANCES. 6. This addendum is governed by the terms and conditions of the Lease, as amended, and is considered part of the Lease for all intents and purposes. Failure to comply with the terms of this addendum may be considered Operator or City Default in accordance with Section 15 of the Lease. 7. This addendum may be executed in multiple counterparts and by deliver of electronic fax or PDF copies, and all such counterparts will be deemed one and the same agreement among the parties whether or not the signatures of all parties appear on any given counterpart. [Signature Page Follows] 4812-3801-2412,v. 1 5 AGREED TO BY: Foresight Corpus Christi Golf, L.L.C. By: Daniel A. Pedrotti, Jr., Manager Date: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on by Daniel A. Pedrotti, Jr. as Manager of Foresight Corpus Christi Golf, L.L.C. on behalf of said company. Notary Public CITY OF CORPUS CHRISTI By: Peter Zanoni, City Manager Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by Peter Zanoni as the City Manager for the City of Corpus Christi, Texas a Texas municipality on behalf of said municipality. Notary Public Approved as to form: By: Assistant City Attorney Date 4812-3801-2412,v. 1 ATTACHMENT A—PROJECT DESCRIPTION This Project consists of a complete redo and transformation of the existing practice range and 9-hole executive golf course. From facilities that are underutilized and sub-par when compared to other municipal golf courses, this Project will create "state of the art" practice facilities and a 9-hole golf course that will be an excellent venue for all instructional programming and practice, high school and middle school golf and serve as additional high-quality inventory for the City's residents and guests. Lighting the facility will expand the hours of operation and will create an entertainment venue certain to increase the enjoyment of golf and recreation for all patrons, existing and new. The specific details of the Project include: • Expanding the practice tees to accommodate 50 hitting stations at one time. • The practice range area will be excavated and lowered to create better visibility of targets from the practice tee. It will facilitate drainage that will enable the range to tolerate rainfall and remain open for the maximum number of days. It will also facilitate creating a high, wrap- around ridge around the perimeter of the range that will contain golf balls and provide protection for players in the surrounding areas. • The Project will add an additional 10,000 square foot practice green for practice and instructional programming while allowing the existing practice green to be used as a warm-up facility for the 18-hole regulation course. • It will create a "short game" practice area for practicing chipping and bunker shots and a "pitching area" with targets spaced at 10-yard intervals to facilitate precision practice for longer short game play. • It will include a complete remodel of the 9-hole executive course, complete with new putting greens, tees, bunkers and a "Scottish Style Burn" to add strategy,variety and interest to the new golf holes while providing storm drainage to remove excess rainwater in storm events. This Project also includes$500,000 worth of lighting improvements for the practice range and 9-hole executive golf course. The lighting improvements must provide lighting enhancements that are sufficient to allow play on both the practice range and the 9-hole executive golf course in the evening and nighttime hours after sunset. Once the Project, including the lighting improvements, are completed, Operator will increase the hours and allow nighttime play on the practice range and 9-hole executive golf course. 4812-3801-2412,v. 1 The Executive & Junior Golf Tra,ining Facilities .1' (71 iL 1)L` 1 -1)ZA-1 110 (710 1 f Cyt'�1.f AO Y liri ' i I lite All, 'AI I 4H 41 v4 49—6, j 'I 1114.4 4 AI.4& 46..161 6 a.l 11, r:=k.7— L66 Lp —,..k.-L III P4 two 41.e'%.wf-ft"III-IIIIAiA%W P ..41 lk,ow 111 6 S40 W � 6"AI.16,L—i L,•U, j c. -W 7. 1-1.-a A..4.. d LL.LJ.. r6 L--:d .6—.j 4-11 AI L146 I J.IIII Na ilk "t INS, .A od b'", w IN hl hL ---------------------------- 1 Jif al 011111144 dw c—II I I irk k. A w WI '%A o A :40 'LP I I was lip F., T,Zjv ki 1. 34 1, ail C)If Thd J 71Ae AI 'LL 11 hA iw FIR-I ATTACHMENT B Required Terms for Contract with Architect or Engineer ("Consultant") ADDITIONAL SCOPE OF SERVICES. In addition to preparation of plans and specifications in compliance with all applicable City Codes and State laws,Consultant will conduct regular on-site inspections and observations of construction contractor's work in progress, materials and equipment to assist in determining if the work is in general proceeding in accordance with construction documents. INDEMNIFICATION A. Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. B. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, included in the indemnification above if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. C. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. INSURANCE. Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Insurance Requirements for the Consultant are shown in ATTACHMENT B-1 4812-3801-2412,v. 1 ATTACHMENT B-1 Architect/Engineer ("Consultant") 1. Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Peroccurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 4812-3801-2412,v. 1 ATTACHMENT C- REQUIRED TERMS AND CONDITIONS FOR CONSTRUCTION OF THE PROJECT 1. Performance and Payment Bonds. Bonds furnished must be the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable laws and regulations. The contractors who are awarded contracts for construction of the Gabe Lozano improvements shall furnish the following bonds by surety companies authorized to do business in Texas: A. Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City of Corpus Christi as an Obligee. B. Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City of Corpus Christi as an Obligee. 2. All construction agreements for the Project shall include the following provisions. The Indemnity section shall be in large bold face font. A. INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND ALL OF ITS OFFICIALS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTION INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, AND CONTRACTOR SHALL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT THE CITY OF CORPUS CHRISTI FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. B. Project shall be constructed in accordance with all applicable Federal, State and City codes, laws and regulations. 4812-3801-2412,v. 1 C. Contractor and any subcontractors employed on this Project will comply with Chapter 2258 of the Texas Government Code by paying Contractor's employees or subcontractors not less than the general prevailing wage rates. D. Contractor warrants that the goods and services provided under this Contract shall be warranted against any defaults for five years from final acceptance. E. Contractor shall provide insurance as required by Attachment C-1. 4812-3801-2412,v. 1 ATTACHMENT C-1 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one(1)copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, Bodily Injury and Property Damage non-renewal, material change or termination Per occurrence - aggregate required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 4812-3801-2412,v. 1 INSTALLATION FLOATER Value of the equipment C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance,Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation,non-renewal,material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's 4812-3801-2412,v. 1 performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 4812-3801-2412,v. 1 ATTACHMENT D REQUEST FOR PAYMENT APPROVAL (Certification for Payment Approval—Gabe Lozano Remodel Project) CERTIFICATION FOR PAYMENT APPROVAL FORM NO. The undersigned [(the "Construction Manager")/("Operator"] requests approval for the proposed payment from The City of Corpus Christi (the "City") in the amount of $ for labor, design, materials, fees, and/or other general costs related to the acquisition or construction of certain authorized improvements to the Gabe Lozano Sr. Golf Course. In connection with the above referenced request of payment approval, [the Construction Manager/Operator] represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of [the Construction Manager/Operator], is qualified to execute this Certification for Payment Approval Form No. on behalf of [the Construction Manager/Operator], and is knowledgeable as to the matters set forth herein. 2. The work described in Exhibit A has been completed in the percentages stated therein. 3. The Certification for Payment Approval for the below referenced Authorized Improvements has not been the subject of any prior Certification for Payment Approval submitted for the same work to the City or, if previously requested, no approval was made with respect thereto. 4. The amounts listed for actual costs of the authorized improvements, as set forth in Exhibit A, is a true and accurate representation of the actual costs associated with the acquisition, design or construction of said Authorized Improvements. 5. Attached hereto as Exhibit B are invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment approval is requested. (Signature pages follow) 4812-3801-2412,v. 1 I hereby declare that the above representations and warranties are true and correct. a [Texas] [limited liability company], as CONSTRUCTION MANAGER/ Foresight Golf Corpus Christi, LLC] By: Name: Title: JOINDER OF PROJECT ARCHITECT The undersigned Project Architect joins this Certification for Payment Approval solely for the purposes of certifying that the representations made by [Construction Manager/Operator] in Paragraph 2 above are true and correct in all material respects. By: Name: Title: Date: 4812-3801-2412,v. 1 APPROVAL OF PAYMENT The City is in receipt of the attached Certification for Payment Approval Form No. , acknowledges the Certification for Payment Approval and otherwise finds the Certification for Payment Approval Form No. to be in order. After reviewing the Certification for Payment Approval Form, the City approves the payment described in the Certification for Payment Approval Form No. and authorizes release of the payment from golf course Capital Account to [the designer or construction contractor] or to any person designated by the [designer or construction contractor]. CITY OF CORPUS CHRISTI,TEXAS By: Name: Title: Date: 4812-3801-2412,v. 1 EXHIBIT A TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. Segment Description of Work Completed under Actual Costs this Certification for Payment EXHIBIT B TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. [Include Exhibit a bracketed if final progress payment for such Authorized Improvement] [bills paid affidavit and release of liens-attached] EXHIBIT C TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. ----- [Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested] 4812-3801-2412,v. 1 Capital Improvement Flan 2023 thr" 2025 City of Corpus Christi, Texas Project# 22018 Project Name Gabe Lozano Golf Course Type Reconditioning-Asset Longevity Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Site Improvements Priority 2 Critical-Asset Condition\longevity a Status Active - Description Renovations and improvements to an existing Executive 9-hole course and the practice range with the objective of creating a state-of-the-art facility that would be of the finest quality in the Coastal Region. The renovations and improvements will include but are not limited to the expansion of the practice tee,excavation and lowering of the range area for better visibility,adding 10,000 sq.foot practice putting green, addition of berms improved drainage and night time play lighting. Justification Necessary upgrades to improve the existing facility and increase profitability. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 157,500 3,487,800 3,645,300 Design 134,213 192,787 327,000 Eng,Admin Reimbursements 602 27,098 27,700 Total 292,315 3,707,685 4,000,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (Prior) 292,315 2,007,685 2,300,000 Certificates of Obligation (New) 1,200,000 1,200,000 Type A/B Sales Tax(Prior) 500,000 500,000 Tom 292,315 3,707,685 4,000,000 Budget Impact/Other 71 The improved 9-hole facility will add a small amount of additional operating expenses,but will significantly increase programing,golf inventory, and profitability resulting in a net operating gain for the City. 72 Capital Improvement Flan 2023 thr" 2025 City of Corpus Christi, Texas Project# 22018 Project Name Gabe Lozano Golf Course Type Reconditioning-Asset Longevity Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Site Improvements Priority 2 Critical-Asset Condition\longevity a Status Active - Description Renovations and improvements to an existing Executive 9-hole course and the practice range with the objective of creating a state-of-the-art facility that would be of the finest quality in the Coastal Region. The renovations and improvements will include but are not limited to the expansion of the practice tee,excavation and lowering of the range area for better visibility,adding 10,000 sq.foot practice putting green, addition of berms improved drainage and night time play lighting. Justification Necessary upgrades to improve the existing facility and increase profitability. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 157,500 3,875,500 4,033,000 Design 134,213 192,787 327,000 Eng,Admin Reimbursements 602 51,398 52,000 Total 292,315 4,119,685 4,412,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (Prior) 292,315 2,007,685 2,300,000 Certificates of Obligation (New) 1,200,000 1,200,000 Type A/B Sales Tax(Prior) 500,000 500,000 Golf Fund 412,000 412,000 Total 292,315 4,119,685 4,412,000 Budget Impact/Other 71 The improved 9-hole facility will add a small amount of additional operating expenses,but will significantly increase programing,golf inventory, and profitability resulting in a net operating gain for the City. ✓. ;I CORPUS FORESIGHT GOLF CHRISTI INNONAT[YE MANAGEMENT SOLUTIONS © / PARKS& �---��o/ RECReATION Lozano Golf Center - Executive Golf Course and Practice Range Remodel Project Update December 20, 2022 Two Parts to The Remodel Project 1. Complete Remodel of 41 acres of 9-Hole Executive Course and Practice Range: • 2011 Vision - To create more quality golf for customers and additional programming opportunities for winter Texans, juniors and golf teams. • New Shaping and Topography for entire golf course and range • New Seashore Paspalum greens • New irrigation system • New and improved turf grasses • "State of The Art Quality" • Original funding - $2.3 million 2. Lighting of the 41 acres of New Golf Facility: • Became part of the vision in 2019 due to the dramatic success of the lighted San Pedro Golf Course in San Antonio and the opportunity to create a night-time entertainment venue for Corpus Christi. • Lighting will extend golf course and practice facility hours of operation up to midnight and create a very unique golf and entertainment experience. • Expanded night-time hours will feature cooler temperatures, less wind and make golf available to additional residents and tourists. • Original funding - $500,000 from Type B Corporation Gabe Lozano Golf Course Executive Course and Range 9-Hole Executive Course&Practice?iueuities Remodel Features: All • New interesting 9-hole golf course. • An additional 10,000 square foot E.. practice green. fie. • Expanding number of practice teeIF hitting stations to 50. _ • New "Short Game" practice area. • Defined target greens and fairway on ' the practice range floor. • Nets on both sides of practice range ® � to protect players, playing on the Executive Course. �. • Improved drainage throughout both i the course and range to facilitate a M. quicker return to play after rain ...... events. Pmpo�sed Site Plan Course Lighting Features and Project Details: • Engineering is complete and permits have been obtained. • In process of installing an additional 480-volt electrical service on the east side of the property along Airport Road to minimize long wire and conduit runs and to maximize cost effectiveness of the �,� �� �'' • design and system. � � fi • The picture to the right is representative of ° how the greens at the Executive Course will look under the lights. Lighting Project Details Continued: TRUMP NATIONAL IDWORALM • Musco Sports Lighting has been selected as the lighting manufacturer and contractor for the lighting project. • Musco is the "brand" name in sports lighting and does approximately 70 percent of high-quality lighting projects in the US. • The system comes with 4� "guaranteed light levels" for W 25 years. No other manufacturer has been in business long enough to �W provide or honor a warranty such as this. wy The lighting project will take 2 to 3 months to complete and should coincide with the "irrigation system installation" process and timeline (February— May) on the following schedule. San Pedro Testimonial "As it relates to your project in Corpus, I'm delighted to help. If you watched any of 'The Match'last weekend, you saw the excitement about playing under the lights from the pros. San Pedro hasn't been a Home Run, it's been a GRAND SLAM. We are just finishing up a $275,000 parking lot expansion to accommodate the always full parking lot. We've also increased tee space this past summer, installed an artificial tee line, and are doing some cart path work to the course. Over the last few years, we have done enhancements to the grill and clubhouse area and in 2021 finished a teaching/coaching facility that has a separate space for club repair and retail. We lease those spaces. We have also improved our lighting on two different occasions. That is one area we missed early on was skimping on the lights. Roughly 1/2 of our rounds on the par 3 happen after 6 pm. We're open to midnight during daylight savings and 10pm during the winter." Andrew Peterson President, Alamo City Golf Trail Construction Timeline : ZOZ2 Work Item Nov Dec Jan Feb Mar Apr May Week 26 5 12 19 26 2 1 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 S 15 22 29 Mobilization Till&Strip Grass Haul&Bury Grass/Trees Strip&Stockpile Topsoil Dirt Excavation&Grading Topsoil Re-apply Drainage Features Construction EL Irrigation Finish Grading&Grass prep Grassing DR Cart Path Driving Range Netting Punch List/Clean up Grand opening is scheduled for Labor Day weekend, 2023 Progress 3 weeks into the project Existing grasses and vegetation have been eradicated. Silt fence is being installed. I . . Progress 3 weeks into the project Old green sod is being cut, in preparation for removal. Green sod is removed, facilitating salvage and reuse of sand. - i - •. .dad , t, Y'"�1F "�..._._ --�•—�...�.__. .. �--�---�—.�•`.�.. '— ,-- '�-'^ '.'. _ — mus-.- - .:, v ^i .,„. .-.+._�._—...—... x, ._ ,��rrr 8 y!°S} .•fit oa' ' Project Budget and Expenditures To Date: Construction Item Contractor Contract Amount Paid To Date Executive Course and Range Re-iode VM Golf Services,Inc. $1,984,404 $207,046 Golf Course Design Art Schaupeter $165,000 $105,053 Soil Tests David Gregg/Brookside Labs $1,420 $1,873 Protective Netting America's Nationwide Netting $315,044 $157,540 Engineering WGI $30,350 $30,350 Preplant Fertilizer and Sail Amrnendment Program Foresight Corpus Christi Golf $30,000 $0 Plan Review Fees City of Corpus Christi $3,072 $3,072- Miscellaneous 3,072Miscellaneous $15,000 $2,125 Subtotal: Ex. Course and Practice Range $2,540,756 $507,039 Lighting Project 57 Light Pales and Light Fixtures and Electrical Underground Project Bid $1,700,000 $0 Engineering WGI $12,000 $10,510 AEP-Additional Electrical Service on Airport Road $0 Miscellaneous WooO $0 Subtotal: Lighting Project $1,722,000 $10,510 Project Cost $4,262,756 $517,549 Appropriation Request • $400,000 from the No. 4690 Golf Enterprise Fund to go with the $2,300,000 Certificate of Obligation Funds to cover construction cost increases and originally unanticipated project costs such as safety nets. The current balance in the No. 4690 Golf Enterprise Fund is $568,491. • $1,172,000 from Certificate of Obligation Capital Improvement Funds to go along with the $500,000 Corpus Christi B Corporation funds for lighting of the Executive Course and Practice Range. 11 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Public Hearing and First Reading for the City Council Meeting of December 20, 2022 1852 Second Reading for the City Council Meeting of January 10, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning Daniel Mc(a)-cctexas.com (361) 826-7011 Public Hearing for the Westside Area Development Plan CAPTION: Ordinance adopting a new Westside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Westside Area Development Plan adopted by ordinance #22166; and amending the Plan CC Comprehensive Plan. SUMMARY: The Westside Area Development Plan (Plan) is an element of the City's Comprehensive Plan, designed to provide guidance and direction for the future of this 22-square-mile planning district, which includes the urban neighborhoods located west of the Crosstown Expressway (SH 286) and generally between Interstate 37 to the north and the Oso Creek to the south. This Plan contains vision themes, policy initiatives, action items, public investment initiatives, and a future land use map. It will replace the previous Westside Area Development Plan, which was originally approved in 1989. Staff and the Planning Commission recommend the adoption of this Plan. BACKGROUND AND FINDINGS: The City of Corpus Christi engaged the Freese and Nichols planning consultant team to evaluate current conditions, future opportunities, and develop a city plan that will direct public investment, guide future development, and create positive momentum in the Westside planning district. Public Engagement: To develop the Plan, the planning team gathered public input in the following ways: • Three public meetings/open houses • Two surveys • Four focus group meetings • The creation of an advisory committee with five meetings held • The creation of a project website with project materials and a guestbook for feedback Content of the Plan: The Plan is divided into five parts and includes the following content: Introduction • Development of the Plan • Demographics • Public Engagement Process • Online Survey Summary Future Land Use Map The Future Land Use Map serves as a guide to future zoning and development decisions and provides a foundation to support the vision and recommendations of the plan. Vision Themes Three vision themes lay the foundation for the Plan and describe a collective community vision for the future of the Westside planning district. The three vision theme topics are: • Revitalization • Culture • Health and Safety Policy Initiatives and Implementation The Plan contains seven policy initiatives that serve to organize the action items around a common goal that would help the City achieve the community vision. The seven policy initiatives are: 1. Enhance the overall sense of safety through improved programming and environmental design. 2. Improve transportation and drainage infrastructure to create a safe environment for all road users and mitigate impacts on the community from flooding. 3. Improve or expand facilities and programming to support a healthy lifestyle. 4. Support a variety of housing options and affordability levels to encourage homeownership and sustain the existing housing stock. 5. Preserve, promote, and celebrate the local history and culture of the Westside. 6. Expand public and private community services and programs. 7. Foster an environment for economic development that attracts new businesses, increases employment, and revitalizes or enhances existing commercial and industrial areas. Public Investment Initiatives The Plan contains short-, mid-, and long-term public investment initiatives which incorporate the City's Capital Improvement Program and new projects identified through this planning process. ALTERNATIVES: The planning process, in general, involves the discussion and review of ideas that address and meet the priorities of the community. The draft plan proposed for adoption represents the final selection of alternatives or ideas that were considered during the development of the plan. FISCAL IMPACT: Adoption of the plan itself does not have a financial impact. City staff and City Council would review and approve future actions with financial obligations needed to implement this plan. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff and the Planning Commission recommend the adoption of this plan. LIST OF SUPPORTING DOCUMENTS: Ordinance & Draft Plan —Westside Area Development Plan Background Report - Westside Area Development Plan Presentation - Westside Area Development Plan Ordinance adopting a new Westside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Westside Area Development Plan adopted by ordinance #22166; and amending the Plan CC Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendations concerning the adoption of the Westside Area Development Plan; WHEREAS, with proper notice to the public, public hearings were held during a meeting of the Planning Commission and during a meeting of the City Council, during which all interested persons were allowed to give testimony and present written evidence; WHEREAS, City staff conducted public engagement and used community feedback to help develop the new Westside Area Development Plan; WHEREAS, an advisory committee of community members provided guidance and assistance throughout the process; WHEREAS, the City shall use the Westside Area Development Plan as a guideline for urban growth, implementation of policy initiatives and public investments, and to facilitate other plans that the City considers necessary for systematic growth and development; WHEREAS, the area generally located north of Interstate 37 between Nueces Bay Boulevard and Port Avenue was removed from the Westside planning district boundaries and incorporated into the Downtown planning district boundaries; and WHEREAS, the City Council has determined that these amendments would best serve public health, safety, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Westside Area Development Plan, adopted by City Council ordinance #22166 is hereby rescinded. SECTION 2. The Westside Area Development Plan, as shown in Exhibit A, which is attached and incorporated by reference, is adopted as an element of the Plan CC Comprehensive Plan ("Comprehensive Plan"). SECTION 3. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent 1of3 jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 5. This ordinance takes effect after final passage on second reading. 2of3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor „����ill q®IA �■ ..i iiumil�u � EXHIBIT A City of Corpus Christi iestside Area Development Plan '• i A& CyRJ, i ■ rPLAN CIC I ■ ■ ' y k VyAREA DEVELOPMENT PLAN 7552 oESEMSEa s, sass EXHIBIT A PO' ACKNOWLEDGMENTS CITY COUNCIL PLANNING COMMISSION ADVISORY COMMITTEE Paulette M.Guajardo Kamran Zarghouni Gary Allsup Sheldon Schroeder,AIA Corpus Christi Housing Author Mayor Chair p g it y City Planning Commission Liaison Michael T.Hunter Michael Miller Roland Barrera Esmeralda Teran Council Member At-Large Vice Chair City Council District 3 Antonio E.Garcia Arts&Education Center JohMartinez Cynthia Garza Armira Benavides John Council Member At-Large Commission Member Molina Neighborhood Resident Mike Pusley Brian Mandel The Honorable Barbara Canales CONSULTANT TEAM Council Member At-Large Commission Member Nueces County Judge Billy A.Lerma Jahvid R Motaghi Reverend Adam Carrington FREESE Council Member District 1 Commission Member Harbor Bridge Citizens'Advisory Board 00111°NICHOLS Ben Molina Mike A.Munoz John Dibala z Council Member District 2 Commission Member Corpus Christi Independent School District Roland Barrera Michael York Emily Dodd Freese and Nichols,Inc. Council Member District 3 Commission Member Holt-Caterpillar/Grow Local South Texas 11200 Broadway Street,Offices West Greg Smith VACANT Conrado Garcia Suite 2320 Council Member District 4 Commission Member West Oso Independent School District Pearland,TX 77584 Gil Hernandez VACANT John Garcia Council Member District 5 Commission Member Westside Business Association Benjamin Polak(Ex-officio) Wendy Herman Navy Representative Coastal Bend Home Builders Association CITY MANAGER Billy Lerma City Council District 1 Peter Zanoni Davis Merrell Del Mar College CITY STAFF Ben Molina Daniel McGinn,AICP City Council District 2 Planning Director Jeffrey Pollack,AICP Annika Yankee,AICP Port of Corpus Christi Planning Manager/Project Manager Dr.Gilda Ramirez Inclusive Development Network/Grow Local Leane Heldenfels,AICP South Texas Senior City Planner Roger L.y PlanMonteJendieya Russell-Edwards New Addition Neighborhood Resident City Planner CI.. uE CORPUS CHRISTI WESISI NE AREA NEV EIO PM ENI PIAN ii OEC EMBER 6. 2822 RECEM BER 6. 2822 iii EXHIBIT A IkA oil HOLD FOR ORDINANCE HOLD FOR ORDINANCE CIiY OF IIIIII CH RISiI WESI SIDE AREA 0EV EIO PM ENI PIAN iv DECEMBER 6. 2022 OECEM BER 6. 2022 v EXHIBIT A IkA oil HOLD FOR ORDINANCE HOLD FOR ORDINANCE CIiY OF IIIIII CH RISiI WESI SIDE AREA 0EV EIO PM ENI PIAN vi DECEMBER 6. 2022 OECEM BER 6. 2022 vii ria p 2 INTRODUCTION 12 FUTURE LAND USE MAP ' 18 VISION THEMES ®•' , 4' "`� �a — 26 POLICY INITIATIVES AND —�� IMPLEMENTATION �n � 46 PUBLIC INVESTMENT INITIATIVES INT'� UCTL A Nt I i i a DEVELOPMENT OF THE PLAN The Westside Area Development Plan The ADP was developed through a (ADP)is an element of the Plan CC comprehensive public engagement process Comprehensive Plan.The ADP is intended to that integrated the examination of the N T R 0 D U C T I 0 N provide an analysis of Westside and create existing conditions and the vision the strategic recommendations to guide future community.An Advisory Committeee was development.As the community grows,the created to guide the planning process City should have plans in place to guide and provide a representation of the area's the anticipated growth.By understanding residents,business owners,and stakeholders. development patterns and the impact it has The Committee's participation was essential on the community,the City will be better to the development of the final plan. prepared for the future.This plan serves as a Although the Advisory Committee guided the guide for City leadership to make regulatory plan,the community was involved throughout and policy decisions as well as prioritize the process and participated in multiple infrastructure improvements to increase the engagement events and activities.Residents quality of life. and stakeholders gave their input regarding the future of Westside through online The Westside area of Corpus Christi surveys and various community engagement incorporates the portion of the City generally events,including a community open house located within City limits east of South Padre and focus group meetings.Many of the Island Drive(SPID)and Old Brownsville recommendations identified in this plan are a Road,and west of Crosstown Expressway. direct product of the input received,resulting The Westside area includes residential in a community-driven plan. neighborhoods,commercial development, industrial areas,and a significant amount of undeveloped land.As the Westside continues to develop and redevelop,there must be a focus on welcoming new development while maintaining the existing culture and character unique to the Westside. W ESISI NE AREA NEV EIO PM ENI PIAN RECEM BER 6. 2822 3 'TRODUCTIONEXHIBITA INTR000CTI DEMOGRAPHICS 55,664 p 53,985 � " Renter-Occupied 51,802 51 280 Median Household Income I I8% I �1 • - • • • - • 2000 2010 2019 2024* - - WestsideCorpus Christi Population Growth by Year Average Annual Growth Rate — — — — — — — *Projected Population 2000-2019 Occupied Housing Units I I I EDUCATIONAL I ' I I 16.3% Some Or er Race Some Colle e 2.7% <0,1% Two or More '1 Pacific Islander 2.1% 7.4% 0.7% 14.2% Bs. 10-4 Asian 65-Ba 14.14 s- 1a 0.7% I American Indian 7.1% Air-34 Black 72. Whi 71% Colle e or Graduate oe ree Hispanic it Origini bwre115.Caisweurew.ca.20105um Fik 1,B-1-01—d—Bried Census2Pl0d 1m 20105eo h� CIfY OF CORPUS CHRISTI WESTSINE AREA HEVEIHPMENT PIAN 4 DECEMBER 6. 2H22 HECEMHER 6. 2H22 5 EXHIBITA 'TRODUCTIONGPS. ENGAGEMENT PROCESS gown Advisory Committee Meeting 1 Survey 1 Launched o Community Meeting and Open House 1 0 ` 'i Advisory Committee Meeting 2 0 The Advisory Committee met at An online survey was available to Community members attended the first ' The Committee members participated �E ■ ■ ■ City Hall with a"follow-up"meeting 1 the public,allowing for input to ■ Community Meeting and Open House to <., r in a workshop to discuss the draft vision for those that could not attend the o_ be received regarding the current — place at Martin Middle School to learn about — �y♦: � themes,policy initiatives,and potential — initial meeting to identify issues and conditions and vision for the the Area Development Plan process and give '"e ,.+ changes to the future land use plan. opportunities for the area. N_ Westside. ,� input related to the Westside's future. Advisory Committee Meeting 4 � Advisory Committee Meeting 3 � I Group The Advisory Committee met to review The Advisory Committee met to review A sefour focus group proposed action items and public draft vision themes,policy initiatives, meetings were held to discuss _ ■ ■ ■ ■ ■ ■ investment initiatives ■ ■ future land use plan,and potential — ` ■ ■ specific topics that are significant action items and public investment to the future development of the initiatives. Westside. N t� F unity Open Houses 0osted several open houses t the Westside area to informe the Community about thelopment Plan.Participants hadunity to learn about the Plane online survey. Survey 2 Launched L Advisory Committee Meeting 5 0 The second online survey was The Advisory Committee met to review Adoption _ ■ ■ ■ ■ ■ ■ ■ launched for the community to —w ■ ■ ■ and recommend the draft plan move , ,, ■ ■ 1 ■ ■ ■ ■ provide feedback on the draft plan. forward to be presented to Planning c c Commission and City Council. I I I iI I I I I I W F S I S 1 0 F A R F A 0 F V F 1 i EXHIBIT A 'TRODUCTION I I 00 SURVEY r SUMMARY Rate Your Priorities (Highest Average Rating from Puhlie Responses) Current Amenities and Services 326 , Total Respondents — Highest— , Average What are your top priorities regarding the quality of I'de in the Westside? ■ ■ —_—_ Commercial Services Lowest Average Rating ftk A40 Water ouaflty Most •• Family Oriented Parks andEnvironmental Recreation FamilV-Frieri Amenities Housing Options -, Environmentally Ut111t1e5 Frienaly Single • ed • • -•r-r r' r Entertainment•• • "Option ies and Issues I Opportunities I I Issues I Biggest •Salinas Park Improvements I I •Crime I ■■ r •Builtl on Previous Improvements I I •Flooding IChallenge- •Buffering Between Industrial and I I •Poor Streets and SidewalksPublic Improving Exist:inqParfks Transportation Most Needed Recreational Resitlential I I •Abandoned Homes •New Commercial and Entertainment I I I ti0 0 Improvement •Commercial and Residential Revitalization 0 E CE M 8 ER 5 2 D 2 2 1 1 E I M R I R 5r 2 D 2 2 r9 — — — — — — — — — — — — — — — — — — — — — — 'TRODUCTIONEXHIBITA INTR000CTI %4 COMMUNITY OPEN HOUSE MY VISION FOR THE WESTSIDE IS... // //Clean up the Commercial Facilities. Restore/Rebuild Older Neighborhoods Hold the owners accountable.// //More Housing// //More Nature Parks/ // //Curb Appeal// Modern Playgrounds More Community Centers// //Business Development// MOST IMPORTANTI'WHEN CONSIDERINGFAVORITEMY OF THE WHAT TYPE IHOUSING I NEEDED MOST? QEconomic Development Quality of Life 46 .2% � 1 A � 1 `a I', Revenue Generation tj iiTownhomes Other Impact on Transportation More family and children entertainment Drainage Impacts Safe walking paths or sidewalks to school WHAT IS MISSING MOST IN THE WESTSIDE? Outdoor park for physical Preservation of Open Space actwity 29.0% 19.4% 19.4% 9.7% 9.7% 6.5% 6.5% -Reduce food deserts with 'Fib To fix rental homes Environmental Impact farmers markets O Impacts on Cost of City Services Curb appeal Work development More Mixed-Use Professional New Parks Shopping Restaurants Entertainment small businesses able to Housing Office/ and Trails Personal Other:Incentives attract customers Choices Employment Services Opportunities Other:Infrastructure II.Y OF CORPUS CNRI'il WFC-F''IF AREA CFV F 1 0 PM FNi PLAN 10 OEC EMBER 6. 2N22 CECEMBER 6. 2N22 II 'TRODUCTIONEXHIBIT A INTR000CTI SURVEY # 2 SUMMARY Public Engagement Photos 1TIT ; Vision Themes REVITALIZATION CULTURE HEALTH AND SAFETY West side neighborhoods are invigorated by The City celebrates theeconorni development, heritage of west side West side neighborhoodscreighborhoods, neighborhoods by building1 1 enhanced are safe,family-orientedand acce s to job on their deep-noted communities that support ahigh quality of life. { bra, educational ning and culture. 97%AGREED 79%AGREED ` Comments "Create green space.Redevelop,but with green/smart development as a priority.Mixed-use _ spaces.Avoid,urban sprawl." a "I would like to see more cultural festivities be included and/or brought back to the west side. 't Maybe thecity can partner with west side schools and businesses to help sponsor such events. Such events could be used to incorporate health and other education information pertinent to times." �ePy, � "Lighting would support a high quality of life to prevent criminal activity." "I believe it should be more inclusive of all cultures." CITY OF CORPOS CHRISTI WFSISI OF AREA 0 F V EIO PM ENI PIAN 12 OECEMOI1 6. 2022 0FCFM OFR 6. 2022 13 1 r wv y 1 " mal► _� _ -� 4.w d FUTURE LAND USE MAP FUTURE LAND USE MAP The use of land is a critical ingredient in about land uses and development patterns determining the way people live and work. specific to the Westside planning area.The There are two factors to consider when future land use designations for Westside designating land use,how land is currently have been revised to reflect community being used and potentially could be used input,anticipated development,and best in the future.In many cases,the existing practices. active land use on the property remains unchanged.For undeveloped property,there The Westside Future Land Use Map serves as are opportunities to shape the way land can the guide for future zoning and development be developed in the future.In both cases, decisions and provides a foundation to the most direct tool cities have to guide support the vision and recommendations the development of land is through zoning. of the plan.This is accomplished by setting Zoning is the prescribed legal use of a parcel a land use framework that influences of land based on city regulations.Zoning is, regulatory mechanisms and policy decisions in large part,influenced by the designations that shape the built environment.Each of identified on the Future Land Use Map. the designations presented on the Westside Future Land Use Map correlates with the The Plan CC Comprehensive Plan(adopted designations identified in Plan CC. 2016)identified future land uses for the entire City and provided guidelines for development.The Area Development Plan process is intended to go into further detail W ESISI NE AREA NEV EIO PM ENI PIAN RECEM BER 6. 2822 IS EXHIBIT A T U B E L A N G USE MAP FUTURE L A N U USE M 0 FUTURE LAND USE CATEGORIES AGRICULTURE/RURAL COMMERCIAL USES MIXED—USE AREAS GOVERNMENT ENTERPRISECommercial land uses include retail,services, Mixed-use centers include residential,retail, Government uses include federal,state, hotel,and office uses that are typically hotel,and office uses.Mixed-use centers are county,regional and municipal government This category includes farms and other open to the public at large.High-density pedestrian-friendly with buildings oriented facilities and installations,except for enterprises that serve the rural population. residential uses,such as townhomes,cottage towards the street.Residential uses are government-owned institutions. housing,apartments,and condominiums are generally of a higher density,including considered compatible with commercial uses. apartments,condominiums,townhomes, Other commercial uses,such as wholesale cottage housing,and small-lot single-family * and distribution businesses,are included residential. RESIDENTIAL USES with in the light industry category because with differ The mixture can be vertical, rent uses on different floors of a PERMANENT OPEN SPACE they have similar impacts,such as high building,and horizontal,with different uses The predominant residential land use in the volumes of trucking.Schools,churches,and side by side.Churches,schools and public Parks and playgrounds,recreational fields City of Corpus Christi is the single-family neighborhood-serving public uses can be uses are included in mixed-use areas. and facilities,greenways,and other green dwelling at a range of densities.All residential included in commercial land use areas. areas managed for public access and categories also include schools,churches,and recreation. neighborhood-serving public uses. Low-density residential:up to 3 units per INSTITUTIONAL acre INDUSTRIAL USES FLOOD PLAIN Medium-density residential:4 to 13 units Hospitals,colleges,universities,schools, per acre(including two-family dwellings) Most of the industrial uses within the city large churches,and similar institutions, CONSERVATION limits of Corpus Christi are light industrial; whether public or private,are designated ■High-density residential:more than 13 heavy industry is generally located in the as separate land uses because of their units per acre industrial districts outside the city limits. campus-like character,which requires special Lands within the 100-year flood plain, attention to edges and relationships with preferably preserved for environmental adjacent areas. reasons. TRANSPORTATION Airports,railroads,highway and interstate rights-of-way. *Where deemed compatible with residential uses and typically at intersections,continue to allow Note:For more information about cate?17 ,,%neighborhood retail and personal services in residential areas.Doing so will enable residents without vehicles included in the Future Land Use Map,p r the ability to drive to more easily reach services by walking,biking or using wheelchairs. refer to pages 55-57 of Plan CC. I'll 11 CORPUS CHRISTI WESIS INE AREA NEV EIN PM ENI PIAN 16 NEC EMNER I, 2122 NECEM NER 6. 2 D 2 2 EXHIBIT A T U R E LARD USE MAP FUTURE LANDE M w 73% �•�-_L. ;' �� / � � � 181 SUPPORTED THE RSM 4,, LUSE ACRES % AND EA riculture/Rural: N' •SII. Cs g 20: 0% Enterprise Ceayrs r. .....................................................:...................: ¢crd ` Mixed Use 480; 4%; g ' commercial 1,521: 12%; .................................. ................... r Government 621: 5/0: t .. ... ......................... ............ . ...: ...........o \ \ _�• / r`. Institutional : 657 5/0 Heavy Industrial : 151; 1%; � ural en p Future La nd Use R er c.x.d e Light Industrial 2,263: 17%: ��� E �� ♦ �commem�al ,� ...............................:...................:................ i q MGoremmeat Low Density \ In st�tuna, Residential 178: 1%' `� eu •• _ :.................................:...................:..................: Heavy Intlus�na `\ E E Medium Density ���� Lght Intlustrial 3,632: 28% \ L o R tl :Residential : nr,- y High-Density �� ��� a gum-ens. ea.en Residential 202. 2% _. MHgh-o say Resitlertlml .. ..............................E...................i................. ^�•.......• tia Transportation : 2,089' 16%' :...:..............................:...................:................ / �n conservation \\� Tra n.n�ion Perm anent Open Sp- Transportation Permanent Open: wager PH Space :.......1,050............8% a-srn Reatlwa p..........................:. ___ —�� \ I44, J/ Popo etl Roatl ay f Flood Plain 110E 1% —� i\� i ` r0 wes�sitl eountlary Conservation i 8 Corpus Ch-hCity Limns ............................................................................ i Water 17 0% d EI o ti 2022 i v v Total: 12,991: 100%E h, `�� n g as or ��i mg i....................................:...................:...................: �— oM�a .ecmre---T — I � I f � Cliv IF CNNPNS CHNISiI ��I� �____ / --�/ WE&i�E A Nkv If� N[ N 18 NICEMBEI 6. 21'22 — �� ��� v� \ E ItB 6� 6. n2 19 VISION THEMES Although development is generally impacted i by a variety of regulatory factors,market influences,and budgetary availability;a community with a clear vision can better '�CIpP 1 sq,fi'Q ty'r focus the goals for the future.The vision JPS VISION THEMES for the community should future a high level Q nCe`t KCV2 hp$Illy overarching idea of the future that maintains nAYKS p�1�tI^�¢ a singular path for the future.To achieve that vision,the City must make an effort to direct ,t kl wS ' nve 60YlYYIIMI4q CRYW I> development and make improvements that 7` align with the vision. Through the public engagement process, ITS Vaawd A.ir.4,.���f i three vision themes emerged related to 'n4Wir /Wyk the residents'desires for the future.The •heM,y Sdiw2 k/�0•le�n,P(ty rer�,� following are the vision themes identified: �✓larh'n�,S 9 •Revitalization West side lghborhoods are devvelopment,preserved invigorated 1REp�Q�0L ' byeconomic and enhanced neighborhoods,and T`gt µaoa.lk oD 5 access to job training and educational Nati opportunities. •Culture C� The City celebrates the heritage of west ll side neighborhoods by building on their f deep-rooted culture. •Health and Safety West side neighborhoods are safe, family-oriented communities that support a high quality of life. W ESISI NE AREA NEV EIO PM ENI PIAN RECEMRFR 6. 2822 21 1 ` n _ r ®�� '''•..�"V a r�C�i••, AGREED WITH THE VISION THEME i REVITALIZATION KEY ELEMENTS COMMUNITY INPUT West side neighborhoods are invigorated by economic development,preserved and enhanced New Commercial Development for Local "Restore/Rebuild Older Neighborhoods." neighborhoods,and access to job training and educational opportunities. Businesses "All the business left Leopard.It use to be •Safe Paths for Pedestrians and Bicyclists good.Make Leopard St.great again." Enhancement of existing assets within the west side neighborhoods encourages the Enhanced Streetscape "There should be protected bicycle lanes revitalization of major commercial corridors and thriving residential neighborhoods.In the along each major corridor.." future,a mix of new development on large parcels and the redevelopment of infill sites within Public Transit "Would love to see growth in my the existing neighborhoods creates opportunities for local business owners and serves as •Lively Street Life Neighborhood:' a catalyst for the area's continued development in the area.Public improvements such as bike and pedestrian paths,Streetscape enhancements,and public transportation also help Residential and Commercial Infill "Revitalization can't come at the price of to support private investment in redevelopment efforts.Additionally,partnerships with local Development affordability." agencies increase job training opportunities resulting in new jobs for residents of the Westside and city-wide. "Fix streets/sidewalks to spur re-investment:' II'y OF CORPOS CN RISiI WFSISI OF AREA 0 F V EIO PM ENI PIAN 22 OEC EMBER 6. 2022 0FCFM OFR 6. 2022 23 EXHIBIT A 1 T V ill I _ � 79% IL AGREED WITH THE VISION THEME CULTURE KEY ELEMENTS COMMUNITY INPUT The City celebrates the heritage of west side neighborhoods by building on their deep-rooted culture. Festival at a Community Cultural Center "The historic fabric of the Westside neighborhoods has the tried and true recipe Farmers and Artisan Market with Local for more walkable communities.Identify and Vendors promote the key elements of density and mixed As the hub of the Hispanic community in Corpus Christi,the culture is influenced by the people Murals by Local Artists on Buildings use that have developed in these neighborhoods • who historically built and supported the west side,such as Dr.Hector P.Garcia and Antonio E. over the years and feature the successes." Garcia.Today,the west side is known for being diverse,welcoming,and full of tradition.This Redevelopment to Support Local unique culture and sense of community are continued by multigenerational residents who Businesses My favorite part of the Westside is..."My Home. choose the west side to raise their own families.The identity and character of the west side are My Life.","Tradition","Family,Diversity" evident through the gateway monumentation,streetscape enhancements,branding elements, Enhanced Streetscape and murals featuring local artists.Redevelopment and revitalization promote new investment in "Culturally rich community "Keep the local the area and encourage local business owners to invest in their own neighborhoods.Community District Branding Elements character","Cultural heart of the city" events such as cultural festivals and local farmers or artisan markets further strengthen the "Protected bike paths and more pedestrian community by bringing together residents and celebrating the history of the west side. friendly ways to be inclusive of everyone!" Cliy OE CORPOS CH RISiI W F S I S I DF AREA DEV EIO PM ENI PIAN 24 DECEMBER I, 2022 DFCFM OFR 6, 2 D 2 2 25 I i^3 �'85%• AGREEG WITH THE VISION THEME HEALTH AND SAFETY KEY ELEMENTS COMMUNITY INPUT West side neighborhoods are safe,family-oriented communities that support a high quality of life. Improved Lighting in the Parks and Along "Believe it or not people want to be healthy Roadways also,make some nice trail environments with lots of trees so we get quality air and •Park improvements at Salinas and Hector peaceful spots to go with family and pets" The west side is home to several high-quality neighborhoods and regional parks with P.Garcia Parks opportunities for various recreational activities.Green spaces of any size in a community are "Getting to know fellow neighbors is a great an amenity that allows the community to gather and support a healthy lifestyle.In the future, •Soccer and Baseball Fields way to build a safe strong neighborhood:' enhancements to existing parks,such as improved lighting,new recreation equipment,and Trail Connections to Adjacent "Lighting would support a high quality of life increased landscaping aim to meet the community's needs and create a safe,family-friendly Neighborhoods to prevent criminal activity" environment.Residents will feel safe in their neighborhoods.Additionally,improved streets and sidewalks allow pedestrians,cyclists,and vehicles to safely navigate the west side using Trails Located Along Drainage Channels "Safe walking paths or sidewalks to school" multiple forms of mobility.A comprehensive trail network improves mobility across the area Safe Sidewalks and Bike Paths Along and increases access to services,enhancing the overall quality of life. Roadways CITY OF CORPUS CHRISTI WESiSl1E AREA NEV EIIPMENi PIAN 26 OEC EMBER 1, 2122 NECEM BER 6. 2122 27 I LEMEN ' POLICY INITIATIVES } Seven policy initiatives were established to focus on implementation efforts to achieve the f P visions described in this plan.Policy initiatives are not exclusive and may further the goal of oneor more vision themes.For each policy initiative,strategies are identified to support the implementation of the efforts.These strategies are the actions taken by the City that lead to the successful implementation of the plan. fill I 'I • • POLICY INITIATIVES AND IMPLEMENTATION ..................................................... ... ............................ ..................................:..................................:.................................. : ..................................:.................................................................... ..................................:..................................:.................................. : "iq' ..................................:..................................:.................................. : - - BEV F 1 0 PM FNi PLAN :FCFMRFR 6. 2022 29 ITA P O L I C Y INITIATIVES ANO I M P L E M E N T A T I %4 1.5.2. Ensure the City's code 1.6.1. Engage with residents to spur enforcement team is sufficiently the creation of more Neighbors staffed with one code on Watch(NOW)groups. ENHANCE OVERALL OF SAFETY9 6% enforcement officer assigned to 1.6.2. Engage businesses to start THROUGHIMPROVED PROGRAMMINGor saucy xL respondents. each Police beat to proactively the Business Watch program SAY ITS IMPORTANT addressissuesincoordination where,similar to the Neighbors AN I ENVIRONMENTAL DESIGN. with the Police department. on Watch program,the Police For example,five new officers Department partners with local were funded in the City's FY business owners to increase 2021/2021 budget. the security of businesses and HOW WE GET THERE 1.5.3. Continue the positive work of reduce crime in the area. the City's Nuisance Abatement 1.7. Create and implement an action plan to 1.0. Install and upgrade lighting to improve 1.2. Support the Red Cord Diversion Team,which is a collaboration address stray animals. safety and reduce crime. Program,which is a program to of City departments formed to 1.0.1. Assess lighting conditions along rehabilitate sex workers.The program address properties posing the 1.8. Support neighborhood clean-up events. streets and in parks with a focus began in 2012 and is a community worst threats to public health Evaluate a program like Plano's"Love on lighting to improve safety for partnership between the Nueces County and safety. Where You Live;'a social and physical District Attorney's Office,the Coastal neighborhood transformation program. mobility and to reduce crime. Bend Wellness Foundation,the Nueces y 1.5.4. Continue to provide grants for Physical transformation involves 1.0.2. Developprogram to install County Public Health District and the Minor Home Repair to assist low- cleanup and home repair projects. more street et lighting. Corpus Christi Police Department, income or elderly homeowners 19. p p to make needed home repairs. Support neighborhood organizing 1.0.3. Prioritize lighting improvements among other groups.Complaints about efforts as a grassroots approach to along Morgan Ave.and Baldwin the impact of prostitution on residents' 1.6. Support and expand community-police identifying and addressing issues Blvd and along Up River Road quality of life were mentioned in the partnerships. between Leopard St.to Port Ave. initial project survey. 1.1. Reduce opportunities for criminal 1.3. Police officers should continue to activity by implementing crime engage with children through the Police prevention strategies. Athletic League(PAL),which has served _ 1.1.1. Develop design guidelines that over 2,000 children so far. incorporate Crime Prevention 1.4. Support the Police Department's Gang P Through Environmental Design Unit,which works to strengthen local, principles into appropriate state,and federal partnerships to ,c ordinances. reduce gang crime and the fear of gang .: 1.1.2. Evaluate methods to prevent crime. 4 j cut-through traffic on Mary 1.5. Develop programs to address 1 Street between 19th Street and homes and businesses that are not Port Ave.,which could reduce in compliance with the property criminal activity in a high-crime maintenance and building codes. , area that is often done in a 1.5.1. Work with property owners drive-by/drive-through manner. to address specific property maintenance and safety issues. National NigM Out CIiY 11 CORPUS CH RISi1 WE"SISI NE AREA NEV EIO PM ENI PIAN 30 DECEMBER 6. 2822 RECEMBER 6. 2822 31 L I C Y INITIATIVES AND IMPLEMENTATION EXHI ��������������������� �� IMPROVE00 " 'I ' i I I impacting west side neighborhoods 1.11. Conduct a blight study and target and developa line of communication investments where they are most DRAINAGE ' iSTRUCTURE I CREATE between residents and policymakers needed to improve the quality of life and i i ENVIRONMENT I ' i ROAD 9 9 that promotes public engagement. safety in declining neighborhoods. 1.9.1. Identify specific neighborhoods 1.12. Evaluate the possibility of locating City AND MITIGATE IMPACTS I or saucy xL respondents. or districts within the City's west police substations near elementary SAY ITS IMPORTANT side planning district,such as schools or stationing police officers near 2 I ' Molina,Westside,New Addition, elementary schools. THE OM FLOODING. Los Encinos,Las Colonias, 1,13. Evaluate the potential use of new among others,since each software that can address blight, neighborhood will have its own vacancy,problem properties and"shell f W WE GET THERE concerns and needs. LLCs",and prioritize and streamline 1.9.2. Host neighborhood safety inspections. 2.1. Coordinate with the Corpus Christi meetings with the Police Metropolitan Planning Organization Department and Neighborhood (MPO)to update the Urban Services. Transportation Plan based on travel demand modeling. 1.9.3. Support Asset-Based Community Development 2.2. Where drainage channels are installed, (ABCD),which is a strategy for encourage a Swale design rather community-driven development than the outdated V'type ditch. where a neighborhood is Swale design drainage channels allow mobilized and empowered to parklike amenities,attractive pocket identify existing assets so that prairies,and sidewalks/bike paths,while they can respond to issues and providing flood protection and wildlife create opportunities for positive habitat opportunities.Natural ground change. cover should replace concrete liners in existing drainage channels where ever Example ola Pocket Prairie Alma a Hike and Bike Nth 1.10. Develop a process for the City to acquire possible. abandoned properties and prepare them for future infill development. 2.3. Investigate opportunities to reduce peak stormwater flows and localized flooding while also enhancing local landscaping r aesthetics.Examples include rain gardens,bioswales,and increased use DevelopmentAsset-Based Community of rain barrels for rainwater capture and landscape irrigation. "The Asset-Based Community Developmentte is t the ter of 2.3.1. Evaluate incentives that growing movement that considers local assets as the primary building blocks of encourage residents to localsustainable community development.Building on the skills of local residents,the power of associations, a -supportive . . . institutions, implement these features. community development draws upon existing community strengths to build stronger 2.4. Ensure public infrastructure and Institute - more sustainable communities for the future."-ABCD I DePaul facility projects of all types-like parks, Chicago libraries,and street projects-include Example of Residential Rainwater H—stinq Barrel CIfY OF CORPUS CHRISTI WESISIGE AREA IFV'ELS PM ENT PLAN 32 DECEMBER s. 2122 0ECEM BER s. 2022 33 EXHIBIT A L I C Y INITIATIVES ANO I M P L E M E N T A T I O N P O L I C Y INITIATIVES ANO I M P L E M E N T A T I 0 %4 improvements to increase storm water 2.6.2. Enhance Old Brownsville Road 2.10.Continue to monitor the progress of the capacity. from Airport Road to South La Volla Creek drainage assessment and 2.5. Continue to incorporate best practices Padre Island Drive(SPID)with implementation.Incorporate park-type to provide safe transportation facilities improvements for all forms of amenities and connect the facilities to for all road users through complete travel-bikes,pedestrians,and the larger trail network. streets and Vision Zero principles bus riders.(ICSP 2011) 2,11. Explore opportunities to install when designing future roadway 2.7. Identify the primary gateways to the stormwater detention,retention,and/ improvements. west side area and establish gateways or rain gardens and bioswales that on 2.5.1. Provide signals and mid-block with monument signs,branding enhance parks. elements,or enhanced landscaping crossings on streets withTheCitycurrentlyworkingdecrease 2.12.Make a targeted effort to clean ditches long blocks to facilitate safecrashstatisticsendorsingVisionZero using native vegetation to give a sense in the Westside. pedestrian crossing. of place and local identity. andtakingequitableanddatadriven2.12.1. Create a public campaign to 2.5.2. Coordinate with the RTA to 2.7.1. Primary gateways for educate the public about issues place bus stops in locations that serious injuries for all who share Corpus consideration might be: related to litter and debris in encourage bus riders to cross Christi streets and waterways by 2040. »Intersection of Morgan Ave.at drainage ditches. streets at safe locations. Port Ave. Goals of Vision Zero: 2.5.3. Improve pedestrian crossings »Agnes Street at N.Padre Island across Leopard St. Dr.(SH 358)&Agnes and 21st 2.5.4. Evaluate the need for better Christi's commitment toVisionZero Street(Cesar Chavez Memorial school zone signage and GoalDevelopCollaborativeHighway) flashing signs behind Miller High Leadership&Accountability Intersection of Baldwin Blvd. School. and Morgan Ave. 2.6. Implement the recommendations of 2.7.2. Improve landscaping along Integrated Community Sustainability Plan gateway corridors. Plan(ICSP). _, _. 2.8. Ensure priority residential streets 2.6.1. Evaluate"four to three are incorporated into the City's conversions"for Morgan Ave. Infrastructure Management Plan(IMP). S west of Port Ave.,Baldwin Blvd., T Airport Blvd.,and Gollihar Rd., I I 0 2.9. Coordinate with the Regional which would change the design "OVTransit Authority(RTA)about from four lanes(two lanes in •C• potential improvements in west side each direction)to three lanes neighborhoods such as more direct (one way in each direction with ZERO routes and a greater emphasis on a center turn lane).This type of arterials rather than neighborhood roadway conversion improves streets.The recommended network safety and efficiency,and can i also includes improved route spacing, +� .!S CHRIST resulting in more intuitive service bolster commercial growth by for new customers.(RTA Transit Plan improving access for all users 20/20) by providing space for widened sidewalks and other activities - along the corridors.(ICSP 2011) E—pi.fDim<.m<c.—y S19ti CIiY OF CORPNS CHaISiI WESi�.LE AREA REV F10 PM ENi PLAN 34 oLeLMaLa s. 2022 oLeLMeLa s. 2022 35 ITA P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T I 3.2.2. Encourage community participation and partnershipsIMPROVE OR EXPAND to implement the recommendations of the Parks AND PROGRAMMING Ci's�rVy2 resporderts� Master Plan Update(underway SAY ITS IMPORTANT at the time of print). SUP � ' f HEALTHY 3.2.3. Encourage community LIFESTYLE. participation to identify programming needs for parks in HOW the Westside. 3.3. Help ensure residents have access to 3.1. Expand trails,bike lanes,and sidewalks facilities along stormwater fresh,affordable food. to increase bicycle and pedestrian drainage channels,such as along 3.3.1. Conduct an assessment of connectivity throughout the area. the ditch north of Horne Road where grocery stores,food 5�ryanen Nike/Bike hail Al q a Drainage Ch.—I 3.1.1. Implement the on-and off- between Airport Boulevard and pantries,community gardens, street bike infrastructure(paths Greenwood Drive,which would and other sources of fresh foods and sidewalks)according to connect parks and schools to are currently located to identify the Strategic Plan for Active neighborhoods. suitable locations for additional resources. Mobility,Phase 1 Bicycle Mobility. 3.2. Prioritize full development of existing 3.1.2. Expand public transportation parks and regularly maintain them 3.3.2. Encourage the creation of public infrastructure to provide access according to the City's Parks Master markets or farmers'markets Plan. within the west side area and to parks in the west side area, with bus stops nearby. - such as Salinas Park. 3.2.1. Identify appropriate locations .. 3.1.3. Construct bicycle and pedestrian for new park amenities, 3.4. Create a sidewalk network that provides including community gardens. pedestrian connectivity among residential,retail,commercial,and _ recreational uses. 3.4.1. Improve sidewalks along Morgan .'^.... , ��.. Ave.and Baldwin Blvd. E.a Iy mS19-11-M-1.1,--9 3.4.2. Construct sidewalks along 3.6. Continue to support and increase Navigation Boulevard to serve participation in healthy living programs residents between the future to target mental health and diseases PPP extension of Bates Road and Old Brownsville Road. such as diabetes,heart disease,and {. hypertension education. 3.5. Pursue grant opportunities to implement Safe Routes to Schoo3Seek partnerships with I .6.1. 9 organizations within ■ Programs that promote safe neighborhoods like faith-based '4 opportunities for walking and bicycling to school. organizations to help promote L - education programs. Example of a Farmers Market iY OF CORPUS CHRISTI WESISI NE AREA 0 F V F 1 0 PM ENT PIAN 36 OEC EMBER 6. 2022 0FEFMRFR 6. 282237 EXHI ��������������������� �� L I C Y INITIATIVES AND I M P L E M E N T A T I O N SUPPORT00 " OF HOUSING 3.6.2. Provide education on making 3.9. Partner with the RTA or other agencies OPTIONS 1 AFFORDABILITY healthy food choices that are to provide free or low-cost rides to affordable and reasonable for doctor appointments rather than burden 1ENCOURAGE9 8 busy households. ambulances and hospitals with minor LEVELS ......... 3.6.3. Support programming and emergencies. 1 1 ' 1 or saucy xz respondents. infrastructure to encourage 3.10.Support efforts to provide resources SAY ITS IMPORTANT SUSTAIN walking,jogging,biking as a to help the unhoused and individuals HOUSING4 THE EXISTING 1 healthy activity that reduces suffering from mental illness,such disease,such as community as funding"supportive permanent events like the Mayor's"We housing." Run This City"monthly runs > ' W WE GET THERE or other"fun runs",Safe Fun-Fit at the Bayfront,Walk- 4.1. Create a Property Assistance Program Rezonings can cost around With-A-Doc,walking school to help reduce regulatory barriers that $1,500 and 2.5 to 3 months of buses,and cyclovias,which low-to moderate-income households time. are streets temporarily closed experience when trying to improve their 4.1.3. Create a program or amend the to motorists but open to houses/property. Unified Development Code to bicyclists,pedestrians and other 4.1.1. Evaluate implementing reduce the burden of having to nonmotorized travelers. a"tangled title"or title combine lots into one larger lot 3.7. Improve access to healthcare and social remediation program to provide ("replat")when property owners services. legal assistance to low-income are building a new structure in 3.8. Collaborate with community partners to residents to obtain a clear an existing neighborhood. address root causes of health inequities title to a property they have 4.1.4. Offer pre-homeownership experienced in the west side area. inherited.Having a clear title education about the financial is essential to keep residents obligations of purchasing a new housed,allows the owner to home,such as budgeting to pay benefit from the ability to sell property taxes,insurance,utility their property,and enables them bills,and maintenance costs. _ to apply for housing grants -------� offered by the City. 4.2. Continue to promote infill residential— -------__ 4.1.2. Reduce or rebate rezoning fees development. for properties within single- 4.2.1. Continue to fund the City's r family neighborhoods whose recently overhauled Infill current zoning prohibits single- Housing Incentive Program. it family uses and where the 4.2.2. Support housing agencies that rezoning complies with rezoning build new homes in existing _ - criteria.In some recent cases, neighborhoods. - a property owner has had to 4.2.3. Create a resource available rezone their lot to a residential to the public that identifies zoning district despite being in residential homes or vacant a single-family neighborhood in lots available for purchas!?39 Sp-1 EmpM1asis1 order to build a new house or promote infill development Oak Park an addition to an existing home. available properties. iY OF CORPUS CHRISTI WESISI NE AREA NEV EIO PM ENT PIAN 38 DECEMBER 6. 2822 RECEMBER 6. 2822 EXHIBIT A L I C Y INITIATIVES ANO I M P L E M E N T A T I O N P O L I C Y INITIATIVES ANO I M P L E M E N T A T I 0 %4 4.2.4. Identify properties where 4.5. Encourage the development of various 4.5.1. Conduct a market study to are reconstructed and ensure rezoning would help facilitate housing types to meet housing needs at determine why type of housing funding is available for this the construction of homes on multiple income levels. the city needs. need. vacant or underutilized lots. 4.5.2. Continue to evaluate code 4.6.2. Evaluate retrofitting or 4.3. Protect existing and future residential requirements for accessory improving existing infrastructure neighborhoods by encouraging dwelling units(ADUs)–also through Low Impact transitional land uses such as retail, _ called mother-in-law's quarters Development(LID)to reduce office,or open space to serve as a or backyard apartments–that run-off and improve stormwater buffer between industrial areas and - provide additional housing quality. residential areas. — options and sources of income 4.7. Implement neighborhood improvement 4.3.1. Use zoning to create buffers to the principal homeowner. projects in west side neighborhoods as between existing and future "^' 4.5.3. Consider amending the City's opportunities become available. residentially designated areas Unified Development Code 4.8. Support the protection of residents from industrial areas. to allow stick-built homes in in Dona Park and Academy Heights 4.4. Establish a tax abatement program for manufactured home("RMH") neighborhoods the rehabilitation of existing dwellings - and office("ON")zoning to preserve and revitalize the historic districts. 4.9. Evaluate the need for and possibility of a quiet zone for the neighborhoods near Oak Park,Westgate,Highland Estates, 4.6. Improve drainage in neighborhoods, the Agnes Street railroad crossings to and Saxet neighborhoods. such as within the Molina area. reduce the impact of loud locomotive 4.6.1. Upgrade deficient stormwater horns on residents'quality of life. Example pf Garage Apartment Accessory Dwellinq Unit infrastructure when streets � r , �M v 'did r� fF � ,.. La Volla Creek Drainage Area an0 FIppO Insurance Rate Map Exhibit �liv of ooaRu� oea���� �EVEtoRMERi RtaR DEkCEMBER 6. 2C22 :ECEMCER 6. 2C22r411 40 PRESERVE,PROMOTE,AND EXPAND PUBLIC AND PRIVATE COMMUNITY SERVICES iAND CULTURE OF THE WESTSIDE. PROGRAMS. CELEBRATE SAY ITS IMPORTANT , SAY ITS IMPORTANT HOW WE GET THERE HOW 5.1. Encourage cultural events and festivals 6.1. The City's Homeless Services and 6.3. Increase access to youth programs that celebrate the heritage of west sideCelebrating Local History: Workforce Housing Division will through schools or other non-profits, neighborhoods. Dr. P. continue to coordinate with non-profit such as sailing and swim classes or 5.1.1. Identify a suitable location and organizations,local churches,and outdoor adventure programs,so that all develop the site to support other partner organizations on efforts youth can benefit from the community's community events such as that improve conditions for those natural amenities regardless of their festivals,markets,and other experiencing homelessness to achieve household income. gatherings. e tab ishing his medical practice in Corpus the goals of coordinated entry,family 6.3.1. Partner with Grow Local South Christi,he discovered that many Mexican-5.2. Coordinate with Texas A&M Corpus reunification,housing,and jobs,as well Texas and the Mary Grett Christi(TAMUCC)to expand the capacity encountering a wide variety of problems.A as reduce the impacts of homelessness School,Westside Helping of the Antonio E.Garcia Arts and decorated veteran who served in the U.S.Army on neighborhoods. Hand,Boys and Girls Club,and Education Center. Medical Corps in Europe,Garcia vowed to 6.2. Educate the communities of the west the Antonio E.Garcia Arts& improve conditions for the Mexican American side study area about City events and Education Center to work on 5.2.1. Explore the possibility of resources. life skills through gardening and expanding the physical presence food production. of the Garcia Center by adding 6.2.1. Continue outreach events to additional locations. The American G.I.Forum to help Mexican actively educate the public American veterans protect their 5.2.2. Work with the Garcia Center to and later about available services,and the organization becamea national leaderin issues impacting public and increase exposure to the arts ineducation, environmental health. the community. 6.2.2. Partner with established 5.3. Build upon the unique historic urban organizations within design found in some of the west neighborhoods,like faith- side neighborhoods and commercial corridors. 1=rr based organizations,to share - ...,_. information and educational 5.3.1. Conduct an inventory of opportunities. historic properties and historic 6.2.3. Seek help from elected officials neighborhoods in the west _ i - side area.Historic property and other community partners to promote opportunities and can become eligible for tax increase participation. - - incentives. 2021 aim:R.—ti -u at 0--i y E ' :i Y O F C O R P u S C H E L N P M E N i PLA N 42 DECEMBER s. 2122 :ECEMRFR s. 2022 43 ITA P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T I FOSTER 'I FOR ECONOMIC DEVELOPMENT7.5.2. Use code enforcement programs such as wide sidewalks,bicycle to target non-compliant infrastructure,trees,and INCREASES ' 9 8% properties to prevent decline. reduced setbacks that support a I walkable area-that activate the ---� 7.5.3. Address any deficiencies In or survey xL respondents infrastructure to this industrial area and create a community AND ' OR SAY ITS IMPORTANTarea. oriented development. 7COMMERCIAL AND INDUSTRIAL AREAS. 7.6. Work with the Corpus Christi Regional 7.7.2. Utilize grant programs such as Economic Development Corporation the HUD Choice Neighborhoods (CCREDC)to promote and implement program to comprehensively > HOW WE GET THERE economic development tools to address struggling encourage investment in the west side neighborhoods with distressed area. public housing,such as those 7.1. Encourage the development of an near the Memorial Hospital site. incubator to support small business 7.6.1. Identify and promote eligible funding opportunities within 78 Coordinate with the Inclusive development. g pp the Highway 286 Corpus Christi Development Network-Corpus Christi/ 7.2. Coordinate with SCORE and the Del Nueces County to implement strategies investment within the area Mar Small Business Development Opportuniy Zone to support identified in the five-year strategic plan Center to promote small business to reach the four plan goals: development and provide resources for boundary. entrepreneurs. 7.6.2. Actively promote the Type B �I Goal 1: Meet the demands of sales tax economic development economic growth by connecting 7.3. Target reinvestment for commercial fund to attract companies to identified target populations to well- businesses along major corridors create or retain jobs in the west paying jobs. including the Leopard St.and Morgan side study area. Ave.corridors. »Goal 2:Find ways to remove 7.4. Support revitalization and upgraded 7.6.3. Evaluate creating a Tax barriers to activate women who are infrastructure to encourage the Increment Reinvestment Zone currently out of the workforce. Example of lnEustrial District Entryway Signage (TIRZ)for the Morgan Ave.and development of more restaurants,retail, Baldwin Blvd.area to support p Goal 3:Leverage the expanding and nightlife to serve west side area reinvestment in the district. opportunities associated with residents. the growing manufacturing, to 7.6.4. Create a a improvement industrial,healthcare,construction, 7.5. Designate and promote the industrial ;y,, program assist st business and business sectors to further area along Agnes St.between Baldwin - � ` owners with making exterior Blvd.and N.Padre Island Dr.as a key - -_ develop our local workforce and industrial area of the city. improvements to existing structures. entrepreneurial ecosystem. 7.5.1. Install consistent district signage p Goal 4:Establish an Envision 7.7. Coordinate with property owners and and landscaping to indicate the Economic Development Training stakeholders to support redevelopment area as a cohesive industrial of the Memorial Hospital site and &Skill Community Center(in district. surrounding properties. Opportunity Zone)-Establish 7.7.1. Promote a mix of land uses Westside Community Center in Hispanic Neighborhood.(City and urban design features- Identified as Partner) Example W InEustrial District LanEscapi�q C I1 Y O F C O R P U S C H R I S T I W F S I S I N E A R E A N E V F 1 0 P M E N I P I A N '44 oFCEMaFR s. 2022 0FCFM CFR s. 202245 EXHIBIT L I C Y I N I T I A T I V E S A N 0 I M P L E M E N T A T I O N T A T I a. 7.9. Coordinate with the Inclusive F.. Development Network-Corpus Christi/ , Nueces County to provide resources such as childcare and workforce training to reduce barriers to entering the workforce. 7.10. Educate the community about funding opportunities for higher education •�- such as the Hazelwood Act for military families. 7.11. Support the development of public markets accessible by bus."Latino Tt Vendor Markets;'for example,have been shown to foster social connection, - - and provide a sustainable source of income to low-income individuals. 7.12. Expand water and wastewater _ - I,,' --• infrastructure to undeveloped areas •' south of S.Padre Island Drive and located within the existing city limits as of 2022. 7.13. Develop an anti-displacement action plan so that existing residents and local businesses can afford to remain in -: revitalized neighborhoods. CIfI 11 CORPUS CHRISTI 4fi DECEMBER 6. 2122 U E L I C INVESTMENT IN T'IV PUBLIC INVESTMENT INITIATIVES The built environment is the physical The Infrastructure Management Plan(IMP) interpretation of the vision for the is a five-year rolling program that focuses on PUBLIC community.The following public investment the maintenance of Corpus Christi streets. projects represent improvements that This ADP identifies street improvements directly support the implementation of the located within the Westside area boundaries INVESTMENT vision and goals.These projects should in years 1 and 2 of the 2021-2026 IMP which inform the capital improvement program fall within the short-term time frame. (CIP).Some identified projects are currently INITIATIVES planned capital improvements the Mid-term projects are not as attainable City.Others are proposed projects s for within the first five years.They require implementation based on feedback from the planning or funding to prepare but should be community.The public investment projects implemented in six to ten years. are divided into different time frames: Long-term projects may not currently have •Short-Term(Next 5 Years) an anticipated time frame for implementation or may require prerequisite planning before •Mid Term(6-10 Years) implementation.Long-term projects should be revisited to assess the status of the •Long-Term(More Than 10 Years) project and determine if implementation can Short-term projects can begin soon after be accomplished sooner. adoption.These projects are considered'low hanging fruit."They are more attainable and do not require large amounts of funding. These projects are generally planned CIP projects in the next five years. W F S I S I D F AREA CFV F I D P M FNi PLAN I F I F M B F R B 2 D 2 2 49 �`•�• Nueces 1 EXHIBIT A BLIC INVESTMENT INITIATIVES SHORT-TERM(1-5 YEARS) S' 181 P21mSparkling City Fed Improvements rkl I I ents FV24 Westside Stat near Del Ma College West Campus '" $ Leopard Street(Crosstown Expwy to Palm ... ................................................................... PSII _r IF7]3 I I $ Leopard Street(Palm Dr to Nueces Bay Blvd) Public Health Department Building Improvements $ Flato Road(Bates Road to Bear In.) ... ........................................................... .........: Holly Road(Crosstown Expwy.to Greenwood C us Former Frost Bank Renovations for $ Dr) _ Csti Development Services,Fire Headquarters fi ....................................................... Lu?:7fi'1 P Bay P II .......... gency Operations Center GoI Char Road(Crosstown Expwy.to .Emer......... ................................................. Greenwood DQ 8 .• G3 Y Fire Station#10 Demolition and Re lacement gg P Castenon Street(Trojan Dr.to Delgado St) E3 y.� yygb' Fire Station#9 Demolition and Replacement @b EEE333{{{ + 17 H Police Property Warehouse Renovation St Cheyenne Street(Baldwin Blvd.to Tarlton... ... ..................................................................: yen .. $ Tarlton Street(Port Ave.to Cheyenne St.) H Fire Station#3 Demolition and Replacement ... ....................................................................: *� Martin Street(Holly Rd to Dorado St.) ..I .......M 94;1$41111 NOW . $ Lantana Street(IH 37 to Up.Ri Rd) / Pl :Academy Park(District 1 Parks) ... ....................................................................: .............................................................................: $ Nueces Bay Boulevard(Leopard St to IH 37) Y P2 ;Temple Park(District 2 Parks) '" .. ........ ... .... ... .. ... ... Airport Road(Morgan Ave to Horne Rd) Y\� P3 :Salinas Park(District 3 Parks) ....................................................................: .............................................................................: B dwn/Morgan Intersection Evaluation j P4 :Saunas Park Neighborhood Connections a i :........:................................................................... : Mary Street Crime Prevention Evaluation P5 :Salinas Park Sports Feld LghtinM JIM .................................................................... .'F'eAi�7G0 :........:...................................................................: Street Lighting Assessment* P6 ;Gabe Lozano Golf Course Greenwood Drive Preliminary g (Port ............................................................................. .. e r . Design(Por........� P7 :Gabe Lozano Golf Course Club House to Horne Rd.) ImprovementsAve............................................................... :........:......rove...ents..............................................: Bush Street(S Padre Island Dr to Holly Rd.) .............................................. ....................: P$,j;Harbor Bridge Parks Mitigation : .....:...................................................................: Lipan Street Sidewalk and Traffic P9 Ben Garza Park(Harbor Bridge Mitigation fi Improvements l� Support Projects) .P10 ;Sports Field Improvements(Greenwood Park) t � \ .......:...................................................................: ;Port Avenue Water Line Replacement \\ Pit :Oak Park Recreation Center .............................�............................................. U2 : ...................................................................: JC Elliott Landfill fi Transfer Station P12 Westhaven Park Improvements :Impro ents ""• ........................................................................ . em / Dr.Hector P.Garcia Hike and Bike Trail Along 1 U3 'Drainage Culvert Improvements for Molina M iniaauves sn term vrolecss P13 Dltch .... .G...............�..t...........Treatment*******....t......[Plant.........: :...........................................................................: reenwoo Wastewater er tea men an 7 'wL U4 La Voila Creek Detention Pond Recreational :Improvements e11e P14 :Amenities ... . ............................................... CSrC:0�3s us • sv I ........:..................................................................: :US ;Nueces Bay Blvd fi Poth Lane-Water line B uuoyri"rasw"w�e i.,v�ovems P15 ;Oak Park Entrance Enhancement on 1-37 McBride Lift Station and Force Main U .... ...... ................................. ............................................................................. ' Joe Garza Rec Center/Zavala Senior Center :Improvements at' P18 Mult General onal Facility cot us nrwi cTy cim .............................................................................: U7 La Volla Creek Regional Detention Pond P19 Universal League Feld Improvements .............................................................................. ...........................................................: P20 w is de Pony Field Improvements II *Project Not Mapped \ _ CIiY OF CORPHS CHRIStI 50 HEC EMBER 6. 2022 ._ ----- Nueces 11 Be _._:, •'y'r' EXHIBIT A "' B LI C INVESTMENT INITIATIVES P lB 6 LII C Ifj �' ES IT MEfd T f1T INFRASTRUCTURE MANAGEMENT PLAN(2021-2026) I�r $�= "•°� .8 � tat Garden Rd(Vestal Stto Juarez St ....................................................................: ...................n St.. _3 E Delgado Street(CastenoSt to Salazar i Garden St(Prescott St to Juarez St) � � 6 StJ i Soledad St(Greenwood Dr to Carver Dc) „ ........... � Dr er Circle(Riverton Dr to Langton.....Y... Ave.) Green Pass Dr(Green Park Dr to Dead ......................................... ....... i yyFio Golden Gate Circle(Old Brownsville Rd.To: End) etv ..................................................................... Dead End) i Green Point Dr.(Bear Ln to Dead End) Corpus ....................................................................: ....................................................................; Green Lane Drive(Green Tree Dr.to Dead Hampshire Rd.(Padre Island Dr.to Benys I End)........ i Rd) w Y .. .. .................................................. .. ..... ... . ..... C��sti ............. Green Leaf Drive(Green Tree Dr.to Dead Juarez St(Castenon St.to Salazar StJ tis i.. .End) ....... ...........................................................i Langton Ave.(Darcey Dr.to Dryer Cir) GreenPark Drive(Green Point Dr.to """""""""""""""""""""""""""""" Green Gate DL) IGfl Mansheim Dr.(Dead End to Orchid Ln.) - - - """"""""""""""""""""""""""""' 5 S Port Ave.(Baldwin Blvd.to Morgan Ave.) 17th Street(Crosstown Expwy.to ... ................................................................. Marguerite St.) S Prescott St.(Gollihar Rd.to Trojan St. —� :.. ..................................................................... ... ....................................................................: Om San Saba Drive(Concho St.to Corral St.) S D (Dryer Ciu To Archdale Dr) Riverton r. :.. ....................................................................: ............... ......... ... Shawnee Street(Baldwin Blvd.to Lou St.) S4S Cou Club ntry CI PI.(Up River Rd to 37) m 8 7 m ( Bartlett Drive(Krejci Dr.to Saxet St) .54 Salazar St(Juarez St to Prescott St) MacArthur Street(Nimitz St.to Presa St.) i Trojan Dr.(Crosstown Expwy.to Castenon i .. . . ................... StJ Barrera Drive(Bloomington St.to Villareal .............................................................' atm Dr) i Vestal St.(Mannheim Blvd.to Gollihar Rd.) W ....................................................................: EI Monte Street(Pamona St.to Victor L Vernon Dr.(Dona Dr.N to Dona Dr.S) Ortego St) i Years 36IMP-- .................................................................... ..................................................... Harvard Street(Prescott St.to Vitemb St.) .................................................................... p Green Acre Drive(Green Tree Dc to Dead a // Infrastructure Management Plan End) Projects r ... ..................................................................... C9 Balboa St.(Pine St.to Morgan Ave.) " —Health and Safety Improvements :.. ..................................................................... Baldwin Blvd.(Port Ave.to Frontage Rd.) -------= .Parks and Trails Belton St.(Reynosa St.to Greenwood.Dr.) —Street Improvements :.. ....................... ........................................... Dixon Dr.(Petty Dr.to Ouaile Dr.) —Transit Fairview Dr.(Up.River.Rd..to.Kenwood.Dr.).. :�Utility/Infrastructure Improvements Q4 Nkstsitle Boundary Q (L@OD 4'p Corpus Christi City Lim As OM1�um **The first two years of the Infrastructure Management Plan(IMP)are considered to be complete in Data muectea November tz.zort the planning process,while the subsequent three-years are considered to be on a rolling list that is / II F " utilized for planning purposes.The IMP will be updated and presented to Council for adoption annually. Residents are encouraged to visit https://www.cctexas.com/imp for the most current list of projects. F-----f CITY OF CORPUS CHRISTI y v�.�_._!� 1 52 D E C E M B E R 1. 2 1 2 2 r -1l \\ I EXHI Nacea 0 LI C IN VES T M E N T IN I T I A TI V ES C9 C ENV ES T ME td TI A TI V Wk rt, .�-..-.-/ MID-TERM(6-10 YEARS) ' 9 � gym►-.w Add Bus Service to Salinas Park* Leopard Street N 6 S(Navigation Blvd. to SPID) yq,n CCopms Navigation Boulevard(Old Brownsville ? ©�,, -- n inti Navigation anon Boulevard(Agnes St.to eay 9 o Agnes St) 9 9 Leopard St) B Morgan Avenue(Virginia Ave.to Airport ° Rd.) „n ;.. .............................................................: Morgan Ave(Baldwin Blvd.to Virginia Ave.) Morgan Ave/Baldwin Ave.Intersection i aamcFum q, Reconstruction......................................: , Greenwood Dc Reconstruction(Port Ave.to Horne Rd.) C4, Greenwood Wastewater Treatment ` U8 .Plan Process Upgrade(DAF and Odor a i ;Control) ............................................................................ �. Greenwood Wastewater Treatment Plant Expansion ....................................... L • _: *Project Not Mapped aa 54 "CIE MICE,R 6CORP U S CHRIST I D E . 2 H 12 ?55 City of Corpus Christi iestside■ Area Development Plan BACKGROUND DOCUMENT DECEMBER 3, 2020 PLAN CC Westside AREA DEVELOPMENT PLAN TABLE IE CONT ! NT STUDY AREA BOUNDARY ...........................................................1 STUDY AREA BOUNDARY ............................................................................2 DEMOGRAPHICS...........................................................................5 DEMOGRAPHICS.............................................................................................6 ONLINE SURVEY SUMMARY....................................................................... 8 COMMUNITY OPEN HOUSE SUMMARY ...................................................10 BUSINESS ANALYST: EXECUTIVE SUMMARY........................................ 12 TRANSPORTATION..................................................................... 15 URBAN TRANSPORTATION PLAN ............................................................ 16 BIKE MOBILITY PLAN ................................................................................ 22 RTA BUS BOARDINGS ................................................................................ 24 TRAFFIC CRASH DATA............................................................................... 26 PUBLIC INPUT: TRANSPORTATION ISSUES .......................................... 28 STREET BOND PROJECTS.........................................................................30 RESIDENTIAL STREET REBUILD PROGRAM(RSRP)............................34 UTILITIES ....................................................................................37 WATER INFRASTRUCTURE........................................................................38 WASTEWATER INFRASTRUCTURE ..........................................................40 STORMWATER INFRASTRUCTURE ..........................................................42 CITY OF CORPUS CHRISTI ii DECEMBER 3 , 2020 NEIGHBORHOOD CONDITIONS ............................................... 45 COMMUNITY ASSETS .................................................................................46 AGEOF HOUSING........................................................................................48 POPULATION/MEDIAN INCOME CHANGE..............................................50 PROPERTY VALUES....................................................................................54 RESIDENTIAL AND COMMERCIAL PERMITS ......................................... 56 PLANNED PUBLIC INVESTMENTS........................................................... 58 CRIME MAP (2015-2020)...........................................................................64 PUBLIC INPUT: CRIME AND SAFETY CONCERNS ................................ 66 ENVIRONMENTAL CONDITIONS ............................................. 69 PRELIMINARY FIRM.................................................................................... 70 PUBLIC INPUT: ............................................................................................ 72 UTILITIES AND FLOODING ........................................................................ 72 LANDUSE................................................................................... 75 EXISTING LAND USE ...................................................................................76 SUBDIVISION/PLATTING ........................................................................... 78 2016 FUTURE LAND USE...........................................................................80 APPROVED ZONING CASES (2015-2020).............................................. 82 LANDFILL LOCATIONS...............................................................................86 BUSINESS ANALYST: RETAIL MARKETPLACE PROFILE ....................88 W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 iii THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI iv DECEMBER 3 , 2020 STUDY AREA BOUNDARY W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 STUDY AREA BOUNDARY STUDY AREA BOUNDARY CITY OF CORPUS CHRISTI 2 DECEMBER 3 , 2020 G`�3a3 STUDY ARE '._._ _ a : , Corpus _ •� �� �� ted, �� 1 Christi Bay j ,V y ^�y�'ygy1fiY d ' 00, Wad ANY �Syp Y zI "� F �`Y .� • .k. i •�4 W ! X A ;r "27, � :. Westside Area Development Plan 8 Boundary Westside Boundary 6 ;7 ,. F ; Corpus Christi City Limits h l'•A � Miles Source: Freese and Nichols November 2020 `_-_• -----' e n E ``ter—F- D E V E 8 \p_.F THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 4 DECEMBER 3 , 2020 DEMOGRAPHICS W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 DEMOGRAPHICS DEMOGRAPHICS POPULATION 55,664 53,985 51,802 51,280 0 0 i i 2000 2010 2019 2024* Westside • • Population Growth by Year Average Annual Growth Rate *Projected Population 2000-2019 RACEi 16.3% Some Other Race 2,7% <0,1% Two or More Pacific Islander 2.1% 7.4% 0.7% 14.2% 85+ 0 - 4 14.6% Asian 65 - 84 5 - 14 0.7% American Indian 71% 35.7 Black Median Age 0 72.9/ 34.4% o 4 White 27.1% 86.8% 55 - 64 15 - 54 Hispanic Origin of Any Race CITY OF CORPUS CHRISTI fi DECEMBER 3 , 2020 DEMOGRAPHICS HOUSING (2019Y Renter-Occupied Renter-Occupied Median Household Income PV Owner-Occupied Owner-Occupied S71 , 607 Westside Corpus Christi — — — — — — — — — — Median • Occupied Housing Units 0 EDUCATIONAL ATTAINMENT • Some College 17.4% 36.8% No High School Diploma 35.3% 10 .5% 00. High School Graduate College or Graduate Degree 'Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 7 ONLINE SURVEY SUMMARY ONLINE SUMMARY What are your top priorities regarding the quality of life in the Westside? Family-Oriented Housing Options Utilities Environmentally Friendly Parks and Recreation Opportunities and Issues i Opportunities i i Issues i � • Salinas Park Improvements � � • Crime � � • Build on Previous Improvements � � • Flooding � � • Buffering Between Industrial and � � • Poor Streets and Sidewalks � Residential � � • Abandoned Homes � • New Commercial and Entertainment • Commercial and Residential Revitalization I F C I R ' i I E C E M B E R 3 2 0 2 0 ONLINE SURVEY SUMMARY Rate Your Priorities F e (Highest Average Rating from Public Responses) Current Amenities and Services Public Services Highest Average Rating Commercial Services ftk Lowest Average Rating Ago Most Important Environmental Issue Family-Friendly Amenities Sinole F Most Needed Most Needed Housing ftk Entertainment Option Option Biggest Transportation Challenge Public Improving Existing Parks Transportation Most Needed Recreational Improvement OTO W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 9 COMMUNITY OPEN HOUSE COMMUNITY OPEN I S U M M A R Y WHAT I S T H E MOST IMPORTANT FACTOR WHEN CONSIDERING FUTURE IMPROVEMENTS? 16% Quality of Life Pon 10� Revenue Generation Other Comments Impacton " ' • More family and children entertainment Drainage Impacts • Safe walking paths or sidewalks to school • Outdoor park for physical $% Preservation of Open S••SIRNactivity • Reduce food deserts with 6% Environmental Impact farmers markets • To fix rental homes 4% Impacts on • of • Curb appeal ��� • Work development • Small businesses able to 4% • attract customers • Murals, art, sculptures, history- 4% • Infrastructure old town, Hispanic heritage, Mercado drawing tourists. CITY OF CORPUS 10 I 0 2 0 COMMUNITY OPEN HOUSE SUMMARY VISIONMY I I //Clean up the Commercial Facilities. Restore/Rebuild Older Neighborhoods Hold the owners accountable.// More Nature Parks/ // // More Housing Modern Playgrounds// Curb Appeal More Community Centers// //Business Development// MY FAVORITE PART OF THE WHAT TYPE I NEEDEDMOST? 0!2k so 4602 % iiTownhomes WHAT IS MISSING MOST IN THE WESTSIDE? 29.0% 19.4% 19.4% 9.7% 9.7% 6.5% 6.5% O More Mixed-Use Professional New Parks Shopping Restaurants Entertainment Housing Office/ and Trails Personal Choices Employment Services Opportunities W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 11 BUSINESS ANALYST : EXECUTIVE SUMMARY BUSINESS ANALYST : EXECUTIVE SUMMARY esrr Executive Westside Boundary Prepared by Esri Area: 21.26 square miles Population 2000 Population 51,802 2010 Population 51,280 2019 Population 53,985 2024 Population 55,664 2000-2010 Annual Rate -0.10% 2010-2019 Annual Rate 0.56% 2019-2024 Annual Rate 0.61% 2019 Male Population 49.0% 2019 Female Population 51.0% 2019 Median Age 35.7 In the identified area,the current year population is 53,985.In 2010,the Census count in the area was 51,280. The rate of change since 2010 was 0.56%annually.The five-year projection for the population in the area is 55,664 representing a change of 0.61%annually from 2019 to 2024.Currently,the population is 49.0%male and 51.0%female. Median Age The median age in this area is 35.7,compared to U.S.median age of 38.5. Race and Ethnicity 2019 White Alone 72.9% 2019 Black Alone 7.1% 2019 American Indian/Alaska Native Alone 0.7% 2019 Asian Alone 0.2% 2019 Pacific Islander Alone 0.0% 2019 Other Race 16.3% 2019 Two or More Races 2.7% 2019 Hispanic Origin(Any Race) 86.8% Persons of Hispanic origin represent 86.8%of the population in the identified area compared to 18.6%of the U.S.population. Persons of Hispanic Origin may be of any race.The Diversity Index,which measures the probability that two people from the same area will be from different race/ethnic groups,is 58.7 in the identified area,compared to 64.8 for the U.S.as a whole. Households 2019 Wealth Index 34 2000 Households 15,930 2010 Households 17,016 2019 Total Households 17,863 2024 Total Households 18,419 2000-2010 Annual Rate 0.66% 2010-2019 Annual Rate 0.53% 2019-2024 Annual Rate 0.61% 2019 Average Household Size 2.97 The household count in this area has changed from 17,016 in 2010 to 17,863 in the current year,a change of 0.53%annually. The five-year projection of households is 18,419,a change of 0.61%annually from the current year total. Average household size is currently 2.97, compared to 2.97 in the year 2010.The number of families in the current year is 12,765 in the specified area. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 ormore owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. February 07,2020 n2020 Fsri CITY OF CORPUS CHRISTI 12 DECEMBER 3 , 2020 BUSINESS ANALYST : EXECUTIVE SUMMARY AftAesria Executive Summary Westside Boundary Prepared by Esri Area: 21.26 square miles Mortgage Income 2019 Percent of Income for Mortgage 10.5% Median Household Income 2019 Median Household Income $33,226 2024 Median Household Income $37,225 2019-2024 Annual Rate 2.30% Average Household Income 2019 Average Household Income $43,325 2024 Average Household Income $49,285 2019-2024 Annual Rate 2.61% Per Capita Income 2019 Per Capita Income $14,490 2024 Per Capita Income $16,472 2019-2024 Annual Rate 2.60% Households by Income Current median household income is$33,226 in the area,compared to$60,548 for all U.S.households.Median household income is projected to be$37,225 in five years,compared to$69,180 for all U.S.households Current average household income is$43,325 in this area,compared to$87,398 for all U.S.households. Average household income is projected to be$49,285 in five years,compared to$99,638 for all U.S.households Current per capita income is$14,490 in the area,compared to the U.S.per capita income of$33,028. The per capita income is projected to be$16,472 in five years,compared to$36,530 for all U.S.households Housing 2019 Housing Affordability Index 194 2000 Total Housing Units 17,511 2000 Owner Occupied Housing Units 10,039 2000 Renter Occupied Housing Units 5,891 2000 Vacant Housing Units 1,581 2010 Total Housing Units 19,048 2010 Owner Occupied Housing Units 10,206 2010 Renter Occupied Housing Units 6,810 2010 Vacant Housing Units 2,032 2019 Total Housing Units 19,906 2019 Owner Occupied Housing Units 9,917 2019 Renter Occupied Housing Units 7,946 2019 Vacant Housing Units 2,043 2024 Total Housing Units 20,465 2024 Owner Occupied Housing Units 10,139 2024 Renter Occupied Housing Units 8,280 2024 Vacant Housing Units 2,046 Currently,49.8%of the 19,906 housing units in the area are owner occupied;39.9%,renter occupied;and 10.3%are vacant. Currently,in the U.S.,56.4%of the housing units in the area are owner occupied;32.4%are renter occupied;and 11.2%are vacant. In 2010,there were 19,048 housing units in the area-53.6%owner occupied,35.8%renter occupied,and 10.7%vacant. The annual rate of change in housing units since 2010 is 1.98%.Median home value in the area is$71,607,compared to a median home value of$234,154 for the U.S. In five years,median value is projected to change by 1.34%annually to$76,534. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. February 07,2020 X2020 Esri = - W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 13 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 14 DECEMBER 3 , 2020 TRANSPORTATION W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 URBAN TRANSPORTATION PLAN URBAN TRANSPORTATION PLAN --------------------------------------------------------------------------------------------------------------------------------------------------------- EXISTING PROPOSED EX PR ROADWAY CLASSIFICATIONS (MILES) (MILES) --------------------------------------------------------------------------------------------------------------------------------------------------------- Al Minor Arterial (Undivided) 20.0 : 4.1 A2 Secondary Arterial (Divided) 5.8 5.7 ............................................................................... A3 Primary Arterial (Divided) 0.8 4.5 ............................................................................... C1 Minor Collector 21.4 17.2 ............................................................................... C3 Primary Collector 0.0 1.2 ............................................................................... F1 Freeway/Expressway 16.8 0.7 ............................................................................... 000=;. Pi Parkway Collector 0.0 1.5 ................. ...... ............................................................................... RR Railroad 5.4 0.0 ......................................................... Total 70.0 34.9 .......................................................................................................................................................... EX - Existing PR - Proposed CITY DF CORPUS CHRISTI DECEMBERlfi 3 , 2 0 2 0 1-ulton o CO c ✓ Market St U R II p� �y �q S Q+ m B A T A ""._.......Na 'ga ion BI✓J ..,,..w, _, •` a P Rimer -.Rd > 0 Port Ave —2A0, CD 4e �Al ngo St t - Leopard C7 _Std to a Spur 07 p St O�. c7 Cj Lipen St Comanche �.. St a State Spur 544 AgnesiSt State Hwy 44 —,-, I 7 Corpus Q �.- a D' Christi �- �a glufyortl=St _ 8 � a C1 v•-----6 .r -. 6 Al a organ Ave 3 --•-•'6 m r �I /aW✓ne — m a 0 W m - , TU C LLG cl --Ba;e41 s-Rd�- •z'mh C U a i r O U a rte, rJ_, HOme•RdA1 0S,o � h �a 0 Blooming)In St Urban lnt.Rd p Trans ortation Plan^ WPo _, G t. ^ /iharR Road Classifications -Al -Minor Arterial Undivided �`; ♦♦ ��c� -----•Al -Proposed —A2-Secondary Arterial(Divided) �'ir; ♦� �.�� q 1♦ � •---•A2-Proposed —A3-Primary Arterial(Divided) �. .-- • A3-Proposed •., �'��� y ''�� —C1 -Minor Collector ---C1 -Proposed ---C3-Primary Collector(Proposed) s% F1 -Freeway/Expressway •SaraO o ---Fl -Proposed �a aej�a �� oaoom P1 -Parkway Collector(Proposed) RR- Railroad Qa U � Westside Boundary of Corpus Christi City Limits Miles i Source: City of Corpus Christi ��cw°oa O< Co Rd it P1 C�` O� Data collected April 6,2020 � .e. a l t , ; Q re it i �z._ ....� .�.�.+.� ..,.,.�. ,• � tti��< WEST �'ia0„E� AREA D E V E 1 0 P M E N T PIAN ia M•.`�. NESEMPER S , 2D20 swat° 17 geRa FM 43 o v M o� URBAN TRANSPORTATION PLAN ROAOWAY OESCRIPTIONS The following are descriptions for each roadway type identified on the map. For full details of each roadway type, see the Urban Transportation Plan Design Criteria Manual. C1 - Minor Residential Collector The Minor Residential Collector is the lowest order collector and provides for internal neighborhood circulation as well as property access. This type of collector should not connect parallel arterial streets but may connect with arterial streets which are perpendicular to one another. This is the most common type of Collector Street and it will circulate traffic within a neighborhood, moving it from a higher order arterial street to a local access street. This street class is not intended to be continuous for more than one mile. Off-sets, or "'T"' intersections, are appropriate for this class of street in order to prevent short cuts through neighborhoods. This street type may serve low density housing to medium density multifamily housing, elementary schools or other uses with similar traffic generating characteristics. C1 Street Section L_ W RAW J m' w'BACK ro BACK +U' y, PARKING n ^ ftRXING , 50E�4L JVL 52L.1r HMV4 n StGPE 2K MIN. 2i SIOPr L_.L11-' IWA.,A 0" LIME IRFAIED SUBGRME 6"FLEXIBLE a-SE CITY OF CORPUS CHRISTI 18 DECEMBER 3 , 2020 URBAN TRANSPORTATION PLAN C3 - Primary Collector The Primary Collector provides access to commercial developments and several neighborhoods and should intersect with two or more parallel arterial streets. The primary collector can augment the freeway or arterial system where high-density development generates significant amounts of traffic. The Primary Collector may be used to support the freeway system by paralleling the freeway and providing a relief route for traffic from high density uses next to the freeway. The Primary Collector is expected to support heavy delivery vehicle traffic and is constructed to a higher, more durable standard than the Secondary or Minor Collector Streets. Primary Collector Streets serve medium to high density housing, high schools, public facilities and business uses. C3A Street Section W WX-6 PMk ... I.. _ ]' fi' 115 II.S' II.S' 117' 6 /LLr HIM ' IS'LM.iRJRM$V37P ALS C313 Street Section W En s r lls lis L us 125 r r r=FLMimi tw¢ w. i a%x��„�- ,r p Cx W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 19 URBAN TRANSPORTATION PLAN Al - Minor Arterial Streets The Minor Arterial provides for citywide and inter neighborhood traffic mobility but functions at a lower level then the Secondary Arterial. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial. Al Street Section 15.5 64 15.5 4 Lanes with Continuous Left Turn Lane 5' 3' 13.5' 11.5' 14' 11.5' 13.5' S' 5 1' 1' 95'R.O.W A2 - Secondary Arterial Streets Secondary arterials are commonly located along neighborhood borders and collect traffic from residential areas and channel vehicles to the primary arterial system. The primary emphasis is on traffic movement rather than on land access. A2 Street Section 15 70' 15 Median 4 5' @ 13.5' r 1' 1' 100' R A.W A3 - Primary Arterial Streets A roadway that augments the freeway system and serves major through movements of traffic between important centers of activity, major traffic generators, and with a substantial portion of trips entering and leaving the area. Service to abutting land is subordinate to the function of moving through traffic. A3 Street Section 175 Median ti 14' 12• r r r 1$0'R.O.w CITY OF CORPUS CHRISTI 20 DECEMBER 3 , 2020 URBAN TRANSPORTATION PLAN F1 - Freeways / Expressways The main function of freeways and expressways is to carry traffic within the community and between major activity centers of the region. Freeways and expressways are used for longer urban trips and carry a higher proportion of the total area traffic on less mileage. Expressways and Freeways are ordinarily designed and constructed by the Texas Department of Transportation (TxDOT). The freeway and expressway system carries most of the traffic entering and leaving the urban area, as well as most of the through traffic movement bypassing the central City. Freeways are characterized by having at-grade intersections and may serve high-density residential, retail, service, and industrial uses. When these streets have grade separated interchanges, they may be identified as "expressways." F1 Street Section 36' 22 46' , _{ 46 22' 36- �... F � _ o woravn 5 13'10' 12' 14' 26'T26M10112' 25" 25' 12' 12' 12'10' 26' 14' 26' 14" 12'10' 13' 5 1' 0' 2' 4 2' 6' 9' 200' 200' 400' P1 - Parkway Collector Parkways take advantage of natural or manmade scenic views or areas. Parkways will contain hike and bike trails on the scenic side of the street. P1 Street Section IV r. u' •• -9[FW1{ �, PANIC n t' �. NSE i EK ML VL P,HW 22 YIN. _._..�11YR 220 I I V uYc rREA>m e'FLDXE er W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 BIKE MOBILITY PLAN BIKE MOBILITY PLAN ------------------------------------------------------------------------------------------------------------------------------------------------------------------ BIKE TRAIL TYPE MILES ------------------------------------------------------------------------------------------------------------------------------------------------------------------- Bike Boulevard7.2 ................................................................................................................................: ....................... Buffered Bike Lane1.1 ................................................................................................................................: ......................... 1-way Cycle Track (both sides) 14.2 ................................................................................................................................ ....................... 2-way Cycle Track (one side) 0.8 ................................................................................................................................ ....................... Multi-use Sidepath (one side) 1.0 ................................................................................................................................ ....................... Off-Road Multi-use Trail 8.6 ......... ......... ......... ... Total 32.9 : ......................................................................................................................................... BIKE FACILITY DESCRIPTIONS . Bike Boulevard metro area is at sidewalk level adjacent to or Bicycle Boulevards are typically local or in close proximity to the sidewalk. neighborhood streets that prioritize travel . 2-way Cycle Track (one side) by bicycle. Bicycle Boulevards encourage A two-way cycle track is a bikeway is similar low motor vehicle speeds, which discourages to the design of a one-way cycle track, but through traffic, and include safe crossings provides use by bicycles both in the direction at busy streets, thus providing a low stress of motor vehicle travel and contraflow from experience for cyclists. vehicular travel. Buffered Bike Lane . Multi-use Sidepath (one side) Buffered bicycle lanes designate a portion A shared-use sidepath, located on one side of a roadway for exclusive use by bicycles of the street (adjacent and parallel to a (by way of striping, signage, and pavement street), that accommodates two-way non- markings) that is separated from the motorized traffic. Shared use paths are not vehicular travel lane or from parked cars by dedicated bicycle facilities and thus also serve a striped buffer space (typically 2-5 feet in pedestrians, inline skaters, wheelchair users, width). joggers, and other non-motorized users. 1-way Cycle Track (both sides) . Off-Road Multi-use Trail A one-way cycle track is a bikeway provided A path, typically found along greenways, on both sides of the street that is physically waterways, active or abandoned railways, separated from the vehicular travel lanes and utility easements, within a right-of- that provides exclusive use by bicycles in the way that is independent and physically direction of motor vehicle travel. Separated separated from motor vehicle traffic by an bikeways may be placed at either street level, open space or barrier. Multi-use paths are not at sidewalk level, or at an intermediate level; dedicated bicycle facilities and thus also serve the preferred placement in the Corpus Christi pedestrians, inline skaters, wheelchair users, joggers, and other non-motorized users. CITY OF CORPUS CHRISTI 22 DECEMBER 3 , 2 0 2 0 1 K E i ....._ .... > �a a Corpus p �� g Christi Bay 0 0 MMDM 00 V WPMM .o .yam *a• Bike Mobility Network Recommended Network -Bike Boulevard Buffered Bike Lane 1-way Cycle Track(both sides) �2-way Cycle Track(one side) Multi-use Sidepath(one side) 88 -Off-Road Multi-use Trail Westside Boundary f Corpus Christi City Limits Miles Source: City of Corpus Christi Data collected May1,2020 WESTSIDE Q7 ,11 ki4 23 RTA BIDS BOARDINGS RTA BUS BOARDINGS CITY Df CORPUS CHRISTI 24 DECEMBER 3 , 2020 ��Joe'Fulfon Corridor � o� �m c°J Market St rf Navl anon Blvd aCP'R- Rd a ort AveLl 181 <°0 o�cW - Cid a— \ A �Oa�e o St k hhobago oOpard St State,Spm 4@, L opard St LAan Ago I . `m. ,h� ,moo �� omanche I_�,- .GX 1 O i State SP" 544 a Agnes-St hI� State Hwy 44 Z i Corpus &. ; Christi N Padre Is/ ° Q2�aP Buford St D Bay ° �� m p a W ._.._ �' ea/cY•nC�J�O a Morga Ave 33 LL W _ Bates Rd 7- U 0-4) =m° f[ _ Beal Ln -•'� St 0 O< < . �u \ J J HornelRd o°a Ur a 6 Joe M eJ oom�ng•'fo�n St ��m�Q��' %yon co 0- -To o F� n°Ra J O G , W e Point Rd we• °/iiha� mQ / O R, z a otder°wns�tteRd `x - .1 RTA Bus Boardings p hOiiyRa Total Ride b� 0-3 0 O 4-10 p sOk°iOr ® 11 -17 �a��toga O 18-33 4P O • 34 or greater v° Co Rd 26 V\/estside Boundary m Corpus Christi City Limits /v�mQa �m O��s Miles s4o°o, Source: City of Corpus Christi Data collected February 2020 Co Rd 26 Y —.- 4NESTSIDE -•R-Er , DEV ELfLPMkly � DEDEMBER 3 , 2I sarato9a 25 %a FM 43 T�•Sy o �, TRAFFIC CRASH DATA TRAFFIC CRASH DATA CRASH LEVEL DESCRIPTIONS Suspected Serious Injury Any injury, other than a fatal injury, which prevents the injured person from walking, driving or normally continuing the activities he was capable of performing before the injury occurred. Non-Incapacitating Injury Any injury, other than a fatal or an incapacitating injury, which is evident to observers at the scene of the crash in which the injury occurred. Possible Injury Any injury reported or claimed which is not a fatal, incapacitating or non-incapacitating injury. Killed (Fatality) Any injury sustained in a motor vehicle traffic crash that results in death within thirty days of the motor vehicle traffic crash. ---------------------------------------------------------------------------------------------------------------------------------------------------------- 2017 2018 2019 2020 : 99 - UNKNOWN 0 : 0 : 0 : 0 : 0 : 0 : ........................................:..................:.................:..................:..................:..................:..................: A - SUSPECTED SERIOUS 23 34 30 30 34 15 INJURY :........................................:..................:.................:..................:..................:..................:..................: : B - NON-INCAPACITATING 142 : 154 : 123 : 100 : 111 : 9 INJURY ........................................:..................:.................:..................:..................:..................:..................: C - POSSIBLE INJURY 199 : 308 : 334 : 363 : 333 : 65 ........................................:..................:.................:..................:..................:..................:..................: K - KILLED 5 : 16 : 10 : 6 : 4 : 5 ........................................:..................:.................:..................:.................. .................. ..................: N - NOT INJURED 0 0 : 0 : 0 : 0 : 0 ....... ....................... ............... ............................................. ............ Total : 369 : 512 : 497 : 499 : 482 : 94 ........................................ .........................................................:..................:...................................... *Data as of February 2020 Each dot on the map represents a crash or incident. CITY OF CORPUS CHRISTI 2G DECEMBER 3 , 2020 Joe-Fulton_�oR�dor - y or m� Market St Navigation Blvd 111111 v iUF ver'Rq � d + m 37 N Ry •� f��a�� �—�37.►,;� :eS gnto�� State Spur 4g7 Leopard St w --•` ■■AI■Antelop ti ll\ ■■■■■■■ �■■qj� FEEeipti"S.t.,1■�w�w�.�■��#fir . ■`co ma nc h e S tt tate Spur M p 541 Art Agnes St i, sy$[ w Sta a Hwy 44 r -�' ''I,,..._ {a • • t • m F . pJe to N Padre lye lit!=�� • � -pP_° Buford S v O w"IY■{L• 0e Ave . OL M li yw N aw Bates Rd -a '� z z T ON, Bear L•n �° c ;,t r � i y�^'! •C Horne Rd o � i� V � � c �e a, Joe�� IoomingtonSt �� g o� F� boffin • - w Point Rd GO//iha T�°lan O o a�a/O 9a e- c,° �a Co Rd 26 • - - - - -• - • - �, 0 y _ e 4 - o 0 Co Rd 26 i Cabaniss Field ea MM � yra a - � n I I i � arato v FM 43 Q!'M PUBLIC INPUT : TRANSPORTATION ISSUES PUBLIC INPUT : TRANSPORTATION ISSUES The map shows the location of transportation as identified by the public input received through the online survey. Each marker on the map represents the location of a good example or an issue related to transportation. For details regarding the comments related to each data point, see the Online Survey Summary (February3, 2020). CITY OF CORPUS CHRISTI 28 DECEMBER 3 , 2020 P U 0 L I C Imo. ® Corpus plCtp q Christi ® n Bay 8 8 � 00 O � @mm M5 ®� 0=0 Transportation Responses Transportation OTransportation,(Good) OTransportation,(Bad) Westside Boundary 8 Corpus Christi City Limits Miles i Source: Metroquest Data collected February 2020 EM Lk 29 STREET BONG PROJECTS STREET BOND PROJECTS CITY OF CORPUS CHRISTI 30 DECEMBER 3 , 2020 Fult'onm dor Market St Navigation t31vd �! a � i ����`�•. p�Riwera_,2l27 *��•` 35 0 QtortJA e 181 ��,��o a ZY3 mom\ m m m a d2v m p7 /roe c m p'�e ' w■ Ra e� 23 oa�eS S/ �k hhebago < o\�dgSt L 311 3`5_q Sty Sl State-S ur-407 Leopard<St 24 43 38�r� 41 25 pan Gornanche Sti j 26 State Spur 544 Agnes-St 27 State Hwy 44 N Q Corpus v 28 0 Christi s. a N Padre Is/Q o �0�\ae Buford-St (n Bay 4- W kY e/ N v o ;(D LL o = Bates Rd o 3D �9 8 yt a Bear Ln 3 ��4 6 st/o c p C18 �u 2 Horne-Rd���c3u mums V JoeMireu� Bloomington St m v� 39 y yns S 20 Vo y W-Point�Rd 44 ��' Q 2,1 Go//ihar �m 45 Ra �,�■ � 32 er` �•• �al j.'�aorA"Y Bond Projects 0tderown o/y�Ra Year `40 Bond Year 2000 48 Bond Year 2004 46, k Bond Year 2008 saaf�l� Bond Year 2012 a �o9a%�a Bond Year 2014 o Bond Year 2018 Co Rd 26 v Westside Boundary Corpus Christi City Limits �y 1 Miles uucw000 Source: City of Corpus Christi Co Rd 26 Data collected April 6,2020 � ' '-'7 0 � a t r ----------- L.-sp ------ s y WE TSID � ni, � k ,E10P ENT LA a�a/.sa= FM 43 0 ��� STREET 6 0 N 0 PROJECTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- YR STREET FROM TO FT WORKTYPE STATUS -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1 : 2000 : UP RIVER RD ST SPUR 407 IH 37 3,401 OVERLAY COMPLETE ........... OLD 2 : 2000 CLIFF MAUS DR : BROWNSVILLE : ROCKFORD 1,152 : RECONSTRUCTION COMPLETE ........... ..... .............................. ............ .................................... .............................. : 3 : 2004 BUDDY BUFFALO ST : PALM 1,577 : RECONSTRUCTION COMPLETE : LAWRENCE ........... .............................. ............ .................................... .............................. : 4 : 2004 PALM DR : ANTELOPE : EXPRESSWAY 367 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : 5 : 2004 ANTELOPE ST NUECES BAY STILLMAN 2,219 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : : 6 : 2004 : BUDDY : ANTELOPE LEOPARD ST 768 : RECONSTRUCTION COMPLETE LAWRENCE DR : ........... .............................. ............ .................................... .............................. :7 : 2004 NIMITZ ST EISENHOWER MAC ARTHUR 956 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : 8 : 2004 HALSEY ST MAC ARTHUR EISENHOWER 950 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : ONTGOMERY 9 : 2004 : MMAC ARTHUR EISENHOWER 952 : RECONSTRUCTION COMPLETE ST ........... .............................. ............ .................................... .............................. 10 : 2004 GUADALUPE ST EISENHOWER MAC ARTHUR 949 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :11 : 2004 NOGALES ST EISENHOWER MAC ARTHUR 950 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :12 : 2004 PRESA ST MAC ARTHUR EISENHOWER 950 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. STENHOWER:13 : 2004 : BOLIVAR NIMITZ 2,365 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. MAC ARTHUR :14 : 2004 : BELTON NIMITZ 2,680 : RECONSTRUCTION COMPLETE :: ST ........... .............................. ............ .................................... .............................. :15 : 2004 GUADALUPE ST SARITA NIAGARA ST 639 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :16 : 2004 : NOGALES ST SARITA NIAGARA 655 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :17 : 2004 PRESA ST SARITA S PORT A 852 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :18 : 2004 NIAGARA ST BOLIVAR : GUADALUPE 965 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :: OLD :19 : 2004 CLIFF MAUS DR BEAR LANEBROWNSVILLE : 1,683 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. 20 : 2004 CLIFF MAUS DR SH 358 : ROCKFORD 2,060 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. GREENWOOD :: PADRE ISLAND 21 : 2004 : GOLLIHAR 3,845 : RECONSTRUCTION COMPLETE DR : DR ........... .............................. ....... .................................... .............................. 22 : 2008 UP RIVER RD IH 37 DUNN-MEANY : 10,626 : RECONSTRUCTION COMPLETE ........... .............................. ....... .................................... .............................. : 23 : 2008 : BUDDY : ANTELOPE IH 37 2,590 : RECONSTRUCTION COMPLETE LAWRENCE DR .......................................... ............................... ........................................... .................................... .............................. CITY OF CORPUS CHRISTI 32 DECEMBER 3 , 2 0 2 0 STREET BOND PROJECTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- # YR STREET FROM TO FT WORKTYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- : 24 : 2008 : NUECES BAY : ST SPUR 407 LIPAN 687 : OVERLAY COMPLETE BLVD ............... ............ .................................... .............................. : 25 : 2008 UP RIVER RD FAIRVIEW : PALM 2,748 : OVERLAY COMPLETE : 26 : 2008 LAREDO ST SPUR 544 SIXTEENTH 2,392 : OVERLAY COMPLETE : 27 : 2008 AGNES ST N PORT SIXTEENTH 3,333 : OVERLAY COMPLETE : 28 : 2008 BALDWIN BLVD AGNES ST AIRPORT RD. 1,510 : OVERLAY COMPLETE : 29 : 2008 MORGAN AVE BALDWIN DAVID 5,452 : OVERLAY COMPLETE : 30 : 2008 : TARLTON ST GREENWOOD WASHINGTON 1,270 : OVERLAY COMPLETE : 31 : 2008 HORNE RD DAVID GREENWOOD 3,579 : OVERLAY COMPLETE : 32 : 2008 : TROJAN DR SH 286 GREENWOOD 3,927 : OVERLAY COMPLETE N PANDE ADR : OLD : 33 : 2008 BEAR LN 6,230 : RECONSTRUCTION COMPLETE ISLBROWNSVILLE : 34 : 2008 FLATO RD BATES RD. BEAR LANE 2,603 : OVERLAY COMPLETE NAVIGATION 35 2012 UP RIVER IH 37 1,903 : COMPLETE BLVD NAVIGATION : LEOPARD (HWY 37 2012 IH 37 2,239 COMPLETE BLVD : 9) : 38 : 2012 LEOPARD ST : CULBERSON PALM DR. 3,406 : DESIGN : 39 : 2012 DREENWOOD : HORNE GOLLIHAR 2,641 : COMPLETE 40 : 2012 HOLLY RD SH 286 W. GREENWOOD 3,946 : DESIGN : OLD CONSTRUCTION : 41 : 2014 : LEOPARD ST : AGNES 4,804 : RECONSTRUCTION ROBSTOWN RD :: - DELAY 42 : 2014 FLATO RD HWY.44 BATES RD. 5,201 RECONSTRUCTION CONSTRUCTION 43 : 2018 LEOPARD ST NUECES BAY : PALM 2,122 : RECONSTRUCTION DESIGN : 44 : 2018 GOLLIHAR RD SH 286 GREENWOOD 3,994 : RECONSTRUCTION DESIGN : 45 :2018 CASTENON ST DELGADO : TROJAN 1,747 : RECONSTRUCTION DESIGN : 46 :2018 : DORADO ST : HACALA MARTIN 673 : RECONSTRUCTION DESIGN : 47 :2018 HACALA ST : DORADO FRIO 315 : RECONSTRUCTION DESIGN : 48 :2018 : FRIO ST : HACALA GREENWOOD 2,048 : RECONSTRUCTION IN PROGRESS .................................................................................................................................................................................................. WESTSIDE AREA DEVELOPMENT PLAN DECEMBER 3 , 2 0 2 0 33 R� � � | � � � T | 8 | � T � � � T � � � N | | � � � � � � 8K8 � � � � � � � � ' = � '" ' ' " � � ' '^ � � ' '^ � � � ' � = ' '^ � � '^ " " v '^ � '^ ' ^ RESIDENTIAL STREET REBUILD PRO GRAM ( RS RP ) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ LENGTH WIDTH STREET FROM TO NOTES � 1 SAN � C{)NCHO � C{)K4AL 662 � �4 �� PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� : � � SC{)UNTRYCLUBPL UP INTERSTATE � 20 : PLANNED 64� �0PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� : 3 � BARTLETTDR : SAXET : KREJC| LN � 229 : �4 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � 4 SEVENTEENTH SH MARGUERITE � 18 : PLANNED 30� 18PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � : 5 SHAVVNEEST � BALDVV|NST LOU� T � 24 : PLANNED 46� �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � 6 MAC � N|K4|TZ : PRESA � �38 : �4 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� :7 GREEN GREEN DEAD � 24 : PLANNED �00 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � 9 GREEN GREEN DEAD � 24 : PLANNED �90 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :10 �REENLANEDR GREEN DEAD � 24 : PLANNED �00 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� �11 GOLDEN OLD DEAD � 24 : PLANNED 40624PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :1� R|VERT�NDR DRYER : ARCHDALE � Z75 : 24 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� : DRYER DRYERC|R � R|VERT�N � LAN�T�NAVE � 24 : PLANNED 331 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :14 LAN�T�NAVE � DARCEYDR DRYER � 24 : PLANNED 259 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� :15 BARRERADR BLOOMINGTON V|LLAREAL 1.358 : 24 : PLANNED � �--�------------'�------------�-------------'�----'�----'�-------� : HARVARD HARVARDST : PRESC�TT � V|TEK4B � 24 : PLANNED 6J9 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :17 DEU�AD{) ST : CASTEN{)N : SALAZAR � �58 : �4 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� �18 EL � PAK4{)NA VICTOR �83 � �4 � PLANNED � � � � � � � 24 : PLANNED ..................................................................................................................................................................................._ CITY OF CORPUS CHRISTI 34 OECEM8ER 3 . 2O2O Nueces Bay �►--• ♦ e> J •�. ��� i 8 ��� 181 1 QMM2vQ3 Corpus q - g Christi Bay e e OF 8 , OOGO Residential Street Rebuild Program (RSRP) Streets for Rebuild 8 Westside Boundary Corpus Christi City Limits Miles Source: City of Corpus Christi Data collected Sept.3,2020 3�Gi�33 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 3G DECEMBER 3 , 2020 UTILITIES W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 UU � T � � | � � � � � T � N � TN � � .. " . � .. . .. . ° " " . ° � � . � ° � W A T E R I N F R A S T R U C T U R E DECADE MILES OF LINE : 1930's 0.24 : �------------' ------------'� : 1940's 1.06 : �------------' ------------'� : 1950's 39.07 : �------------' ------------'� : 1960's 19.92 � �------------' ------------'� : 1970's 9756 : �------------' ------------'� : 1980's 32]1 : �------------' ------------'� : 1990's 42.69 : �------------' ------------'� � 2000's 27f�2 � �------------' ------------'� � 2010'S 8]7 � �------------' ------------'� � n0data � 8l[} � � Tm0aU276.77 � .....................................' ....................................'� CITY OF CORPUS CHRISTI �� O E C E N 8 E R 3 . 2O 2O Joe Fulton Corridor y c 37 0 y Market S 1' i ti / � Up River.R o ' '' d� ■ �`°' oR Ave /VIA `� NOd e SSf aarba90 d���� n P eOpardS�� �_� �y`� talo a 37 State`Spur 407 Leopard,StPE St '� Stat'e�Sp'ur esJSt State 44 ' �111 r rt�� I 1 I -•����r• r m _ N N Padre is/ °:;� III`I IIA Only Fg, Buford I r MoYgan--X J r, �� 1I�1�♦ N ve C17Cl6tl = gates+Rd o `/ �i 4 07 r Bear Ln `� u Hord e.Rd V JoeM�e Bloomin`I1;o11onSt— oint � y W PRd�„�� Y Q- otdBtoWn��\e a ` SOkoi�i • •. . Sad`tO9 Q- Co Rd zs �a a d aD' Greery3 _ _ Co Rd 26 �- - • • � � Cabaniss Field � MM ,•L a � ee Rd Sa�atp FM 43 d a °y o a i �Qy UU � � T � UU � T � � | � � � � � T � N � TN � � .. " � . � .. " . � .. . .. . ° " " . ° � � . � ° � WASTEWATER INFRASTRUCTURE DECADE MILES OF LINE : 1890's 0.31 : �------------' ------------'� : 1900's 0.98 : �------------' ------------'� : 1910's 0.94 : �------------' ------------'� : 1920's 7.39 � �------------' ------------'� : 1930's 2.83 : �------------' ------------'� : 1940's 52.02 : �------------' ------------'� : 1950's 30]1 : �------------' ------------'� : 1960'3 40.55 : �------------' ------------'� : 1970'3 13fI3 � �------------' ------------'� : 1980'5 17.54 : �------------' ------------'� : 1990'3 9/40 : �------------' ------------'� : 2000's 15.28 : �------------' ------------'� � 2010'S 14.08 : �------------' ------------'� no data 1.04 : ------------------------------------------------ � Total 206.41 � �....................................' ....................................'� CITY OF CORPUS CHRISTI 40 OECEN8ER 3 . 2O2O F t=om P q � tb Mvb a Corpus p 8 Christi Bay 8 � a 0 0 � •r "s Wastewater Infrastructure Age of Line no data —Before 1950 —1950- 1979 —1980- 1999 —2000 or later Westside Boundary f Corpus Christi City Limits rap Miles Source:City of Corpus Christi Data collected May28,2020 i W E S T S I D E A E\ S_EVEL0PMENT P „ "r5 E E E M F P 7 41 Gma S T 0 R M W A T E R INFRASTRLICTURE STO RMWATER INFRASTRUCTURE PIPE SIZE PIPE SIZE MILES OF LINE MILES OF LINE (INCHES) (INCHES) 0 0.76 : 39 0.20 :: ............................ ......................... 6 0.11 : 42 8.42 : ............................ ............................ 8 0.15 : 45 0.19 : ............................ ............................ : 10 0.10 : 48 6.88 : ............................ ............................ : 11 0.01 : : 50 0.03 : ............................ ............................ : 12 1.23 : : 54 4.93 : ............................ ............................ : 15 0.01 : 57 0.04 : ............................ ............................ : 15 25.93 : 60 6.13 : ............................ ............................ : 16 0.03 : 66 1.71 : ............................ ............................ 18 29.27 : 72 2.78 : ............................ ............................ : 20 0.18 : 75 0.09 : ............................ ............................ : 21 5.76 : : 78 0.65 : ............................ ............................ : 24 15.48 : 84 1.35 : ............................ ............................ : 26 0.17 : 87 0.05 : ............................ ............................ 27 4.11 : 90 0.12 : ............................ ............................ : 28 0.09 : 92 0.07 : ............................ ............................ : 30 10.24 : 96 2.49 : ............................ ............................ : 31 0.05 : 99 0.12 : ............................ ............................ 32 0.02 : : 108 0.95 : ............................ ............................ 33 1.84 : : 111 0.10 : ............................ ............................ : 36 10.57 : : 120 0.45 : ............................ ............................ : 132 0.21 : ............ Total : 144.06 : .......................................................... CITY DF CORPUS CHRISTI 42 DECEMBER 3 , 2 0 2 0 t' ��3Gs� 181 I �=1 �b t Corpus -'- Christi Bay 0 Ir c Stormwater Infrastructure PIPE , 0D-- 115 —16- 18 —19-36 37- 132 Westside Boundary f Corpus Christi City Limits Miles Source: City of Corpus Christi Data collected April 6,2020 43 � 8 8e �a THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 44 DECEMBER 3 , 2020 NEIGHBORHOOD CONDITIONS W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 COMMUNITY ASSETS COMMUNITY ASSETS CITY OF CORPUS CHRISTI 4G DECEMBER 3 , 2020 .... , .? �' ✓ GC3 G�Of Corpus fdbQ�3J, kG-.(�M Christi 8 C� aY f - ?� w �Y.L29 MAD la Mau .c i r0 C i w , Community Assets Facility Type Community Asset Schools Parks (9 Westside Boundary Corpus Christi City Limits tl Source:City of Corpus Christi Data collected May 2020 ;}` 47 AGE OF HOUSING AGE OF HOUSING I YEAR STRUCTURE NUMBER OF UNITS BUILT : 1980 or before 18,403 : ...................................... : 1981 to 2000 2,748 : ...................................... 2000 or later 0 ...................................... No Data 0 Total 21.151 ............................................................................. CITY OF CORPUS CHRISTI 48 DECEMBER 3 , 2 0 2 0 ,.Joe Fulto Corridor„' c yo 0 me Market St e . "`"""--"""Navigation Blvd `^•� a Up=Ri�� ti c 1 Rd o �e o Ave 181 3 V J -p c rc+ 4 m �o r _ r v a m U� N°oe6�e c° �h /p, ;¢°. ale St } hebago St -- State Spur 40x7 L•eo•��;St - � Q 10Q Lipan St o� G Comanche St o I 5 ° o��i O 544 — V'� r -• State SPO' I —. Agnes-S t S _ _, z Corpus tate Hwy 44 a P,e ... Christi N Padre Is/. o. ¢ r\aca Buford St D Bay e(D/rywn�/ aMorgan Ave N CL L ° _ o j my U) `m NP_ = Ba es Rd — U Q mem —Bear Ln ` Tar/t°n St °oma < t a rm c� Qa ---J Horne Rd Joe Mrteo Bloomington St N S o y W Point Rd r 1 -1 lip Tro / �r 6rawa°rA a O\d Age of Housing a Year Built No Data carat ��y 1980 or before My o9aejpa 1981 to 2000 4a 2000 or after U° —Co Rd 26 Westside Boundary m� iiii Corpus Christi City Limits Or�s r Miles ocwo°d Source ACS US Census f O� Or Data collected April 2020 Co Rd 26 � WESTSQDE . �R- D E V E na9eRa \DECEMBER S , 2021.1sarato9a 49 FM 43 -0 ___. POPULATION / MEDIAN INCOME CHANGE POPULATION / MEDIAN INCOME CHANGE CITY DF CORPUS CHRISTI 50 DECEMBER 3 , 2020 Joe Fulton Corridor c yo 0 me Market St Navigation Blvd a w A Rite,.: o 100It Ave 181 >> 0 ..��neba90 St � . State Spur 40x7 Leopard Lipan St Comanche S t o oma State Spur 544 a Agnes St State Hwy 44 Corpus ° Christi a P,e N Padre Is/ ¢ \aca Buford St (n Bay a O saidMor•an Ave... 3 = Ba es Rd z N Q a Horne Rd 300 °mom U Joe Mtge BIE) rningW �o oy W Point R• Go mQ a 4 Population/Income Change otdBrOwnS�tteRd Population & H H Income IncreasinyRa Population Increasing &HH Income Decreasing (2) Population Decreasing &HH Saar Income Increasing (3) a -Population& HH Income 4 Decreasing (4) v° Co Rd 26 Westside Boundary m Corpus Christi City Limits �� a r O��s Miles Source ACS US Census i Data collected April 2020 Co Rd 26 . nage _._ W4 E S T S I D E -�-� DEVELUPMty , Rd QECEMBER 3 , 3 ! para/o9a 5� %a FM 43 *T�•Sy � � � N | � T | � � / K8 � � | 8 � | � � � K� � � A � � � � ' � ' � � " ' ' � '" ^ " � = ' " '" ' '" � � "' � � '' " '" � � POPULATION CHANGE PERCENT CENSUS TRACT 2010 2017 CHANGE CHANGE � Census Tract 63 2,756 : 2.473 : -2831}0 : -1196 � �------------�----------�----------�----------�.............................. � � Census Tract 64 2.276 : 2/915 : 639.00 : Z296 � �------------�----------�----------�----------�.............................. � � Census Tract 1T[U 6.246 : 6.449 : 203.00 : 396 � �------------�----------�----------�----------�.............................. � � Census Tract 8 4/956 : 3.804 : -1152.00 -3096 � �------------�----------�----------�..............................�.............................. � � Census Tract 6 7,336 : 6/993 : -3431}O : '596 : �------------�----------�----------�----------�.............................. � � Census Tract 7 4]85 : 5.391 : 1206.00 : Z296 � �------------�----------�----------�----------�.............................. � � Census Tract 35 2.276 : 2.220 '56.00 : -396 � �....................................�..................... ---�..............................�..............................�.............................. � � Census Tract 1T02 2]12 : 1.699 � 'zA3�00 : ��Pf6 � �------------�----------:----------�----------:----------� : Census Tract 54l)6 2.633 3/436 : 803.00 : 2396 � �....................................�.............................. :..............................�..............................�.............................. � � Census Tract 5 1.074 : 2.033 : 959.00 : 4796 � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 9 3,772 4/489 : 777.00 : 1696 � �....................................�.............................. :..............................�..............................�.............................. � � Census Tract 10 3.097 : 4]49 : 1052.00 : 2596 � �------------�----------�----------�..............................:.............................. � � Census Tract 11 1/929 1.875 '54.00 : -396 � �....................................�..............................�..............................�..............................:.............................. � � Census Tract 15 4[229 : 4[288 : 59.00 : 196 � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 13 3.849 : 4[323 : 474.00 : 1196 : �....................................�----------�----------�----------�----------� � Census Tract 16.[U � 4,760 : 4[646 : -114i00 : -296 : �....................................�..............................:..............................:..............................:.............................. � � Census Tract 16.0Z 4[097 : 3,795 : -302.00 : '8% � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 18.[U 5.516 : 6.348 : 832.00 : 1396 � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 18.0Z 2.306 : 2,477 : 171.00 796 � ������������� .............................. CITY OF CORPUS CHRISTI 52 OECEN8ER 3 . 2O2O � � � N | � T | � � / K� � O | � � | � � � &� � � � 8 � � � ' � ' � � " ' ' � '" ' "' � ° ' " '" ' '" � � " � � "' " '" � � MEDIAN HOUSEHOLD INCOME CHANGE PERCENT CENSUS TRACT 2010 2017 CHANGE CHANGE �....................................�..............................�..............................�..............................�.............................. � � Census Tract 64 $13.532 $25.516 :: $11/984 : 4796 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract lT.}1 $34`821 : $35,785 : $964 : 396 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 8 $25,754 : $42.054 : $16.300 : 3996 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 6 $22.219 : $47/440 : $24.621 : 5296 : �------------�----------�----------�----------�.............................. � � Census Tract T $30.213 : $31.530 : $1.317 4% : �------------�----------�..............................�..............................�.............................. � � Census Tract 35 $37.333 $56.369 : $19,O36 : 34% : �------------�----------�----------�----------�.............................. � � Census Tract lT.}2 $/1/442 : $34`250 : '$7192 : -2196 : �....................................�..............................�..............................�..............................�.............................. � : Census Tract 54{}6 $61,761 : : $38]85 : 3896 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 5 $22.647 : $31.667 : $9.020 : 2B96 : �------------�----------�..............................�..............................�.............................. � � Census Tract 9 � $28,076 :: $319 : 196 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract l0 $21,783 $25.389 : $3.606 :: 14% : �....................................�..............................�..............................�..............................�.............................. � � Census Tract ll $13.542 :: $19,886 :: $6.344 : 3296 : �------------�----------�----------�..............................�.............................. � � Census Tract l5 $15.530 : $21.552 $6.022 : 2B96 : �------------�----------�----------�----------�.............................. � � Census Tract l3 $29,321 :: $26.680 : -$2,641 : -1096 : �------------�----------�----------�..............................�.............................. � � Census Tract l6lD $26.389 : $31/938 $5.549 : lT96 : �------------�----------�----------�----------�.............................. � � Census Tract l6.}2 $33.061 :: $33.219 : $158096 � �....................................�..............................�..............................�..............................�.............................. � � Census Tract l8lD $22,753 : $38.878 : $16]25 4196 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 18.02 $39,611 :: $51,218 :: $11.607 23% :: ����������������������� ..............................:.............................. ............................... WE3T3 | OE AREA OEYELOPNENT PLAN OECEN8ER 3 . 2O2O �� PROPERTY VALUES PROPERTY VALUES DEFINITIONS DF VALUES Appraised Value - The appraised value is generally the market value of a property with certain exceptions based on generally excepted appraisal methods. Market Value - The price at which a property would transfer for cash or its equivalent under prevailing market conditions if exposed for sale in the open market with a reasonable time, both parties know of all possible uses and defects with the property and neither party is in a position to take advantage of the exigencies of the other. Assessed Value - The amount determined by multiplying the appraised value by the applicable assessment ratio. Taxable Value - The amount determined by deducting from assessed value the amount of any applicable partial exemption. --------------------------------------------------------------------------------------------------------------------------------------------------------------------- P 1 VALUE l iL UNITS MARKET VALUE* ASSESSED i TAXABLE VALUE* ---------------------------------------------------------------------------------------------------------------------------------------------------- $10 or Less 3,782: $573,201,790 : $563,423,755 : $573,201,790 : :..............................:...............................:.................................:.................................:.................................: $10 - $25 14,744: $1,740,881,122 : $1,662,529,914 $1,677,502,812 ..............................:.......................... .....:.................................:.................................:.................................: $25 - $50 57: $218,068,143 : $218,025,081 : $218,068,143 :: :..............................:...............................:.................................:.................................:.................................: : $50 - $100 305: $213,573,384 : $212,121,912 : $213,573,384 ..............................:.......................... .....:.................................:.................................:.................................: :: $100 - $500 73: $72,246,798 : $72,184,694 : $72,246,798 :: :..............................:...............................:.................................:.................................:.................................: $500 or Greater 5 $3,833,093 : $3,833,093 : $3,833,093 ....................................................................................................................................................................: Total : 18,966: $2,821,804,330 : $2,732,118,449 : $2,758,426,020 : ...............................:.................................................................:.................................:.................................. *2019 property values CITY OF CORPUS CHRISTI 54 DECEMBER 3 , 2020 w� •q �a�pv477 1�} � o a a Corpus qChristi � Bay mapoaxa 0 0 t 0 � 8 �m w, a, w" Property Values Value per Sq Ft $10 sf or less Q $10-$25 sf $25-$50 sf $50-$100 sf 8 $100-$500 sf c $500 sf or greater Westside Boundary Corpus Christi City Limits N —. Miles Source:City of Corpus Christi Data collected May 2020 J LL. AULk @�55 8e � ti � � � | O � � T | � | � � O � � K� K� � � � | � | � � � K� | T � RESI ° � '" ' ' " � AND° � � "' "' � '` � ' " � ' � '` "' ' ' " RES 10 ENTIAL AN 0 C 0 M ME RC 1AL P E R M I T S ----------------------------------------------------------------------------------------------------------------------------------------------------------------- PERMIT TYPE 2015 2016 2017 2018 2019 � Residential Permits � 49 � �H � 11� � 88 � 131 � � � � � � � � ----------------------------------------------------' New � 37 � 18 � 53 � 18 � 77 �� � � � � � � ----------------------------------------------------' � R�nl0d�| � 0 � 73 � 63 � 7O � 54 � � � � � � � � ----------------------------------------------------' � � � � � � � ----------------------------------------------------' � C0[�[��r[i8| P�[[0it5 � � � 56 � ED � �5 � 1OZ � � � � � � � � ----------------------------------------------------' New � � � 22 � �7 � 18 � 39 �� � � � � � � ----------------------------------------------------' � Remodel0 � � � � � ----------------------------------------------------' � Addition � 10 � � � � ----- -----------------------------------------' � � � � �----'�N�N�N�N�N��-----------------------------------------� � �Tmt�| � �� � 14� � 1�� � 1�� � 2�� � � � � � � � ----------------------------------------------------' *The report includes permits with estimated construction value 0f $3.5000[ greater. C | TY OF CORPUS CHR | 3T | �� O E C E M 8 E R 3 . 2 0 2 0 Joe Fultoncorridor o it Market St Q,J L H i i A L A N D I�tl u�a G,� a --� '—'-~-- -Navigation Blvd Zg Qort A e 181 N 501 � UoF WIN A, /V _4_0 c° �ih m QU° ale St k hebago 1i� r f 1 e S Stv S/ CeO'0ardoSt ' ■ L I �'Qa State-SpuA Leopard St 'Ligan St C-ornanc�he Oma , State Sp4 ' Agnes-St a State Hwy 44 z _ Corpus Christi N Padre Is/ Q dP � Buford-St 88y a W /�ywn .a Morgan Ave m— a 4M ejkr N v �. 0 0 � L` = o Bates-Rd �o t r-_nO� u Horne-Rd}� a _ LJAoe m � � o Joe Mireu� Bloomington St O� 0 o y W-Polnt,Rd GO//ihar �Q �•`"► . r raw �`• Residential and Od wo5titteRa Commercial gro • ti°iyR ,1 Permits a j 2015-2019 Residential(New) 2015-2019 Residential(Remodel) 2015-2019 Residential(Add) saga / 2015-2019 Commercial(New) a °9aeia 2015-2019 Commercial(Remodel) 4 2015-2019 Commercial(Add) 0 Co Rd 26 Westside Boundary •. ' (.�r' Corpus Christi City Limits <y 1 Miles `,cw°Odor Source: City of Corpus Christi Co Rd 26 Data collected June 2020 iji vV E `•—.�.w.r,� Sara/O D E sa � FM 43 -o •�� PLANNED PINVESTMENTS CITY OF CORPUS CHRISTI DECEMBER58 3 , 2 0 2 0 _ Bay r" mrE-3 n q aG4W& M1 tq a 8 Corpus qty anw@l a Christi Bay S Gkmw 011 111040 - � � c CIP Projects Project Type Health and Safety Improvements Parks and Trails Street Improvements ....,o Utility/Infrastructure Improvements Westside Boundary Corpus Christi City Limits Miles i Source: City of Corpus Christi f Data collected May 26,2020 1 ► j a ! ._. r:_......., Tr ' .,, ,... FVE10PMENT PLAN EMBER 3 , 2020 59 PLANNED PUBLIC INVESTMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- LENGTH OF ESTIMATED # DESCRIPTION PROJECT FUNDING SOURCE YEAR START (FEET) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P1 Greenwood Senior Center G.O. Bond 2018 202012020 P2 Joe Garza Recreation Center G.O. Bond 2018 202012020 ........................................................................ ................ P3 Oak Park Recreation Center G.O. Bond 2018 202012020 ........................................................................ ................ P4 Greenwood Sports Center G.O. Bond 2018 202012021 ........................................................................ ................ P5 Greenwood Senior Center PH 2 Future Bond Election 202112021 ........................................................................ ................ P6 Zavala Senior Center Future Bond Election 202112021 ........................................................................ ................ P7 J.Garza Recreation Ctr PH 2 Future Bond Election 202112021 ........................................................................ ................ P8 Greenwood Sports Complex PH 2 Future Bond Election 202112021 ........................................................................ ................ P9 Golf Courses Improvements ---- : None 2024/2029 ........................................................................ ................ H1 Public Health Building Improvements G.O. Bond 2018 202012021 ........................................................................ ................ H2 Fire HQ- Frost Bank bldg -Elevator Rehab G.O. Bond 2018 2019/2020 ........................................................................ ................ H3 Fire Headquarters &EOC G.O. Bond 2018 2019/2021 ........................................................................ H4 Fire St.1 Roof Replacement G.O. Bond 2018 2019/2020 ........................................................................ ................ H5 Fire St.1 Improvements & upgrades G.O. Bond 2018 2020 ........................................................................ ................ H6 Fire St.1 Emergency Generator G.O. Bond 2018 2019/2020 ........................................................................ Fire St.9 Emergency Generator /HVAC H7 G.O. Bond 2018 2019/2020 upgrades H8 Driveway and Apparatus Bay 8,9,10,12 G.O. Bond 2018 2019/2020 H9 Fire St.10 Roof Rehab & Engine Bay G.O. Bond 2018 2019/2020 ........................................................................ ................ H10 Driveway and Apparatus Bay 8,9,10,12 G.O. Bond 2018 2019/2020 ........................................................................ ................ H11 Fire Station #10 Demo and Replacement ---- : None 2022/2023 ........................................................................:********************:****************************************:************************: : H12 Fire Department Warehouse G.O. Bond Prior and 2019/2020 G.O. Bond 2018 ........................................................................ Fire Dpt Warehouse ADA Bathroom H13 ---- : None 2022/2023 Improvements 443 :3 S1 , Leopard St (Crosstown Expressway to G.O. Bond 2012 and 2018/2019 Palm DO Revenue Bonds Bond 2014 andS2 Flato Road (Agnes St to Bates Rd) 5,175 G.O. 2018/2019 Revenue Bonds ........................................................................:********************:****************************************:************************: G.O. Bond 2012, 2014 S3 Holly Road (Ctwn Freeway to Greenwood) 4,063 and prior, Revenue 2018/2020 Bonds, and TxDOT .......................................................................................................................................................................... CITY DF CORPUS CHRISTI 00 DECEMBER 3 , 2 0 2 0 PLANNED PUBLIC INVESTMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------OF ESTIMATED DESCRIPTION iJECT FUNDING SOURCE YEAR START S4 Frio St /Hacala St/ Dorado St Corridor 3,000 G.O. Bond 2018 and 2019/2020 prior, Revenue Bonds :........:........................................................................:.............................................................:........................: S5 Leopard St (Palm Dr to Nueces Bay Blvd) 2,132 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S6 Gollihar Rd (Crosstown Expwy to 4,068 : G.O. Bond 2018 and 2019/2020 Greenwood) : prior, Revenue Bonds :........:........................................................................:.............................................................:........................: S7 Castenon St (Trojan Dr to Delgado St) 1,731 G.O. Bond 2018 & Prior, 2019/2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S8 Junior Beck Dr (Bear Ln to Dead End) 3,332 G.O. Bond 2018 & Prior, 2019/2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S9 Delgado St (Castenon to Salazar) 957 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S10 Dryer Circle (Riverton to Langton Ave) 351 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S11 Golden Gate Circle (Old Brownsville to 904 : G.O. Bond 2018, 2020 Dead End) : Revenue Bonds :........:........................................................................:....................:........................................:........................: S12 Green Lane Dr (Green Tree to Dead End) 213 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S13 Geen Leaf Dr (Green Tree to Dead End) 303 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S14 Green Park Dr (Green Point to Green 889 : G.O. Bond 2018, 2020 Gate) : Revenue Bonds :........:........................................................................:....................:........................................:........................: 17th St (Crosstown Expressway to : Residential Street S15 : 565 : (Property Tax), Revenue : 2020 Marguerite) : Bonds :........:........................................................................:....................:........................................:........................: Residential Street S16 San Saba Dr (Concho to Comal) 654 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S17 Shawnee St (Chippewa St to Lou St) 1324 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S18 Bartlett Dr (Wilson to Saxet S) 1286 : (Property Tax), Revenue : 2020 Bonds :........:................................................................................................................................................................ W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 61 PLANNED PUBLIC INVESTMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------OF ESTIMATED DESCRIPTION iJECT FUNDING SOURCE YEAR START Residential Street S19 MacArthur St (Nimitz to Presa) 2157 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S20 Barrera Dr (Bloomington to Villareal ) 2742 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S21 EI Monte St (Pamona to Victor L Ortego) 1119 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S22 : Harvard St (Prescott to Vitemb) 620 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S23 Green Acre Dr (Green Tree to Dead End) 195 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: S24 Poth Lane Sidewalk Improvements Phase 1434 : Grant - Other, Storm 2019 :1 : Water - Streets :........:........................................................................:....................:........................................:........................: S25 Zoth Lane Sidewalk Improvements Phase 1084 : Bonds Other, Revenue 2019 :........:........................................................................:....................:........................................:........................: S26 Laredo St 2472 : None 2022/2023 :.................................................................................:....................:........................................:........................: S27 : Agnes Street (19th-McBride) 15,922 : None 2022/2023 :........:........................................................................:....................:........................................:........................: S28 : Leopard Street (McBride) 1,6931 : None 2022/2023 :........:........................................................................:....................:........................................:........................: S29 Port Avenue (Ruth- Leopard St) 5,427 : None 2022/2023 :........:........................................................................:....................:........................................:........................: S30 Old Brownsville Road (Saratoga Blvd) 21,410 : None 2022/2023 :........:........................................................................:....................:........................................:........................: U1 Certification of Solid Waste Technical Support 2018/2021 : Obligation :........:........................................................................:....................:........................................:........................: U2 Cefe' Valenzuela Landfill Liquids Mgmt Certification of 2018/2020 System : Obligation :.................................................................................:....................:........................................:........................: U3 Cefe' Valenzuela Landfill Disposal Cells Certification of 2018/2020 Cover : Obligation :........:........................................................................:....................:........................................:........................: U4 Cefe Valenzuela Gas Collection & Control Certification of 2018/2021 System : Obligation :.................................................................................:....................:........................................:........................: U5 Valenzuela Landfill 3C Disposal Cell Certification of 2018/2020 Development : Obligation ........:................................................................................................................................................................ CITY OF CORPUS CHRISTI 62 DECEMBER 3 , 2020 PLANNED PUBLIC INVESTMENTS -------------------------------------------------------------------------------------------------------------------------------------------------------------------------OF ESTIMATED DESCRIPTION iJECT FUNDING SOURCE YEAR START U6 Solid Waste Drainage Lifecycle : Certification of 2020/2020 Improvement : Obligation :........:.........................................................................:....................:........................................:........................: U7 Cefe F. Valenzuela Landfill Road Certification of 2020/2022 Improvements : Obligation :........:.........................................................................:....................:........................................:........................ : U8 Erosion Control Lifecycle Improvements : Certification of 2020/2020 : Obligation :........:.........................................................................:....................:........................................:........................ : U9 Valenzuela Landfill Sector 2C Cell Certification of 2020/2021 Development : Obligation :........:.........................................................................:....................:........................................:........................ : U1O : Greenwood WWTP Electrical PAYGO, Revenue Bonds 2018/2021 Improvements-UV Sym :........:.........................................................................:....................:........................................:........................: U11 : Old Broadway Wastewater Plant PAYGO, Revenue Bonds 2018/2021 Decommission :........:.........................................................................:....................:........................................:........................: U12 McBride Lift Station &Force Main PAYGO, Revenue Bonds 2018/2020 Improvements :........:.........................................................................:....................:........................................:........................: U13 Greenwood Headworks & Grit Removal : Revenue Bonds 2018/2021 Rehabilitation :........:.........................................................................:....................:........................................:........................: U14 Greenwood WWTP Process Upgrade : PAYGO, Revenue Bonds 2018/2022 :..................................................................................:....................:.................................................................: U15 Greenwood WWTP Flood Mitigation : PAYGO, Revenue Bonds 2019/2022 :........:.........................................................................:....................:........................................:........................: U16 Greenwood WWTP Process Upgrade (DAF : None 2022/2023 and Odor Control) :........:.........................................................................:....................:........................................:........................: U17 Greenwood Flow Diversion to New 16,931 PAYGO, Revenue Bonds 2019/2022 Broadway WWTP ........................................................................................................................................................................... W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 G3 CRIME MAP ( 2015 - 2020 ) CRIME MAP ( 2015 - 2020 ) ------------------------------------------------------------------------------------------------------------------------------------------------------------ : CATEGORY 2015 20IG 2017 2018 2019 2020 ----------------------------------------------------------------------------------------------------------------------------------------------------------- : AGGRAVATED ASSAULT 354 : 381 : 438 : 442 : 433 : 67 : ARSON 27 : 21 : 25 : 35 : 29 : 7 : ........................................ ..................: .................. .................. ................... : BURGLARY 513 : 560 : 557 : 482 : 488 : 68 : .. . .. . .... HOMICIDE 5 : 12 : 6 : 9 : 14 : 1 ........................................ ..................: .................. .................. ................... : LARCENY 1,674 : 1,761 : 1,710 : 1,715 : 1,509 : 257 : ........................................ .................. .................. .................. ................... MOTOR VEHICLE THEFT 126 : 178 : 190 : 198 : 194 : 32 : .... . . .. ...... . . .... . OTHER CATEGORY 7,476 : 8,191 : 7,630 : 6,890 : 7,093 : 1,049 : ........................................ ..................: .................. .................. ................... : ROBBERY 114 : 132 : 148 : 128 : 168 : 27 : ........ .... ........ . ... SEXUAL ASSAULT 104 : 97 : 98 : 117 : 106 : 18 : ........................................ ..................: .............................---------:.................:..................:......... ...............�........ ..................:******************:******************:******************:******************:................... Total 10,393 :: 11,333 :: 10,802 :: 10,016 :: 10,034 :: 1,526 :: ............................................................................................................................................................ *Data as of February 2020 CITY OF CORPUS CHRISTI G4 DECEMBER 3 , 2 0 2 0 ..-.. _ .• -.. y Joe_Fulton-Corn or c y m i Navigation Blvd VII���II v Up�RivenRd o K a� N Port Ave 3 3 Z a 37 c m_ -Stae-�Spur407 R Leopard•gt.=' 1 Anteloipr pe t i Lipao St � O �,e Comanche St v L � Oma State SP Ur N �> • • us Christi < N e N Padre Is/a' o. `apaPJ B ford StBay Morga_nAve o ° Corpus Christi m _ ■ I � "a� �`� `� � ��,` International i Bates Rd o l Airport a �. I���� pIIIDII �� p'�I Bear L•n ar/tOnst ,�O` i Horne d 3p r iV O � a Joe MireU� B oomingtOn S�t w W Point.Rd GO///harR =mQ q )j0 Or ♦erawn a �a �svi\\e tz Y,Q • Sa�atO � - ,y 9a%q • - - �a � 0 n Co Rd 26 - aD� o° Co Rd 26 Cabaniss Field �- - "• "• � � °O o• M a aa � PUBLIC INPUT : CRIME A N 0 SAFETY CONCERNS PUBLIC INPUT : CRIME AND SAFETY CONCERNS The map shows the location of crime and safety concerns as identified by the public input received through the online survey. Each marker on the map represents the location of a good example or an issue related to crime and safety. For details regarding the comments related to each data point, see the Online Survey Summary (February3, 2020). CITY OF CORPUS CHRISTI GG DECEMBER 3 , 2020 MOM� ,•r PUDLIC INPUT CRIME AND S ._._...�• �F ! •i l a Corpus ® Christi CAROB - a Bay 0 0 @Wm � g O General Safety Responses ® • General Safety General Safety, (Good) 0 General Safety, (Bad) Westside Boundary 8 Corpus Christi City Limits e � Miles i Source: Metroquest Data collected February 2020 ECCPMENT E" ' e ,� EMBED 3 , fi7 '3 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI GH DECEMBER 3 , 2020 ENVIRONMENTAL CONDITIONS W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 PRELIMINARY FIRM PRELIMINARY FIRM FEMA FLOOD ZONE DESIGNATIONS Velocity Zone Areas along coasts subject to a 1% or greater annual chance of flooding in any given year that include additional hazards associated with velocity wave action. 1% Annual Chance (100 Year) Areas subject to a 1% or greater annual chance of flooding in any given year. 0.2% Annual Chance (500 year) Areas subject to a 0.2% or greater annual chance of flooding in any given year. Minimal Flood Hazard Areas of minimal flood hazard from the principal source of flood in the area and determined to be outside the 1% and 0.2% annual chance floodplain. DESIGNATION Velocity Zone 0 0% 0 PERCENTAGE ...........:.........................................:....................... .........:................................:................................ : 1% Annual Chance 2,861 : 22% : 4,361 ...........:......................................... ................................:................................:................................: 0.2% Annual Chance 671 : 5% : 551 :... t.........................................:................................:................................: ............................. Minimal Flood Hazard 9,430 : 73% :.............. ......................o.. ................................: Total 12,962 : 100% 4,912 .......................................................................................................................................................... CITY OF CORPUS CHRISTI 70 DECEMBER 3 , 2020 .. open=alp 181 r � • � t a Corpus a Christi Bay Mao S Q 1@l 8 8 S c Flood Prone Areas ..kv? FEMA Flood Zone Velocity Zone 1%Annual Chance 0.2%Annual Chance �8 Open Water Westside Boundary Corpus Christi City Limits Miles Source: City of Corpus Christi r ( c Data collected February 2020 AWE=STSIDE 'R- DEVE10PMENT P-LA E C E M B E R 3 . '2D2D 71 (�ii1�33 PUBLIC INPUT : UTILITIES AND FLOODING The map shows the location of utility and flooding concerns as identified by the public input received through the online survey. Each marker on the map represents the location of a good example or an issue related to utilities or flooding. For details regarding the comments related to each data point, see the Online Survey Summary (February3, 2020). CITY OF CORPUS CHRISTI 72 DECEMBER 3 , 2020 Nara � �■� �--____-�r ',-"moi .... ...... .... y •t ds � r� �"'°•. � 9 .. � � ���� 181 Corpus q, 9 Christi ® Bay 8 8 ® .QO ' r1' ® Utilities, Flood Responses O Utilities, Flood OUtilites, Flood, (Good) OUtilites, Flood, (Bad) (�3 8 g � Westside Boundary f Corpus Christi City Limits rcap �+ Miles ��� ► Source: Metroquest Data collected February 2020 r c , r I D F 73 M THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 74 DECEMBER 3 , 2020 PUBLIC INPUT : LAND USE W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 � � | � T | � � | 8N � N � � � � . � . . .. � � � .. � � � � EXISTING LAND USE � � Agriculture 2,751.9 2196 � �—�----------------------------------��................. ........................ � � � Estate Residential 20.2 : 096 � �—�----------------------------------��-----��--------� � � L0w'Den5ityRe5identia| 2.019/41696 � �—�----------------------------------�-----��--------� � � K4ediunl'Den5itvRe5id9ntia| 230.8296 � --------��-------------------------'�................. ........................ � High'DensityResidentia| 6.9 <196 � r~�----------------------------------. ................. ........................ � � � K4anufB[tu[edH0u5xlg 83.6 : 196 � -----------'�----------------------�-----��--------� Park 4507 : 396 � ----------------------------------. -----.. ........................ � ��� Pub|ic/Senni'Pub|ic � 1.�89f) � 1096 � ���----------------------------------��-----��--------� � � Professional Office 607 : <196 � ----------------------------------��-----.. ........................ � Commercial 731] 6% � r~�----------------------------------. ................. ........................ � � � Light Industrial 1]56.5996 � �—�—��--------------------------------��................. ........................ � � � Heavy |nduSt[ia| 439.4 : 396 � �—�---'-------------------------------�-----.. ........................ � � � DrainageC0[[id0[ 185.6196 � �—�----------------------------------��................. ........................ � � � Right'0fVVay 2'043.81696 � �—�----------------------------------��................. ........................ � � � Railroad Right-of-Way 437 : <196 � �—�----------------------------------��-----.. ........................ � � � Vacant 1'44271196 � �—�----------------------------------��................. ........................ � � � VV8te[ 5.3 (196 � .............................................. ............:. �-----------------------------------'.-----��--------� � Total :: 12,962.3 : 100% � ..........................................................................................................'��������......................... CITY OF CORPUS CHRISTI 7G OECEM8ER 3 . 2O2O G'�fl3 w j y♦.4w1 : p Corpus Christi alb .,�;`� �� • 8 Bay �a.• '4�s'`a� 4Y "� r � r a 16 \► •?s Existing Land Use p I' Vii'lipw �' Existing Land Use (2019) mpmmi_ + w►t Agricultural N Water ��► �. D Drainage Corridor ` Railroad Right-of-Way '•� .a _ ti I ' +� � Vacant Estate Residential I Low Density Residential Medium Density Residential fes, High Density Residential Manufactured Home �✓ Park . " Public/Semi-Public v ! Professional Office Commercial e + Light Industrial CGIm ■ / Heavy Industrial Westside Boundary ej) Corpus Christi City Limits ,rr Miles _, — f Source: City of Corpus Christi WE; T S I D E•-.,A R a _NEG_ 3 , 2D2 77 �. � NAO | V | � | � � / � | � TT | � � � � � � . , . � . � .. ' . � � . . . .. � S U 0 0 1 V I S 10 N / P L A T T I N G DECADE ACRES � Prior tol940 1/953 : �------------' ------------'� : 1940's 1]74 : �------------' ------------'� : 1950's 610 : �------------' ------------'� : 1960's 2.099 : �------------' ------------'� � 1970's 653 : �------------' ------------'� : 1980's 476 : �------------' ------------'� : 1990's 225 � �------------' ------------'� � ZOOO/s 525 : �------------' ------------'� � ZCOO's 408 : �------------' ------------'� � ZOZO's 66 : �------------' ------------'� no data Z.ZZ8 � �--------'. � � � ���—� ------------'� � �N�. � �--------- —��------------'� � TmtaU10,418 : �....................................'.....................................'� C | TY OF CORPUS CHR | 3T | 78 OECEM8ER 3 . 2O2O Joe FuNon Corridor r7 c 0 m" mJ Market St a ig 'o v mm�m Up�Rf�en � 37 d m .tea 3 D La � r I� INSo I- `er I�1III°S S/ v r agO �• Opard�St Imo+ Ra' J■U ppte\ope 37 State?Spur40Z — - Le p rd Sty gt �h , O e Comanche St ro o s oo JON&Me SSpur 544 N state 4q - z � I'— � � ■,l�k� I m Iltl r wm N Padre Is/ o- � M `na Buford St Corpus Christi a i a x _ .mac ti A International Bates Rd oCL Airport z z y BearlLn k�ri aMto Horne Rd 30° � V Jce M're�c Bloomington St �� g w Point Rd GO///harRq mQ T�'pJeh Or • • • • d •�1 svi\\e� • 1 O\d BtoW y°iiyRq •.1 • 1 ••1 �h Sarat°gaey ■■■R 111 CV° 1 1 Co Rd 26 n _ LL 0 ap' _ Co Rd 26 �' • • • • 1 1 Cabaniss Field ea ��� CQ4 Rq Sepet oye%q � FM 4 ,o a o V � O1 � � NTN � � | � � O N � � � � . � . � . � ° � � � .. � � � � 2016 FUTURE LAND USE ------------------------------------------------------------------------------------------------------------------------- Agriculture/Rural Enterprise 98.3 : 1% � � Mixed-Use 144.2 196 � -------------------------------------. ................. ........................ � Commercial 1]581} 996 � -------------------------------------. ................. ........................ � Government 1]59.6996 � -------------------------------------. -----.. --------� Institutional � 116.8 � 196 � -------------------------------------. -----.. --------� I.H.e.a.v.y..I.n.d.us.t.r.i.a.1 46[l84Y� � � ---------------------------' -----�. --------� � Light Industrial 2]61f) 1796 � �—�-------------------------------------��-----��--------� � Low-Density Residential 214i2296 � �—�------''------------------------------��-----��--------� � � K4ediunl'Den5itvRe5identia| 4[349.5 : 34% � ---------�----------------------------�-----��--------� High-Density Residential 252.0 : 296 � '..----'.------------------------------ -----.. ........................ � � Transportation 2,084.8 : 1696 � �—�---��---------------------------------'�-----.. ........................ � � � Permanent Open Space 624.5 : 596 � -------'�-----------------------------�-----.. ........................ � �� F|00d Plain Conservation � 110.0 : 196 � �«�-------------------------------------. -----.. ........................ � � � Water 5.5 : /196 � �—�-------------------------------------��-----��--------� � � Vacant 22.4 : <196 : �—�----------- --' ' � � � �------------� --' ' � Total :: 12,962.3 : 100.0% : ...................................................................................................................':..........................................� CITY OF CORPUS CHRISTI so OECEN8ER 3 . 2O2O •w µms. ....�� ,�r , 2016 FUTUE SID U/Z E ``"• g �� 8 �•� ply %Ron NO Z I Mimi 1 -,,�,,.r-...►��c..�_,�'� n_..fir. -�,1 .. �i/ i-33 ZIP Anale MINE Corpus Christi 8 Bay ILL "rte: ,► �► 2016 Future Land Use Agriculture/Rural Enterprise UIR3G �F _�;y, ■sem Mixed Use ME Commercial � ME Government A*1 ,_ M§Institutional ME Heavy Industrial _ ` Light Industrial Low-Density Residential Medium-Density Residential High-Density Residential f�%rte ` Gj! Transportation Permanent Open Space Flood Plain Conservation Water / Westside Boundary Corpus Christi City Limits Note: { / Acomprehensive plan shall not << ` constitute zoning regulations or 'fest establish zoning district boundaries Miles R Source: City of Corpus Christi r ' --• -'-""� WESTSID�' -A,R, A DEVELOPMENT PLAN 8 DECEMBER 3 , 2020 81. APPROVED ZONING CASES ( 2015 - 2020 ) APPROVED ZONING CASES ( 2 0 15 - 2 0 2 0 ) CITY DF CORPUS CHRISTI 82 DECEMBER 3 , 2020 ueraitonCornute r� Market St APPROV EO ZONING E S E 71 T•,.µ fl-igat,n Blvo y €1 t 1215-04 � R;E�Ra 0515-04 �•, 0517-03 QortAve �•'' , 0815-05 0915-08 1818, 1018-05 0416-03 �p 0615-06 s 0419-01 �--� f Ra t State Spur 407 L•eopard.St + 0418-02 'Lipa,St MMMMMMMMMMMMy�05 C-omanche-Sti 0116-02 00 0615-04 0815-04 State SP,544 Agnes St o o- State Hwy 44";: 0719-04 i_l_ Q 0718-01 Corpus 0415-06 s. W y oa �' Christi �P,e 0216-02 D Bay II0519-03 Morgan Ave 0615-02 '� eaidw� 1119-05 s gg 0517-01 s Rd r , m Bate 1 Q `a 1017-03 Bear Ln fo 0517-02 ' 0120-03 0816-01 ; a< 0119-01 Horne-Rd�300 0m�� c m Jia I Joe M`�0 0120-01 0616-02 _ 0116-01 a -6 0317-01 U � y 0715-04 W-Point`Rd °iharRd �mQ «,« 0319-01 °r 1219-02 eraw BownsN\\eRa r Zoning Cases in 0`d tio„ the past 5 years 0818-01 Year of Case D 2015 sa afo 1118-02 S°ko;, 2016 9a 6;�d 2017 2018 oa 0717-02 ' 2019 co izd 26 D 2020 a Westside Boundary Zcm rT� Corpus Christi City Limits ntTt`^ 0< h'ii i Miles Source: City of Corpus Christi Co Rd 26 � May 2020 r , i WESTSIDE AREA DEVELDPMENT PLAN sara�o I - �, EDEMDE �2 ?' _ D [� '? LI �aeiidg3 FM 43 �« ti 8 � � � � V � � � � � | � � � � � � � � � � 1q - � � � � � " ' ' '^ � " � = � � '" ' '" � � " � � � v � � ' � � � � � ^ ZONING DISTRICT DEFINITIONS ZONING DISTRICT DEFINITIONS � FR F�[nl Rural � � C�'2 ��n�r�| C0nlnl�r[i�| � � � � � --------------------------' --------------------------' � RE Estate � � Cl |nt�n5iv� C0nlnl�r[i�| � � � � � --------------------------' --------------------------' � RS'6Single-Family 6 BP Business Park � --------------------------' --------------------------' � RS'4i5 Single-Family 4i5 CC C0nlnle[[ia| Compatible � --------------------------' --------------------------' � RS-TF 7lw0'F3nli|y |C Industrial Compatible � --------------------------' --------------------------' � RM-1 Multifamily |L Light Industrial � --------------------------' --------------------------' � RM-3 Multifamily 3 |H Heavy Industrial � --------------------------' --------------------------' � CN-1Neighborhood Commercial RVRecreational Vehicle Park � --------------------------' --------------------------' � ON Office SP Special Permit � --------------------------' --------------------------' � CG-1 General C0nlnle[[ia| (Limited) � --------------------------' DATE APPROVED CASE NUMBER ZONING CHANGE 5/26/2015 0415-06 IL to IL/SP �......................................�......................................�............................................................................ � � 6/23/2015 0515'04 RS'6t0 ON � .......................................�......................................�............................................................................ � � 7y�1/2[U5 � 06J5'QZ � |L t0 |L/SP � � � � � �------------'�------------'�............................................................................ � � 7y�1/2[U5 � 06J5'06 � RS-6 RK4� � � � � � �------------'�------------'�............................................................................ � � R/ 8/�[U5 � 06J5'04 Cl� 0C|/SP � � � � � �------------'�------------'�............................................................................ � � g/R/7[U5 � 0715'04 � ���� t0 |L � � � � � �------------'�------------'�............................................................................ � : 10/�0/�[U5 � 0ED5'05 � |L t0 |L/SP � � � � � �------------'�------------'�............................................................................ � : lO/77y7[U5 � 0ED5'04 � RK4H t0 RV � � � � � �------------'�------------'�............................................................................ � : ll�7Y�[U5 � 0915'08 � FR t0 |H � � � � � �------------'�------------'�............................................................................ � : l�9/�[U6 : 1��5'04 IH � � � � � �------------'�------------'�............................................................................ � � 2/ 6/2[U6 � [U16'[U � |Lt0C��� � � � � � �------------'�------------'�............................................................................ � � 2/ 6/2[U6 � [U16'02 � |H t0 RS-4.5 � � � � � �------------'�------------'�............................................................................ � � 4/ 9/�[U6 � 0�16'0� CN-1 � � � � � �------------'�------------'�............................................................................ � � 5/24/2016 0416'03 RS'6. ON, & RK4-1 to |L � .......................................�......................................�............................................................................ � � ��9/�[U6 � 06J6'0Z � CN-1 t0 C��� � � � � � �------------'�------------'�............................................................................ � � A/77Y7[U6 � 0ED6'[U � RS-6 CN� � � � � � -------------------------- ............................................................................ C | TY OF CORPUS CHR | 3T | 84 O E C E M 8 E R 3 . 2 0 2 0 A� � � � � V � O 7 � NU � � � 8 � � � � � � 1 � - � � � � � . .. � , � ° � � .. . .. � � " � � � v � � . � � � � � v DATE APPROVED CASE NUMBER ZONING CHANGE � 4/ 8/�[U7 � 0317'CU � IL C��� � � � � � �------------'�------------'�-------------------------�� � 6/ 8/�[U7 � 05J7�03 � C�� t0 |H � � � � � �------------'�------------'�-------------------------�� � ��1/ZCUT � 05J7�[U � C��� � RM-3 t0 |L � C��2 � � � � � �------------'�------------'�-------------------------�� : ��l/2[U7 � 05J7�02 � RM-3 t0 C��Z � � � � � �------------'�------------'�-------------------------�� � 9/26/2017 0717-02 RS'6t0 |L � .------------'�------------'�-------------------------�� : lZ��/Z[U7 : 1[U7�O3 CN-1 � � � � � �------------'�------------'�-------------------------�� � 6/26/2018 0418'02 CG-2t0 |L/SP � .------------'�------------'�-------------------------�� � 8/�1/Z[U8 � 0718'[U � RS-6 RK4� � � � � � �------------'�------------'�-------------------------�� � � g/ 1/2[U8 1117�[U � |L t0 |L/SP � � � � � �------------'�------------'�-------------------------�� � 9/�5/�[U8 � 0ED8'CU � RS-6 {)N � � � � � �------------'�------------'�-------------------------�� � : 1/��/2[U9 1[U8'05 IH � � � � � �------------'�------------'�-------------------------�� : 2/ 9/2019 : 1118'02 RS'6t0CN-1. ON, & CC � �------------'�------------'�-------------------------�� : 2/ 9/2[U9 � [U19'[U � |Lt0C��� � � � � � �------------'�------------'�-------------------------�� � 4/ 6/2[U9 � 0319'[U � FR � RS'6t0 |C � |L � � � � � �------------'�------------'�-------------------------�� � 5/�1/Z[U9 � 0419'0� OCL � � � � � �------------'�------------'�-------------------------�� � 6/ 1/2[U9 � 0419'CU � C��� t0C���/SP � � � � � �------------'�------------'�-------------------------�� : 7y30/�[U9 � 05J9'03 � CN-1 t0 RS-6 � � � � � �------------'�------------'�-------------------------�� � g/ 0/�[U9 � 0719'[U � C��� t0 |L/SP � � � � � �------------'�------------'�-------------------------�� � g/ 0/�[U9 � 0719'04 IL � � � � � �------------'�------------'�-------------------------�� : lZ�0/�[U9 : 1[U9'08 � RS-4.5 and CN� � � � � � �------------'�------------'�-------------------------�� : 1��/2020 : 1[U9'O7 � |L/HC t0 |L Denied � � � � � �------------'�------------'�-------------------------�� : 1��/2020 : 1119'05 � RS-6 RS-TF � � � � � �------------'�------------'�-------------------------�� : � 2/ 1/2020 1[U9'[U � RS-6 Cl � � � � � �------------'�------------'�-------------------------�� : �/ 8/�0�0 1��9'0� � RS'6t0RK4� � � �� � � �------------'�------------'�-------------------------�� : ��7y�QZ0 � [U�0'[U � RS'6t0CN� � � � � � �------------'�------------'�-------------------------�� : ��7y�020 � CU�0'03 IL � � � � � �------------'�------------'�-------------------------�� : 3/31/Z020 � 0��0'CU � RK4-3 �nd ���� t0 |L � � � � � ---------------------------------------------------- WE3T3 | OE AREA OEYELOPNENT PLAN OECEN8ER 3 . 2O2O �� LANDFILL LOCATIONS LANDFILL LOCATIONS CITY OF CORPUS CHRISTI 8G DECEMBER 3 , 2020 wet-ultoriCornou c i Market St r� �p m� t, •1t*ww. L A N 9 �� LVa�i�7aton IJvd •..... . w 11 "w a Up'R/VerRd T "� ort Ave °_ co 181 m Qip 5 j J i o° ale St k hebago <e. State ur407 e�R �Leopal sv St �rd=St - -5p and St i S Lipan St Comanche 5k co State SW 544 I nes g - _. State Hwy"44", l Z � Corpus A �� �e Chaste N Padre Is/ O o Q y,, �-`0 I aP ' ,_. � s. a. � -� 9 _ 6 2� Buford-St , , � Bay LS a ° (D-Morgan-Ave , cL... I 'o m� a my �m N Oi ,�m �.. • .,,. .,.,.. ,. _ Bates-Rd toq p` ` --T—BearL-n Horne• a JoeM`� Bloomington St _co y /eyes y WPoid G0/0101 mQ Ra z Landfill Locations Facility Status Br°wns„VAeRd v� ., Active ota yO/�yR a� �nactive sokO/�� 4P a / of Constructed Cc Rd 26 � Westside Boundary zcm Corpus Christi City Limits y FR a7 N 1 P ��N•Ooa Miles �` Source: NH(' Co Rd-26 Data Obtained;April 2020 foo 0 7 j t� /07 Rq W F 7 C I FM 43 aEIEMBEP LE 2020 sa%o 81 q -a a o d' �j� � •.mQGj”' BUSINESS ANALYST RETAIL MARKETPLACE PRUFILF BUSINESS ANALYST : RETAIL MARKETPLACE PROFILE esrr Retail MarketPlace Westside Boundary Prepared by Esri Area: 21.26 square miles Summary Demographics 2019 Population 53,985 2019 Households 17,863 2019 Median Disposable Income $28,653 2019 Per Capita Income $14,490 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Summary (Retail Potential) (Retail Sales) Factor Businesses Total Retail Trade and Food&Drink 44-45,722 $379,721,175 $628,808,468 -$249,087,293 -24.7 326 Total Ret ail Trade 44-45 $343,397,069 $550,380,965 -$206,983,896 -23.2 232 Total Food&Drink 722 $36,324,106 $78,427,502 -$42,103,396 -36.7 94 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Group (Retail Potential) (Retail Sales) Factor Businesses Motor Vehicle&Parts Dealers 441 $75,142,187 $118,815,548 -$43,673,361 -22.5 56 Automobile Dealers 4411 $60,944,440 $65,638,736 -$4,694,296 -3.7 25 Other Motor Vehicle Dealers 4412 $7,739,078 $24,017,795 -$16,278,717 -51.3 9 Auto Parts,Accessories&Tire Stores 4413 $6,458,669 $29,159,016 -$22,700,347 -63.7 22 Furniture&Home Furnishings Stores 442 $11,421,133 $15,465,292 -$4,044,159 -15.0 9 Furniture Stores 4421 $6,844,799 $12,153,652 -$5,308,853 -27.9 4 Home Furnishings Stores 4422 $4,576,334 $3,311,640 $1,264,694 16.0 5 Electronics&Appliance Stores 443 $12,006,709 $5,280,676 $6,726,033 38.9 7 Bldg Materials,Garden Equip.&Supply Stores 444 $20,883,690 $76,340,953 -$55,457,263 -57.0 26 Bldg Material&Supplies Dealers 4441 $19,798,795 $75,513,832 -$55,715,037 -58.5 22 Lawn&Garden Equip&Supply Stores 4442 $1,084,894 $827,121 $257,773 13.5 4 Food&Beverage Stores 445 $63,967,488 $143,507,495 -$79,540,007 -38.3 48 Grocery Stores 4451 $58,368,290 $132,811,812 -$74,443,522 -38.9 37 Specialty Food Stores 4452 $2,750,341 $5,384,668 -$2,634,327 -32.4 8 Beer,Wine&Liquor Stores 4453 $2,848,856 $5,311,015 -$2,462,159 -30.2 3 Health&Personal Care Stores 446,4461 $19,783,035 $20,944,330 -$1,161,295 -2.9 10 Gasoline Stations 447,4471 $36,641,961 $51,168,562 -$14,526,601 -16.5 20 Clothing&Clothing Accessories Stores 448 $14,842,332 $3,933,851 $10,908,481 58.1 7 Clothing Stores 4481 $10,020,411 $2,636,114 $7,384,297 58.3 4 Shoe Stores 4482 $2,226,268 $389,598 $1,836,670 70.2 1 Jewelry,Luggage&Leather Goods Stores 4483 $2,595,653 $908,140 $1,687,513 48.2 2 Sporting Goods,Hobby,Book&Music Stores 451 $11,343,937 $7,861,030 $3,482,907 18.1 9 Sporting Goods/Hobby/Musical Instr Stores 4511 $10,114,241 $7,849,679 $2,264,562 12.6 9 Book,Periodical&Music Stores 4512 $1,229,696 $0 $1,229,696 100.0 0 General Merchandise Stores 452 $59,409,422 $69,131,079 -$9,721,657 -7.6 21 Department Stores Excluding Leased Depts. 4521 $40,665,085 $46,746,216 -$6,081,131 -7.0 4 Other General Merchandise Stores 4529 $18,744,337 $22,384,862 -$3,640,525 -8.9 17 Miscellaneous Store Retailers 453 $12,999,966 $23,269,356 -$10,269,390 -28.3 14 Florists 4531 $461,527 $0 $461,527 100.0 0 Office Supplies,Stationery&Gift Stores 4532 $2,804,803 $4,529,301 -$1,724,498 -23.5 4 Used Merchandise Stores 4533 $2,153,154 $16,912,038 -$14,758,884 -77.4 6 Other Miscellaneous Store Retailers 4539 $7,580,481 $1,773,135 $5,807,346 62.1 4 Nonstore Retailers 454 $4,955,209 $14,662,793 -$9,707,584 -49.5 4 Electronic Shopping&Mail-Order Houses 4541 $3,682,205 $0 $3,682,205 100.0 0 Vending Machine Operators 4542 $321,297 $13,207,887 -$12,886,590 -95.3 1 Direct Selling Establishments 4543 $951,708 $1,454,906 -$503,198 -20.9 3 Food Services&Drinking Places 722 $36,324,106 $78,427,502 -$42,103,396 -36.7 94 Special Food Services 7223 $408,975 $698,272 -$289,297 -26.1 3 Drinking Places-Alcoholic Beverages 7224 $1,189,146 $1,145,188 $43,958 1.9 4 Restaurants/Other Eating Places 7225 $34,725,985 $76,584,043 -$41,858,058 -37.6 88 Data Note:Supply(retail sales)estimates sales to consumers by establishments.Sales to businesses are excluded.Demand(retail potential)estimates the expected amount spent by consumers at retail establishments.Supply and demand estimates are in current dollars. The Leakage/Surplus Factor presents a snapshot of retail opportunity.This is a measure of the relationship between supply and demand that ranges from+100(total leakage)to-100(total surplus).A positive value represents'leakage'of retail opportunity outside the trade area.A negative value represents a surplus of retail sales,a market where customers are drawn in from outside the trade area.The Retail Gap represents the difference between Retail Potential and Retail Sales.Esri uses the North American Industry Classification System(NAICS)to classify businesses by their primary type of economic activity.Retail establishments are classified into 27 industry groups in the Retail Trade sector,as well as four industry groups within the Food Services&Drinking Establishments subsector.For more information on the Retail Marketplace data,please click the link below to view the Methodology Statement. http://www.esri.com/library/whitepapers/pdfs/esri-data-retail-marketplace.pdf Source:Esri and Infogroup. Esri 2019 Updated Demographics. Esri 2017 Retail Marketplace.Copyright 2019 Esri.Copyright 2017 Infogroup,Inc.All rights reserved. November 19,2019 02019 Esri CITY OF CORPUS CHRISTI 88 DECEMBER 3 , 2020 BUSINESS ANALYST : RETAIL MARKETPLACE PROFILE 4pesri Retail MarketPlace Westside Boundary Prepared by Esri Area: 21.26 square miles 2017 Leakage/Surplus Factor by Industry Subsector Motor Vehicle&Parts Dealers Furniture&Home Furnishings Stores Electronics&Appliance Stores BldgMaterials,Garden Equip.&Supply Stores m i Food&Beverage Stores Health&Personal Care Stores Gasoline Stations Clothing and Clothing Accessories Stores - - Sporting Goods,Hobby,Book,and Music Stores General Merchandise Stores Miscellaneous Store Retailers Nonstore Retailers Food Services&Drinking Places -50 -40 -30 -20 -10 0 10 20 30 40 50 Leakage/Surplus Factor 2017 Leakage/Surplus Factor by Industry Group Automobile Dealers Other Motor Vehicle Dealers Auto Parts,Accessories,and Tire Stores Furniture Stores Home Furnishings Stores Electronics&Appliance Stores Building Material and Supplies Dealers Lawn and Garden Equipment and Supplies Stores Grocery Stores Specialty Food Stores Beer,Wine,and Liquor Stores Health&Personal Care Stores Gasoline Stations Clothing Stores Shoe Stores Jewelry,Luggage,and Leather Goods Stores Book,Periodical,and Music Stores Department Stores(Excluding Leased Depts.) Other General Merchandise Stores Florists u Office Supplies,Stationery,and Gift Stores Used Merchandise Stores Other Miscellaneous Store Retailers Electronic Shopping and Mail-Order Houses - Vending Machine Operators .. Direct Selling Establishments Special Food Services Drinking Places(Alcoholic Beverages) Restaurants/Other Eating Places -80 -60 -40 -20 0 20 40 60 80 100 Leakage/Surplus Factor Source:Esri and Infogroup. Esri 2019 Updated Demographics. Esri 2017 Retail Marketplace.Copyright 2019 Esri.Copyright 2017 Infogroup,Inc.All rights reserved. November 19,2019 W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 89 City of Corpus Christi Westside■ AREA DEVELOPMENT PLAN City Council Public Hearing December 20, 2022 11� 0C FREESE 0 1 A//.��ends ��,� Westside AREA 6EVELOPN ENT PLAN 1. Project Overview --- --- - --- 2. a En ement Summar '{V "'' ■' Engagement Y 3. Future Land Use Map 4. Vision Themes and Policy Initiatives 5. Public Investment Initiatives Project Overview F19 Wes4tside Plannin� Q.st r.ct $gg 19]4 11 POnianl 1�l_�il _Inglesitle '' �_/`�\ {t••j'�. 1\ -_ - r _,a) 4:�/` rnmca �ii �sr: cfa v say .nom. Corpus Christi ool Rotistoevn �\ " 44 �11 u6rar�KL�i' IItY T. P. 16941 ii a f 53 358 t 665 43 1�/_ I p/ I ,361 - Izes e9 YJostsldC Arca Development Plan soundary Westside Context Map j /r Q Westside Boundary _I Corpus Christi City :.: Limns wAvo o zs s ,oa - - Miles � rr Area Development Plans 0Westside AREA GEVELDPM ENT PLAH ❑ Area Development Plans (ADP) are plans for the City's nine (9) CurnpreheWsWPlan Planning Districts. pl,-"`-' n'",` "° "r '"�' ImpinmentaGon Pfen P•A:riiiul cn Ilr.:rn.l 6nckgrunnd Inf...L n[rirn:i n3a��in kn,e��1•;vli�i I.e VN Ii fviinA-1 ❑ An ADP is similar in content to the Area,evzlopr I n,:r,�•..�,a an=• 0.•an atn?.u• Wool m�rcr.�n I City Comprehensive Plan but goes I CCaupm-hn' Yn•:•ndU' ul ul'n Wnn lslan I into more detail specific to the I us.lf ,I' a,n- planning district. �,as-e lal5 T:!rn.I•:r:,lir,Finn I-M,Ar'.i:Vt-I 'r'T i Al i5[5•I".ar - rl,ar PaiSporcatcn nlan Map :.M.i�...'.v.,rr-•-i:c-rr nl;-, ❑ The City Planning Department has P:Ym:Rr .::i.rM:•.m•r F:1 : ,.nb rnnzlcr RL,n ;ml M-L,rinn been working to update the ADPs since 2018. Several, including Ca p Ital I mq rwe n-e qt P la n <—SPp.;iJlc Pani Westside had not been updated -mnP.," J in F:rM1lr�nve�Flnn since the late 1980s. -- 5 Demographic Highlights n)_�V[� 1�estsidAN (J AREA DEVELOPMENT PLAN � a 55,66.4 53,985 I 51.862 51,260 Median Household Income I I49. I 2000 2010 2019 2024 'r " ' Population Growth by Year Average Annual Growth Rate ' 'Nestside CorpusChristi -rnle,.fed Pnpuhti- 2000-2019 (ccupied Housing Units RACE 9 ETHNICITY by EDUCATIBNAL ATTAINMENT 75-(2019Y 16.3% Some Other Race Some Calle e X0.1% 2.7% T•rvo or M.- Pacific Islander 2.1% 7.4% 0.7% 14.2% Bs. o--4 Asian 65-B4 14.6 5-14 0.7% American Indian 7.1% 35.7 Block Median Aye 34.4% 271% College or Graduate De ree 0� 5' 64 15-34 Hispanic Origin f;i, e s—..r_r..,..,.w...4..,,.,,,Ml— ,SW I.F,.i...,., w..,.,Na.F,...........r .,.:rrr..,.. 1111_ ,,J., 6 ..._._......._..._...... _. _._...... Timeline ®f Events and Activities Qi k lti .\,�� �ti t ,•��, .� �ti °�'� � �� ��'� stip ��° 0 0 • • • • • • • • • • • ti YaJ`yo� �eeaJ`y o --- `J oa ®..... Advisory Committee Meetings Throughout ProceLr,---"—'- i�; Developing Baseline Analysis Drafting Plan Finalizing Plan Engagement Summary 1st Open House Summary 0Westside AREA DEVELOPMENT PLRH WHAT IMPORTANT FACTOR WHEN CONSIDERING FUTURE F' IMPROVEMENTS? Economic Development N. Quality of Life % 1' Revenue Generation i� [ Impact on Transportation I 1 1' Drainage Impacts 29.0% 19.4% 19.4% 9.7% 9.7% 6.5% 6.5% Preservation of Open Space Environmental Impact Impacts on Cost of City Services More Mixed-Use Professional New Parks Shopping Restaurants Entertainment Housing Office/ and Trails Personal Choices Employment Services Other:Incentives Opportunities Other:Infrastructure 9 1St Online SurveySummar p>_,�� 1�estsidAN AREA DEVELOPMENT PLAN What are your tap priorities peg ording the quality 1 I' Rate Your Priorities Current Amenities and Services Pu hlic Servlces ® Highest Rated Housing Options Family-Oriented 4k4 Y is the most Important Environmental Issue Improving Existing Parks is the MOST neede R ec rent lona l l m prove me n F Environmentally Friendly Parks and Recreation SinSie=amity ricin..: ar2 the mast needed Biggest Transportation �. Challenge is Public 326 76% Transportation Respond That They on Participants Live in the Westside Fa are the MOST N edecies Entertainment Offo.n5 10 Project Webpa e Guest Book f'Lr�VCY Westside ` ' �J AREA DEVELOPMENT PLAN "Tell us about your priorities for the Westside study area." Recrea_o-i l Facifltle5 (18) Address Safety Issues _(14) "More playgrounds for children as toddler ages. More green Economic Stimulation M(10 areas, exercise areas. Street repairs. Homeless problems need to be solved." Code Enforcement ■i'T "More strict code enforcement in the area..." Street/Infrastructure (6, Repairs "We need to bring more businesses to the Westside. We have cu tura(&SoCiBi? ed for businesses..."a lot of land that can be developed Community Facilities (5} p Equitable Housing �f5} "...put some housing for middle-class families..." Sidewalks,'Bike Infrastructure Future Land Use Map What is Future Land Use Planning? 0Westside AREA DEVELOPMENT PLAN ❖ It helps us envision how an area Why is this important? can or should develop in the ❖ Helps to keep development future. organized •'•• Informs rezoning decisions. Assists with planning for growth � w ,• WAR 7. �.._ - WA Future Land Use Map ( �L�"�Y Ae s t s i d e AREA DEVELOPMENT PLAN 41 . .......... .......r 73% a;, Agree with the Future Land Use Map Future Land Use ammo "...There should be some more high-density �Is�ll,d tylR D R housing options too. M d D R la 5 � J�"N.e\ "i"FloodaP enn Gonservatlon 7��. / 9Readwar "...The Future Land Use Map needs to be mindful '" _'���"�� of historical areas." 4V cem�.Ch—cm umm � i d � Dale-June 2Q22 .I Vision Themes and Policy Initiatives H®w the Plan is Set Up 0westsidAN AREA DEVELOPMENT PLAN Vision Theme Policy Policy Initiative Initiative ida Vision Themes Chanes ( p.20) ��,,"r WestsChanges AREA GEVELDPM ENT PLAN 1. Revitalization West side neighborhoods are invigorated by economic development, 87% preserved and enhanced neighborhoods, and access to job training and Agree educational opportunities. Vq1Jv ' L "Restore/Rebuild Older Neighborhoods." f r• . " All I It be the business eft Leopard. use to good.Make Leopard 5t.great again." "There should be protected bicycle lanes along each major corridor..." • '` ' "Would love to see growth in my Neighborhood." "Revitalization can't come at the price of �� .. affordability." ° "Fix streets/sidewalks to spur re investment." Vision Themes ( p.22) ��,,�r Westsida L 2. Culture 79% The City celebrates the heritage of west side neighborhoods by building on their deep-rooted culture. Agree 117C G M TY INPUT �7 • 'The historic fabric of the Westside ¢ 7eighborhoods has the tried and true recipe • for more walkable communities.Identify and , promote the key elements of density and mixed use that have developed in these neighborhoods over the years and feature the successes." r. ` My favorite part of the Westside is..."My Home. My Life." "Tradition" "Family,Diversity" Culturally rich community", "l4eep the local R , character","Cultural heart of the city" "Protected bikeP aths and more pedestrian "'` friendly ways to be inclusive of everyone!" Vision Themes ( p.24) ��,,�r Westside AREA DEVELOPMENT PLAN 3. Health and Safety 85% West side neighborhoods are safe, family-oriented communities that support a high quality of life. Agree COMMUNITY ;�,,,,, ., .. "Believe it ar not people want to be heaCthy also, make some nice trail environments � � "'��� _ .��`„ _ y with lots afi trees so we get quality air and L ,.. � peaceful spats to go with tamrly and pets'. ~ _-• "Gettin to knave fellow nei hbars is a seat way to build a safe strong neighfJarhood." - "'Lighting would support a high quality of life to prevent criminal activity" "Safe walking paths or sidewalks to school'" �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 1. Safety (p.28) Enhance the overall sense of safety through improved programming and environmental design. 1% 3% No Opinion High-Ranking Action Items by Importance NOl Irnp;]rtent 95 Increase lighting for safety 94 Implement Crime Prevention Thrv�ugh Environmental Design 92% Support programs to assist with home repair 91% Support neighborhood cleanup events 79% Very Important 90% guy and prepare abandoned properties for OVERALL, redevelopment 96%, SAY ITS IMPORTANT TOTAL RESPONCES;157 'No surveytelousselected'Important"as a response �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 2. Transportation and Drainage (p.31) Improve transportation and drainage infrastructure to create a safe environment for all road users and mitigate impacts on the community from flooding. "% High-Ranking Action Items by Importance 5D�� Not Imp�rt�'it Somewhat Important 95% Keep drainage ditches free of trash. 93% Create safe transportation facilities for all users 31% bikes, pedestrians,bus riders,and motorized Impnrtgnt vehicles. 90% Ensure public infrastructure and facility projects of all types— like parks, libraries, and street projects — include improvements to increase storm water capacity. 63% 89% develop the La Valla Creek Regional Detention Very Important Pond to reduce flooding in Las Colonial and OVERALL, Molina neighborhoods and include park-like 99%,SAY ITS IMPORTANT features TOTAL RESPONCES.789 89% Ensure that priority streets are in the City's •Noaumeytekem selected•No Opinion'as a response Infrastructure Management Plan(IMP). 21 �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 3. Healthy Living (p.34) Improve or expand facilities and programming to support a healthy lifestyle. 7% Not tclrlI High-Ranking Action Items by Importance � spm@wh�lt Important 93% Pursue programs that help kids walk bike to school safely © 92 Improve pedestrian connectivity between neighborhoods, stores. services, and parks. 31% 91% Help ensure residents have access to fresh and Iml7oriant affordable food. 59% 90% Expand bike/pedestrian infrastructure for those Very Important who cannot drive OVERALL, 909 Improve access to healthcare and social services 97%,SAY ITS IMPORTANT TOTAL RESPONCES:153 'No9 rveytakersselected'No Opinion'ae a—ponee 22 �estsidP®Iis Initiatives and Acti®n Items AREA GEVELDPM ENT PLAN 4. Housing and Neighborhoods (p.37) Support a variety of housing options and affordability levels to encourage homeownership and sustain the existing housing stock. 2% High-Ranking Action Items by Importance L`DI� Not In-pc-tr,..- 5am -7 ewhIt 91% Update codas to allow more housing types Important like backyard apartments or new houses in Manufactured Home or Office zoning districts. 86% Support building new homes in existing neighborhoods (infill). ' 86% Improve drainage In neighborhoods such as 39 through projects that reduce run-off and upsizin❑ Important deficient storm pipes 53% 85% Implement neighborhood improvement projects Very Important 84% Protect neighborhoods from incompatible OVERALL, commercial or industrial development. 98%,SAY ITS IMPORTANT 84% Incentivize the rehabilitation of houses in historic TOTAL RE5PONCES,158 neighborhoods. 'No eu mey tskem selected*No Opinion*as a response z3 �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 5. Culture and History Preserve, promote, and celebrate the local history and culture of the Westside. 15% High-Ranking Action Items by Importance Not Important 13% Hold cultural events that celebrate the community's heritage in a gest side location. 83'% Support the physical and programmatic growth of the Antonio E. Garcia ArLs ar,d Education Center 29% 83'% Increase exposure to the arts. 40 Somewhat 50% Im[)ort,3nt Very Important 80% Identify, preserve, and build upon the city's 'Noe—eytakere selected'Importam"as a response historic vest side neighborhoods. OVERALL, 79%,SAY ITS IMPORTANT TOTAL RESPONCES:159 24 Policy Initiatives and Action Items f'Lr�VCY Westsida Y LL 6. Community Services and Programs Expand public and private community services and programs. 6' 0 High-Ranking Action Items by Importance 94% Increase access to youth programs through schools and non-profits. 90`3, Continue programs that improve conditions for those experiencing homelessness. 87` Partner^with local churches, non-profits. and IeaderE to promote community services( :;:,...ir:•ilrt 50% rec-ource:S. 'No w eyt4k selected-Important"as a response OVERALL, 79%,SAY ITS IMPORTANT TOTAL RESPONOES:159 25 �estsidP®Iis Initiatives and Acti®n Items AREA GEVELDPM ENT PLAN 7. Economic Development Foster an environment for economic development that attracts new businesses, increases employment, and revitalizes or enhances existing commercial and industrial areas. z High-Ranking Action Items by Importance 8 Somewhat 89"'0' Attract and incentivize investment and jvb Important creation in the west side area. t � 85� Expand water and wastewater infrastructure to i undeveloped areas of the westside district 82 Support public markets and along accessible 31% routes. Important 59% 809E Help provide resources to small businesses. Very Important OVERALL, 98%,SAY ITS IMPORTANT TOTAL RESPONOE&150 26 'No sumeytakere eeleoted'No Opinion'as a meponee Public Investment Initiatives Public Investment Initiatives 1 Wow, Ilk. ti Public 1m 0msnl tnitlativ Lonp-Term P.1—ts "'Ith'M Safety Imp in m --ParNa antl Trails �`y9 -�\ treat Ompmreman s W lees6 imikry C rpus Ch-b City Limits s ' yLJ«, vN.-t/ Data cdkclza June mlY SHORT-TERM (1-5 YEARS) MID-TERM (6-10 YEARS) LONG-TERM (10+ YEARS) z8 Recommendati®n 0Westside AREA DEVELOPMENT PLAN ❑ Staff recommends adoption - --- --- -LI Project Project Advisory Committee �{ recommends adoption ❑ Planning Commission recommends adoption Visit the Project Website at CreatingCC.com/Westside �u �u �u W'', 29 ,mus cx 00 a� �h AGENDA MEMORANDUM �ORPO0.P��'0 Public Hearing and First Reading Ordinance for City Council on 12/20/2022 N zss2 Second Reading Ordinance for City Council 01/10/2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymonda-cctexas.com (361) 826-3575 Approval of a Water Arterial Transmission and Grid Main Construction Reimbursement Agreement; appropriating future trust fund revenues for Cypress Point, LLC to construct a proposed water arterial transmission grid main required for a residential subdivision located at FM 2444 and CR 43, otherwise known as Caroline's Heights Unit 1 CAPTION: Ordinance authorizing a Water Arterial Transmission Grid Main Construction Reimbursement Agreement ("Agreement') up to $471,488.10 with Cypress Point Capital, LLC ("Developer") to construct a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $471,488.10 to reimburse the developer in accordance with the agreement. SUMMARY: Cypress Point Capital, LLC is required to install 3,153 linear feet of 12-inch PVC pipe waterline to extend and provide adequate water for a proposed residential subdivision at FM2444 and CR43, otherwise known as Caroline's Heights Unit 1. The proposed subdivision will include 29 single- family homes on 18.72 acres, additionally, the extension of the waterline will open an additional 838.93 acres for immediate development. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.C, if the water arterial transmission and grid main systems are not in place when required for development, the developer may install that portion themselves to meet the Water Distribution System Standards, Water Transmission Master Plan, and Fire Suppression Rating Schedule. Under Section 8.5.1.C.B,the developer may be reimbursed from funds available from the Water Arterial Transmission and Grid Main Trust Fund for the portion installed by the developer, up to a maximum of that which is required to meet standards. Developer, Cypress Point Capital, LLC, has requested a reimbursement agreement for a required water arterial transmission and grid main to supply a planned residential subdivision located on FM2444 and CR43, otherwise known as Caroline's Heights Unit 1, with adequate water. Caroline's Heights Unit 1 Plat was first approved by Planning Commission on November 10, 2021, and extended on May 5, 2022, and October 05, 2022. The extension consists of installing 3,153 linear feet of 12-inch PVC water line to supply water to the proposed development. Allowable reimbursement totals $484,907.78 with a credit for acreage fees of$13,459.68 with construction required within 24 months. The project is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust per UDC Section 8.5.1.C. Water line extension will tie into the 12- inch water line that runs east to west on Staples Street (FM 2444) and is consistent with Water Distribution System Standards, Water Transmission Master Plan, and Fire Suppression Rating Schedule. ALTERNATIVE: This project will facilitate development in the area and conforms to UDC and City requirements for reimbursement. An alternative to utilizing trust funds for reimbursement would be to construct the improvements with a city-initiated CIP project or fund the project out of the current public works budget. Any alternative to the trust fund reimbursement agreement will ultimately cause delays in construction and increased costs to the City; thus, delaying development in this area. FISCAL IMPACT: The total estimated project cost for the Water Arterial Transmission and Grid Main Construction is $484,907.78, less the $13,459.68 lot/acreage fee credit, and the maximum allowable reimbursement is $471,448.10. Future revenues of the trust funds will be appropriated totaling $471,448.10 as allowed per UDC. If approved by Council, updated trust fund balances would be ($631,670.64) after the project is obligated. Positive balances shown are to be transferred to fund River Ridge Unit 4 and Kings Landing Unit 2 agreements. Water Arterial Water Distribution Sanitary Sewer Sanitary Sewer Transmission& Main Trust Trunk System Collection Line Grid Main Trust Trust Trust Funds Available (As Of 10.31.2022) $ 339,257.94 $ 6,110.86 $ 4,419,435.72 $ 326,599.78 Appropriated Funds Not Yet Expended (Includes Current Item) $ (841,305.46) $ (833.66) $ (4,560,279.27) $ (320,656.55) Balance After Appropriations $ (502,047.52) $ 5,277.20 $ (140,843.55) $ 5,943.23 FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.1.C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Presentation Location Map Ordinance authorizing a Water Arterial Transmission Grid Main Construction Reimbursement Agreement ("Agreement") up to $471,488.10 with Cypress Point Capital, LLC ("Developer") to construct a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $471,488.10 to reimburse the developer in accordance with the agreement. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 10, 2021 , to develop a tract of land, approximately 18.72 acres known as Caroline's Heights Unit 1 ; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1 .C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Water Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 . The City Manager or designee is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with Cypress Point, LLC ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Caroline's Heights Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Mains Trust Fund, Wastewater Trunk System Trust Fund, and Wastewater Collection Line Trust Fund to the Water Arterial Transmission and Grid Main Trust Fund in accordance with the priority established by UDC 8.5.1 .C.1 .d, 8.5.1 .C.2.d, 8.5.2.E.1 .d, and 8.5.2.E.2.d until $471,448.10 is appropriated from the No. 4030-21805-777 Water Arterial Transmission and Grid Main Trust Fund in accordance with Section 8 of this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $471 ,448.10 from the No. 4030-21805-777 Water Arterial Transmission and Grid Main Trust Fund as funds become available to reimburse the Developer for the construction of a water arterial transmission and grid main in accordance with the Agreement. SECTION 5. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Cypress Point Capital, LLC ("Developer/Owner"), a Texas Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 10, 2021. Plat to develop a tract of land, to wit approximately 18,720 acres known as Caroline's Heights Unit 1, in Corpus Christi Texas as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid Main Extension ("Grid Main Extension"). WHEREAS, it is in the best interests of the City to have the Grid Main Extension on be constructed to its ultimate capacity under the City's applicable Master Plan. WHEREAS, Section 8.5.1.c. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs of extending a Grid Main Extension as show in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose, and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's, assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Grid Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws,; codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Grid Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: WATER ITEMS QUANTITY UNIT 1 12"PVCP1PE 3153 LF 2 12"CAP TAPPED FOR 2" 2 EA 3 12"TEE 8 EA 4 12"GATE VALVE WJBOX 7 EA 5 12"EL,ANY ANGLE 4 EA 6 FIRE HYDRANTASSEMBLY 5 EA 7 116,DIA X 30"PVC PIPE NIPPLE 15 EA 8 IV 900 EL 4 EA 9 6"GATE VALVE w BOX 5 EA b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Grid Main Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Grid Main Extension, under the approved plans and specifications, within 24 months of the approval of this Agreement by City Council. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 12 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the project, under the approved plans and specifications, on or before 24 months of the approval of this Agreement by City Council. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 10. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period")to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 12 d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 11. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 12. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 12 i 1. If to the Developer/Owner: Cypress Point Capital, LLC 61 Bare Le Doc Corpus Christi,TX 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 13. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Collection Line, contracts for testing services, and contracts with the contractor for the construction of the Collection Line must provide that the City is a third-party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, the Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, Including the area code, of the surety company to which any notice of claim should be sent; or WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 12 (2)the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Grid Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT. a. The cost for the Grid Main Extension less $13,459.68 lot/acreage fee credit is $471,448.10. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer the reasonable actual cost of the Grid Main Extension up to an amount not to exceed $471,448.10 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City agrees to reimburse the Developer/Owner monthly upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 12 j i I i i ' I e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. I All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC§8.5.1.C. 18. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out.of or be in any.manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT I Page 7 of-lie I i I ' attorney's fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of .response action taken with respect to any hazardous substance on or under the i. property regardless of whether that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. i 20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to j this Agreement as Exhibit 5. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT I Page 8 of 12 I i i i I 21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 22. DEDICATION OF COLLECTION LINE. i Upon completion of the construction, dedication of Grid Main Extension will be subject to City inspection and approval. 23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a"controlling interest" in the entity,which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 1 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than-four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htmi. i I 24. CONFLICT OF INTEREST Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index I 25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. I I i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 of 12 I � i i Remainder of page intentionally left blank; signature page to follow. i I i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT j Page 10 of 12 ! i I EXECUTED IN ONE ORIGINAL this day of , 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development.Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by Albert J. Raymond III, Director of Development Service for the City of Corpus Christi, Texas. Notary Public's Signature Approved to Legal Form: Buck Brice Assistant City Attorney WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 11 of 12 DEVELOPER/OWNER: Cypress Point Capital, LLC 61 Bare Le Doc Corpus Christi,TX 78414 By: George Shaheen Manager STATE OF TEXAS § COUNTY OF VVJLV/� § This instrument was acknowledged before me onI 2022, by George Shaheen, manager, on behalf of Cypress Point Capital, LLC. BETTY DEREESE otar ublic's Signature Notary ID X4751441 ^9 My Commission Expires rFort�p June 2, 2023 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT i Page 12 of 12 I N� EXHIBIT 1 %m m X.1W_llwzaTM w11 ZI.M.TME w�YI Fw NWwW M.O TM=s° ��D D x WA�•ND N� _ND�ES xDan WD,. u wRp E Wpm w„a �N n�D� °Y «x sr P A rN BtS4 OC EGAIxG3 6 THE SNtE CP ISYS VYBmF tli10,wIIM ,xen tv6l. 4 RwOPV:N pEXF1OPYEM PERWr vnLLeEO REOUNFv FOR EMs w 1xE itmDPUw uio e[e.PPxwm wU v Nu A ar nv uxtt FEnevavx enua. az O iH - P° -TN fORmi�EGown¢u Aso.-O E'OOEaF W P-v I r ZE sUe1ER sOE is va lcrEv ni rFw NAP 4xiRmD52DG sAuvcv REw..Fn�AND 2CxE R u+EAs txE PYSEW'M of VD61Y UNm WOxv!EXE PO+n WVM of vuT sw1E wxronu wnx LxE xu[cm Pti QUAL IJL°EARP°As00I Se OF �xW1LE°XaVNCE�xrfxRwO W n00 E mOP tE55 i �ftMYNWA 1 OF Ynlflr IIxE FIL61116 fY11WN I.—Nexr OF WAY.(fOLLcw cw.P�[n f CWv69r sfiEE15 AmxEESE MRN2ASNIHDNN�w E BmN°NwEAEfOFmOREGET°OM5 XOi Ut MVo1°RGH"NCE hOW N:p hV A4FA OF ZONE ID(OCPIx nWl t�. 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F—s.aEYs atEnwFD w ixs DEVE�NPua7. em pemRE uE m cEnRGF swupxx,uwG:xo vexwEx OF a-°s µu wmam+ e" � mxsmurnpx xRrEYprt wnx xuEem ewxn eu wPRChYENis SWw.EE GV^rteL rxE PPOPmvm�s v�Ep EW°NaaE TOR ENURING 11Ni AW FRorosm oNs ox CouW59pNFFs EOVM moN v of rx°5=IUPvamaENrs aF ixE NUECEs covim ras rN:_wr of 20� ERrc wnE couPcr wm't4 cFR 9n lENW 7rA FOOM Toa r�¢sran:vF TENas �mr%� Ol amo�C(AxaERwx Ermc srnEus mEonm tFu nn.w s Nor BE wcROuxm. is xO cEs rAVYDR.� s. IEr Dw-1 AuowEn Pm Em. nas DF iEcAs A. 14. mrs 5 o wOvmDEv. S rxAr niE mi Fac¢ ovR EIAMnONs sW11 BE 1R INONES MWOIUY ARprE txE Swffl CEHRRONE rxE emPUs exam-NeECEsouµxn/NTH STA & PURYC NENn1 ENGINEER mu aF nuESEs1 a Wr IF 4a xE S.—I. m I. pD� rx�q aLLVO axg6-rxAw o�Anrtw+s TM°�.0 O FIOE ar A cvurnr or... 6 °Y' eY txE oEPAanENr M L___J� °iYIl9eMFM SERAC6°FINE em of w4Pu5 pEN10WP�rSER1IX5 FHtlNFFA A Rew cw F E5 A o,tE W.ixE_DAY IF RE zp� s� SITE �IIIFc_ IF I— orD�mrs er mE Pw,x,x®FOOIF—�. .1—ON eFxas OF n¢cm of NrA DF G N ,NIN,xEF a 0_ d saE F a wDN„ IF Nom o E NapN u.wEuxmOn UZ ,Rmmmm PRauscxu w:D a:RVEraR DF Y.sF n wEtw ENGwm+Ixa _ _ I. wrnTMEDnr �wmNWnDxD FmsoDxwaXwwx xRDaNG L❑CATION MAP EAEpF u IF I- 6 1'=1500' I. s.NDs.C—w rxE wuNrc cwRr w AVD FON wD wI-w xEupr uxnro iNAr rxE cmDnr s orIF um�ExnuTo"•WAsAT Dun x�u,rr°Dior OEGONom.xE a DGF m u vuem u w rx_rA.P N�wxDN Nr NNND AVD sau IF rN COmum 11 Avp roa.10.—AT INFIl ix 111—clwml, -MINIMUM FINISHED FLDOR PLAT OF NVmEg�,NF,,rE,�,rxEnerAND, R�rwN�Ex. . F EV�ATINNS . NINENW Fix15xLD FEppR EIEYAiEa�F®t PLL APPROVED PLAT CAROLINE'S HEIGHTS UNIT 1 Ivlofzoz� D n Ds.aW 6RN1-T P�r7N6 ElEv}I,FS r si xim PSE TRi�tiAGE coU E PLANNING COMMISSION DEs«EP , u,xaP s°rR ff'En"�"voc.mxd.rmrswsa+'v:°oArPEciK°�Evs"'eiue°eEi en Nrr eouRr -- — ---R - r - - - NUECES -COUNTY, TEXAS - BASS & WELSH ENGINEERING "6D5g*'S"°Drz, 1%SURNEY PEG.ND 10002I' 1%ENGINEERING •.ED' REO.N6._2.1054 5.AL EOA STREET, L SCAIp IN. G FM O FOI —78466 SNEr.-0 �ar sDE,DDc.w xx,na .2.,m.�,�c �t EXHIBIT 7 BENCHMARKS ` N89'11'20'E 877.72' s)aPtEs sr IT. ameaERsi / tEn D0. 15 VE tCe.00 _a00— �vacV— Ioc.ar— ------2Dz 2)' � R is ———— -1 ' I � � ¢ m R' u . 9a.sF APPROVE lo2o21 D PLAN i N � /f/ I II as PLANNING COMMISSION Mm a Qom_ �Sc9•tt:➢. D�,.99—i➢�'-- ---- �3 ,d i HIGH STREET —�— Txe9•it•eA se se sis _ _ _ _ a \�\% s a2" --- ¢s# i iiia I Im o i sF ♦� 1 m 'w' ----- ----- r-- �'^---- -----IJ I� «L1-- �;------- - -- N z t21.�' ,DUE ,16 Do . ,1Dm• ---�•— IW `_ � — 1�� sUJ w aItn�� � ----°uc----- --e9•>r>'m•c t I§ yl §n---HT ,vT)z---� CT Z/�� ( ¢3➢a3# ¢3+20 SF r 1 ,I O2o 44R m ^`'�rc�)II^q- `\�I~�� JIS�III � su9•IlE'i290'4]SF �O OC➢R�V.9F0.'D0DN¢+ T- 01 Sb 0I' +cT5P• i9].>¢Y CH=1DSTle DB Y 2LYR I I oRl+. �' OuveL W,s5 —i, I Iml Te➢0.�. ----- --- — ---- ` ----- ---- --- 6DD=— —�¢9 EOY�Y° ---- ----- O3D•� of I -- �� Oa. DD DD• Oti6D 1S� T 1 (^ hHIGHH ETREEE�l ' „ -1�+-�. E`ce'ue4at v �i DTE pTE Ex# Ope D3D Y e+D9# E,D ms Dt6# 9e# mySy ¢ ,-m. I ��36 ;<•1•xD• RONIm b v` `¢1�6es!u➢'DD' V— M © i PLAT OF ----- ----- '----- ----- ----- ——— ------ -----� CAROLINE'S HEIGHTS UNIT 1 f n ar D'E ,Dear tDaTA' 1D3.DD 9,.¢9' — -Se9.11'-20'v 877.72' m NUECES COUNTY; TEXAS — I i� "m^enrEAc c r�3),w �,xiD3Dazs. d BASS & WELSH ENGINEERING "➢� SURVEY PEC.ND 10002]-OD.T%ENGWEERINGw�ta�. T _ REG HCORPUSECHR6i1.TF]4EJ040A�E� 9CE]sEe�E EXHIBIT 2 APPLICATION FOR WATER LINE CREDIT We,Cypress Point Capital,LLC,61 Bar le Doc,Corpus Christi,Texas 78414,owners and developers of proposed Caroline's Heights Unit 1 subdivision,hereby apply for$13,459.68 credit towards the water acreage fee for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,907.78 is the construction cost,including 7.5%Engineering,Surveying,and Testing,as shown by the cost supporting documents attached herewith. LZGeorge Shaheen, resident (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me o)t 2021t,by George Shaheen,President of Cypress Point Capital,LLC,on behalf of f e said corporation. SpPY AVB BETTY DEREESE _ Notary ID#4751441 ®P My Commission Expires Notary ublic in and for Nueces County,Texas 9rE OF�4' June 2, 2023 CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$ is herewith approved. Development Services Engineer (Date) i i EXHIBIT 2 APPLICATION FOR WATER LINE REIMBURSEMENT We,Cypress Point Capital,LLC,61 Bar le Doc,Corpus Christi,Texas 78414,owners and developers of proposed Caroline's Heights Unit 1 subdivision,hereby request reimbursement of$471,448.10 for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,907.78 is the construction cost,including 7.5%Engineering,Surveying,and Testing in excess of the acreage fee,as shown by the cost supporting documents attached herewith. 0 George Shaheen, esident (Date) THE STATE OF TEXAS § COUNTY OF NUECES § IAN This instrument was acknowledged before me on ' 2021,by George Shaheen,President of Cypress Point Capital,LLC,on behalf of th aid corporation. BETTY DEREESE z Notary ID#4751441 �LA 9 4 J-1 My Commission Expires Notary P blic in and for Nueces County,Texas rfofz`' June 2, 2023 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a)Sufficiency of funds in the Grid Main Trust Fund,and (b)Appropriation and approval by the City Council. Development Services Engineer (Date) PVUC WHOWENEM78 TO EXHIBITS PRO vc.rrm.rwraar CAROUNE'S HEWTS MIT I MU CES couwv� TEXASla]ITE I N M shr= LUCATIDN MAP Mr.= aw.mvx Z== 7 SHEEP 1 COYER SHEET MD MISCELLANEOUS INFORMATION SHEET 2 PAVING.GGADWG AND OMWE PLAN AND PROPLE CALL BEMRE.YO�DIGI Sl-3 TER PLAN cull� IH—4 OFPSITE WER PIM AND PROFILE ME SHEET 5 STORM NATER—ENDN 113-11 1. PLAN,STREET LIGHT FI-AN.STREET SIGN PLAN ME E—E SO— AMR- SHEET G T OT SIGN MOUNFNG EST—SNA.L ROADSIDE SIGNS TRA.—E.PEASE—1. SHM 7 ON CRORSWA PAVENENT—INGS MO STREET NAME .—E SIGN S—. SHEET a T DOT INPIM SIGN REQUIREMENTS,TSR(4)-I3 mnt Oir..m.¢aror¢,¢m.,m.,.rem Tea.we.a n-w..m.w mvr r..r.¢w m.a uv swan rmem rm��mu wamw� ���r�"1�u�®mar wa�n�aR i�"m�aa.nmwc�mX •�-gyyM6�• mm mn 11G WEISX EING—SING ME,UM U-5-M M RZ S102YUR WF. — MI ..LIG%lllEll%lN'Tl, _E T HEIGHTS_NUECEG C...T% COYER SIIEET MD MIS—OUS INFOR-14 EXHIBIT 3 nm.,,b� ..e, Dal;;Z BETAIL s �3. I I e �rm mi n x rn,.mwalee ------------ SII I� 1 .k m auPo pp� aT 'p'Qn 1.00 2.00 5.00 4.00 5.00 6.00 —0 A— ".A —A. II... 12.00 15.00 1N.Oo Is.00 A— V.Oo IB.00� '�4u a 25 25 �r _____ _ ____ _ ____oox ____ _____________ __________ _________ _______ L ` __ ___ 20 e l•l 113 ® P _ _ ® IS 2 5.00 10.00 t3.00 k WELSH ENGINEEaiNN yt F 2S tt swim uc,xo. C ne eunrvm vnu _ vrs,uu ____ _____ ______________ PUBLIC IMPROVEMENTS TO _.__________ ____ __________ CAROLINE'S IEIOHTS UNIT i NUECES CO., T% PAVING—BIN.AND URAINASE PLAN AND PROFILE ,uwu.ana n,ynu,na ,ua.xa wr.vv.ziwr xv.�"m>bR° 4 PRePasrn Iz•Pvc vRT a EXHIBIT 3 �cGxRcx�so oN rGLEGvtxc sxE m q, � � APANOYED NR 13-00 I1 =IR ___�i 1' .00 ---- ' e m•momal JI � Iv I^ k (I Ile ILII I� � I la II I - � Ya I� O — FvcPvni�G ul I I � I I d o > ( LI----- — ------ ---------------------------- B —1—�r-->•xJ w -_ PRGPosEu I 4.1 vnTEFuc © I III I I I _____ _ _t`:67, - PREPGSEn I� ' v PVC VAiER O ' 1 t xzw�Cxdw_.v. o �o no' teo• --yyyy{- O_ -----------—_____ ____ _________ ____J rn•W4yp�� `�s r<a®� 1891x.Gi.arms,.�c °' tale/1t swsmo-. +PUO.IC IMPRGVEMENTS TO CPR S HEIGHTS xNIT 1 GLINtIECES C6,T% EXHIBIT 3 N (CM 2444), 130' ROW aw.w.r'rs nnlna o� wm� n.��,e• i ®rs.... T\ view P12�O1f_-—_- 1 R PVCWATER CP3SE➢]2' ra•� i. ��wriw \—.....E➢wre w, �meme..oc v� P •••" rv..m rm�wanurwl PVL VATER ,zw.mAw v,nm ie w. Hors w.� NO V TER 1 I ,w.wvm mn.w.e w,�ca on.w muwxn,nc I PYCYATERI� lr I 25 C SrGG t0+0U •ZU4 IIGnto nw,nxEn ao..+wn..,ue 25-00 — 23*GG I ____________ _________________ �N 20 I `�o I rA I I ,y4_.:yrr j� I PV°cPVfsiTER12 em we rn � I vx ..,oe. 2A55&WEL9N,ENGINExERINIG FVL NP9'l I'0' ism " Pft B INE S I-EIGNILII T SUN T _____ _____ ' —__ CAROLINE t81ECES CO ST% i .._ ' `� O • ' r .I.sw OEESITE vPTER PLAN `PP — -----, — EXHIBIT �. � w[vf•xttGNnyOEi ------ ----- ROM iF r'li i� ©, •� -- �i I i .g i , s� �°m' � :E.rr,Er,.A.,GN.�.a.rr,.K„� �g,sr»a�,®v a R I a O. 1 I 1 1jl dIb - IL_ r . , r --------------- --------------------------- .�r. ...,..w.,. .vim ...�..,r.. yn r _________ - . S89'Inc20a x.owur..c ralrR/Rf •fPUBLIC IH?NUVEHENTS TO -- - - - CAR LINE'S HEIGHTS UNIT'I '- —CES CO..T STCRH—ERPOLLUTION PREVENTION PLAN,STREET LIGHT PLAN,STREET SIGN PLAN ANG ESTIMATE SUHHARY Turn n4. TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS EXHIBIT 3 xrt �bP aaau arzv $� NOTE row�m+.a�.rs..a s°im w,. rw,w eros �vu as i_wtww �• dare ore o-ioun savlun oppravea �.epn,a.m'�I w�tm,ln��rola n iwi�'mnmsiaa� fL<*N 7'lo Iw Sl ipboae SYafr �Eb �°� Please referenab the Yater lot Pro0lser mdgwctw r. Liat far am-aYea bl ID Dobe BYbfbms. rwul rsiSv a a,�reyia,� ra iwum� s ® ® ®s ratpi/t—ft'ot.ppv/banitana/PrWumr_I ist.Dtm bi0am ns.gym.,.i.�nn1„ mt�� �! its sleYlaes ehDll De Instal Id per morulmtu•xb'rommenaotlou y.�Mto jr.r�uy.'r°�r iaei'ro sees �kj , �� Inbtaltatim proviEr,~ w b fibolt De �[E sbd to its],o E'sr,pineer DY Contractor. �mgv�.¢i.ire.sn.`�ro:sremer un se�s�usp.rani !�b s° q � .mAo-ro-l_I.e�aaa�.sw;swlw v,tw.nb w,s_I.n an�� I IR. w n sue.. smr.pe fro roU_Iq O LL . _ _ ma rs.l..sMgm.Mntt.rap.I is ms.v gSg�a me �awmr.® �b eIa_.w_.e. i°ro�eaul.c_,vs.n Via..a wo.m�m.r mtassamlro m.t,�nn T�w,mn� °:a m�i%.Mme v"raI l mmyK a •• °° w+wlMaae a�aiiam°�•nom..s.t_t._In°v..,tae�me 1._.io+°m ns._..s..mn,r®.a vs n.r aA.w iwa.n . .I .me,w ,m mi°"�me nnwa'vii ne'o ue ae v w sw�n mu�nun.ms .1.®a�r m..e m nm+rx.. °"""'6A nw�.wxeetwx sw snl¢Iv Ts v CONCRETE ANCHOR gnl.u.r sn• ro a, :nabK m e-mimiv T Ogn11(mtYsf Trarslnl�bn SIGN MOUNTING DETAILS ••• � °°', ,', SMALL ROADSIDE SIGNS •'..�.�'...,.••rao.•,.°,o• ,,;^;,�°jam",TM„� TRIANGULAR SLIPBASE SYSTEM �_w. . rwr. SW(SL IP-II-08 AND WELSH ENGINEER'. CIUILINE'SPfN1ElCsab UNIT 1 DDOT SIGs UDUNnNCOEiNLS:Sulu amE aIGYS lR1ANGUIPR bl1P CROSSWALK PAVEMENT MARKINGS STREET NAME BLADE SIGN F�Ws EXHIBIT 8 AVD CRDSSWAD(TME ]• �gl- =1-= �•muD wxDE SNP OARUNFDURkR mYW7 11 m � Name I lb000r 0:NT PIMJNC 1ALK BA41—=NDACBAY NGIE snim IDENmrADON sola w 1NERE IOGTDXJ NOTES: �E TY� y i.NpPG�g F,E BUD6D yBmHY IEy�q µF�lpgEY�fAIp�NGS�rySUNgU}L F FALX MFKWLII 6E CTHE�.M�Al9®I.Y�T16FLE lL91MYf SIR T NUfE BIALES 9V110N WNE PIANC q 2 W6Sft 6@l FAD@ OF iXE SdQI RMUE 5 A➢PLIGHLE TO IlL f' y a SCALE N.T.S. � 25 Ntl by J.PFPVLELFM NC (OF 5'pa YF£.f h)i1 TELLlS YANWL DF UINFD(JR TMFFlC BTU �4 C OEiWiC�.AND tX0(R SffJUY.AOS. N NAATIJN A. O PAVEYEM fiMmE BroRcuExn iHEWI o SroP1FNfl OF Z' NOTES: �os�L'uK v a f. S@P R�pN}ppI)pHJD CRyDSSAYNf PyA�4HFI1�IEEN�iT�HYAANINGS 9�V1}1�9E 4'SdID WNIIF� ♦ SIIC) C CHGTT M NGT.iPPPLIFD.12R NII.PflkBFO 1HEiLUOPVSNCE 9�5 a�,p-0�,c ITTP ®0 ti 2'G OAa ZAP DP C�NEAT�AW� 11HE PIASOIE!!f pOPF ANRYPg��PNgi�6591�f n'�W .4.�p�'AwyF@PopA'}AYtEP{P�IOR 111 � 1NEAYO AT�}E CPIIEKA OF iNE RGEPNAIr SMD THER'4'%THEM E�E pp®®®® D K� 32 2 1` �.DP GF Wf9 NOS 4..NOf Sf�E SfXRET 1"DM RNIIMAY 411ffAt£IFMPFPANRE 164 64F. 4 ti $g a �°D" nlo"IfLww Ami us. OA°� M. TM IK TM0.'ADSiiuu�aFsux,Ex1 xTRMrIcaLE IFo n� urLCD} V LONGITUDINAL CROSSWALK—MAIL W BVtK ORDaWAuc FOR ASPHALT ROADWAYS—SCALE:N.T,S. Z¢ e sclm WHRE stop eA4 L____�P'uFOR m�Tx '� "}11L �� HEfO4YE0 iHWPVSii y NARTALY♦'PAYEYFM pp�� �ry�[�gpq-ANK S !?EIYIEFti ECCE OF BA4�E C HEAT b➢PUm, 4f. SNP BA4 ANO T 4'. o OROaxO1K OAP 'ItIERNCPUsnc)�� SCHOOL ZONE DETAIL g m FOR ASPHALT ROADWAYS--SCALE..N.T.S. d 7 u1CLQtlPV�'Dm c�FA�iPauE'�n a p In u�Nl P�ratn�Ed A�a� 2 YAINAw LI'FROM UP OF LUIS 1 !I9 TO CRJSSYAL(PM mNtwfFNiC TIM w PL.C/56�10' a � �aa,la onv„ HIGH CONTRAST CROSSWALK-DETAIL HIGH CONTRAST SCHOOL ZONE BAR-DETAIL FOR CONCRETE ROADWAYS-SCALE:N.T.S: FOR CONCRETE ROADWAYS-SCALE N.T.S. L1TL'RttUECf/ BASB PNO WEtSM ENGIN�EPivC PUBLIC IMPROVEMENTS TO CAFOLINE'S MFJGH.UNrt 1 "' CORPUS CHRaD.NUECES CO..T% ROSSWANt PAVEMENT NARK STREET NAME BLADE SIGN DETAltS yam_ APPROVED REQUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND REGULATORY SIGNS REGULATORY SIGNS GENERAL NOTES EXHIBIT 3 (STOP.YIELD.DO NOT ENTER AND (EXCLUDING STOP. YIELD, DO NOT ENTER AND Rnt x"..armim°smax a:io m°° i '� I6 WRONG RAY SIGNS$ IRONG WAY SIGHS) cm• m w R,on i o r [ S� z.slRx i.lnm nail�...i.r.envi xi>..1 u.lxiu..nm Rwi ` S,vercx xlywy umm�+4 0.0.1./noa s r,. TIELO STOP � IV E s oD NOT WRONG �3 = EO WAY TYPICAL EXAWLES P)F REWIREVENTS FOR F-R B1 E6 SPECIFIC SIGNS ONLY Eft SIZEr116 ATERIAL 46 F �vmIREYF�xrE.sveer,xa SNE[TIM REWIRGRNTs iEN[LL uEIIGEF—® xEv oIIr.cnPx�o m1 e m a.111,xF ALM"SIGN SLANRS Tx11CI0O55 h Sxii[ �[USw�eamcu REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS Uoaa.,xm,5 0. X10. -¢£ PEPAR}iXNILL WIFRILL SPEGIYIN} Itlrs SCHOOL - SPEED y; O LIMIT Jj�anL Ys.wms oa-a5m XY 20 FAVI m.wa"roM si po o[ow r>i.w Tsxml mR.xwlx. �rnprA.n..oaPLRR.i TYPICAL EXAWLES TYPICAL EXAWLES S,EETIW REWIRMNTS I.E11NG REOIIRESENTS +>Sq+,M�nioTPvnpm<Rm s[GN FAGF W1FA[IIL siGN FACE WTER[u a«RRo o G asttx x E SxE TYPICAL SIGN REQUIREMENTS { LESL,O.soRo1R5 TPE a„m�SxE �'•r. s aRRaE wnrc RN-R FLEGi1 Ew TSR(4)-13 P vzm S. .n �x&55 AND WFtSH ENGIN�ERI�NG�� PUULIC OIYPTO - -- HEIGHTS UNIT UNIT t HVECES ECO.,T% REWiREY x i NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 EXHIBIT 4 15039-PCE-12" 11/04/2021 CAROLINE'S HEIGHTS REIMBURSEMENT COST ESTIMATE 12"GRID MAIN WATER IMPROVEMENTS REIMBURSABLE BY CITY WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 3153 LF 90.00 283,770.00 2 12"CAP TAPPED FOR 2" 2 EA 3,500.00 7,000.00 3 12"TEE 8 EA 2,000.00 16,000.00 4 12"GATE VALVE W/BOX 7 EA 5,000.00 35,000:00 5 12"EL,ANY ANGLE 4 EA 1,200.00 4,800.00 6 FIRE HYDRANT ASSEMBLY 5 EA 7,000.00 35,000.00 7 6"DIA X 30"PVC PIPE NIPPLE 15 EA 800.00 12,000:00 8 6"90°EL 4 EA 1,000.00 4,000.00 9 6"GATE VALVE W/BOX 5 EA 2,500.00 12,500.00 SUBTOTAL 410,070.00 F ���t� OF TF,� ..,, 10%CONTINGINCIES 41,007.00 **•.� * SUBTOTAL $451,077.00 r N oti M.WELSH. 7.5%ENGINEERING,SURVEYING&TESTING 33.830.78 SUBTOTAL A $484,907.78 LESS WATER AGREAGE FEE,18.72 AC @$719/AC -13.459.68 TOTAL AMMOUNT REIMBURSABLE $471,448110 I I I i Page 1 of 1 DocuSign Envelope ID:24303BAE-26BD-4AOD-9 180-1 EA243127E79 EXHIBIT 5 • w DISCLOSURE OF INTERESTS Development Services Department. 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable,! answer with"NA". NAME: Cypress Point Capital LLC STREET: 61 Bar Le DOC CITY: Corpus Christi Texas ZIP: 78414 FIRM is: ❑■ Corporation ❑ Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Job Title and City Department(if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest';' constituting 3%or more of the ownership in the above named "firm". Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee None 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant None CERTIFICATE (To Be Notarized) I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted t'o the City of Corpus Christi,Texas as changes occur. Certifying Person: George Shaheen Title: Managing Member Docublonud by, (Print) Signature of Certifying Person: F Date: Dec. 22, 2021 T58i'Ba[32299iEd5... Land Development Division I Form No.4011 Revised 6/13/19'1 Page 1 of 2 i DocuSign Envelope ID:24303BAE-26BD-4AOD-9180-1 EA243127E79 DEFINITIONS EXHIBIT 5 Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 i Phone:361.826.3240 i platopplication@cctexas.com a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in'the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture; receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. I i i i I Land Development Division I Form No.4011 Revised 6/13/19 1 Page 2 of 2 Water Arterial Transmission & Grid Main Reimbursement Agreement Purpose of this ordinance is to enter into a reimbursement agreement with Cypress Point Capital, LLC for the construction of a 12-inch waterline required for the proposed residential development known as Caroline's Heights Unit 1 and appropriating future trust fund revenues of $471,488.10 to fund the agreement. City Council December 20, 2022 .��, The Promenade I f »� Tie into - ®AI of ks SYa iA o °I Waterline Termination Point of New Waterline Swan Village Phase 1 Location Map . �.•� -•'",.FM 2949 f N The proposed Caroline's Heights Unit 1 subdivision �- ' will be located off PROPOSED CAROLINE HEIGHTS UNIT, #_a-,W--- FM 2444 on CR 43 l as depicted in RED. Trust Fund Balance Available Combined Trust Funds Balance as of 10/31/2022 as reported by Finance is: ($ 160,222.54) Individual Trust Fund balance break down: FUND 4030 FUND 4220 Water Arterial Water Distribution Main Wastewater Trunk Wastewater Collection Transmission &Grid Trust System Trust Line Trust Main Trust ($30,599.42) $5,277.20 ($140,843.55) $5,943.23 *Positive balances shown are to be transferred to fund River Ridge Unit 4 and Kings Landing Unit 2 Agreements Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5.1.C. FM 2444 46 M 'M U .F.., k * t r � A r 0 5001,000 Date Created:12/20/2021 Feet Prepared By:ReyR Department of Development-Services o,Q`rTo o �N N PROPOSED CAROLINE'S —FM-2444 HEIGHTS UNIT 1 N SUBJECT PROPERTY N ■_■►1■ w Map Scale: 1:5,000 s Cityf Corpus LOCATION MAP Christi se o H U NIORPORpI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting January 24, 2023 DATE: January 24, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, PE, Director of Public Works E rnestod2(a)cctexas.com (361) 826-1677 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Emergency Spill Response and Remediation Services for the Public Works Department CAPTION: Motion authorizing a three-year service agreement with Miller Environmental Services, LLC, of Corpus Christi, for an amount not to exceed $136,900.00, for emergency spill response and remediation services for the Public Works Department with FY 2023 funding of $45,635.00 from the Storm Water Fund. SUMMARY: Motion authorizing a three-year service agreement with Miller Environmental Services, LLC of Corpus Christi, Texas, to provide initial emergency response to environmental incidents in which the City is the responsible party, or the responsible party is unknown. BACKGROUND AND FINDINGS: The Public Works Department oversees environmental impacts caused by and to City facilities and projects, including those which cause or discover impacted soil, air, groundwater as well as waters of the state. Mitigation and remediation actions require immediate response as well as notification to proper state environmental agencies. Past responses include the discovery of impacted soils and groundwater during public road construction, hydraulic fuel leaks from city vehicles, and the discovery of illegally dumped chemical drums, all are examples of situations where the city has had to respond swiftly to address the public health concern. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids process to obtain bids. The City received two bids and is recommending award to the lowest responsive, responsible bidder and incumbent Miller Environmental Services, LLC. of Corpus Christi. After a period of three-years, their labor cost has increased by 8% from $46 to $50 per hour. ALTERNATIVES: An alternative is to declare an emergency for procurement for each incident. The recommended action provides immediate response since the bid process has been completed and vendor is in place when needed. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of $45,635.00 to the Storm Water Fund, with the remaining balance of $91 ,265.00 to be budgeted in future years through the annual budget process. Funding Detail: Fund: 4300 Storm Water Fund Organization/Activity: 32006 SWO Environmental Services Mission Element: 063 Water quality monitoring Project # (CIP Only): N/A Account: 530000 Professional Services Amount: $45,635.00 RECOMMENDATION: Staff recommends approval of the three-year service agreement for emergency spill response and remediation services for Public Works with Miller Environmental Services, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tab City of Corpus Christi Bid Tabulation Procurement Division RFB # 4223 Sr. Buyer: Marco Lozano Emergency Spill Response and Remediation Services Miller Environmental Services, LLC Gainco Inc.- -Corpus Christi,Texas Portland,Texas Item Description UNIT 3�Year Unit Price Total Price Unit Price Total Price Labor Normal Hours, Monday to Friday 1 8:00 AM to 5:00 PM HRS 1,100 $ 50.00 $ 55,000.00 $ 205.00 $ 225,500.00 For Emergency Spill Response and Remediation Services Labor After Hours, (5:01 PM-7:59 2 AM), to include weekends and HRS 300 $ 75.00 $ 22,500.00 $ 230.00 $ 69,000.00 11holidays) Estimated Estimated Estimated Spend Mark Up(%) Spend+ Markup Mark Up(%) Spend+ Markup 3 Materials $7,500 20% $ 9,000.00 20% $ 9,000.00 4 Equipment $27,000 20% $ 32,400.00 20% $ 32,400.00 5 Subcontractor Allowance $15,000 20% $ 18,000.00 - 20%1 $ 18,000.00 Total $ 136,900.00 $ 353,900.00 DocuSign Envelope ID:56AC84D8-92CB-4375-B31 D-564AE007414F SC O �� SERVICE AGREEMENT NO. 4223 U Emergency Spill Response and Remediation Services NOOBPONpSEO 1852 THIS Emergency Spill Response and Remediation Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Miller Environmental Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency Spill Response and Remediation Services in response to Request for Bid/Proposal No. 4223 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Emergency Spill Response and Remediation Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed, from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-564AE007414F 3. Compensation and Payment. This Agreement is for an amount not to exceed $136,900.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Velma Pena Department: Public Works Phone: 361-826-1933 Email: VelmaP@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-564AE007414F may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5B4AE007414F 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30'" annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the some extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Velma Pena Title: Contract Funds Administrator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5B4AE007414F Phone: 361-826-1933 Fax: 361-826-1627 IF TO CONTRACTOR: Miller Environmental Services, LLC Attn: Brian Cox Title: Response Division Manager Address: 401 Navigation, Corpus Christi, Texas 78408 Phone: 361-289-9800 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29,2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5B4AE007414F (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal,Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-564AE007414F venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5B4AE007414F CONTRACTOR D...Signed by: Signature: °u"' Printed Name: Brian cox Title: Response Division Mgr. Date: 8/2/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l: RFB/RFP No. 4223 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5B4AE007414F ATTACHMENT A: SCOPE OF WORK •1832 1.1 General Requirements/Background Information The Contractor shall provide emergency spill response, remediation services for the Public Works Department, and the removal of contaminated absorbent from the Solid Waste Services Department, as outlined in this Scope of Work. 1.2 Scope of Work A. The Contractor shall provide all supervision, labor, transportation, tools, materials, and equipment necessary for the completion of these services. B. Service Requirements for the Contractor: I. Shall be able to provide specified services twenty-four hours a day, three hundred and sixty-five days per year, on an as needed basis. 2. Will receive work order requests by phone and must respond within 30 minutes of a call being placed by the Public Works Department. 3. Must be on site within two hours of a receipt of work order of a request for services. 4. Shall begin spill response and/or remediation within two hours of arrival on site unless otherwise approved by Public Works Department. 5. Must have a sufficient number of certified/trained personnel to fulfill work demands. 6. Will have the capability and capacity to respond to on-site, highway, in water, or on shoreline incidents. 7. Shall have facilities and equipment to meet the response time dictated in this scope of work. 8. Shall have the ability to mitigate spill incidents, for example gas, oil, sugar water and other types of spills. 9. Shall have multiple vacuum trucks available for immediate response to eliminate and/or mitigate pollutant loading and/or contamination to the Municipal Separate Storm Sewer System (MS4) and/or waters of the State. 10. Shall have the ability to perform hydro-excavation. 11 . Will have the capability to perform work in confined spaces and have the safety equipment and training required to support. 12. Must have the capability to collect analytical samples according to State standards. All samples taken shall have a copy sent to the City Contract Administrator or their Designee. 13. Shall have the capability and equipment to hydro-jet infrastructure lines blocked by a material or hazard. 14. Responsible for any or all decontamination of personnel and equipment. C. Spill remediation shall include any and all affected areas. Page 1 of 3 DocuSign Envelope ID:56AC84D8-92CB-4375-B31 D-5B4AE007414F D. All items used for spill response and remediation shall be free from the threat of cross contamination. E. The Contractor shall provide status updates to requester throughout the duration of the response. F. At time of completion of services, the Contractor shall report back to the requester. G. All response and remediation services provided shall be documented by the Contractor. A copy of the work order and invoice shall be provided to the City with the following information: • Work Order Number • Date • Site location/address • Description of response and/or remediation services provided • List of materials used • Quantity and Names of Crew Members • Log of timeline, from time of City request to departure from the scene. • Signature of on-site City Work Coordinator H. The Contractor shall provide follow up services in the event additional remediation is required. I. For the Solid Waste Services Department at 2525 Hygeia St. the Contractor shall provide the collection of contaminated absorbent that was used in the clean- up of small vehicle fluid and lubricants spills. The service entails the following: • Deliver 5 clean 55-gallon drums with sealable lids • Collect drums on an as needed basis • Collect drums within the week of call from City Staff • Swap dirty drums with clean drums • Replace drums that are damaged and that cannot contain absorbent • City Staff will contact Contractor when drums are ready to be collected. • Contact person will be Tai Apilado, 361-826-1975 or Michelle Chatman, 361-826-1613. 1.3 Invoicing A. All work will be invoiced and paid based on the contract pricing. All direct expenses incurred should be included and charged accordingly. The City will pay for labor, materials, and equipment used in the performance of the work as outlined on the contract pricing sheet. Labor will be paid at the blended rates shown for actual hours worked. Materials and equipment will be paid at actual costs plus allowed markup. Receipts are required. Subcontractors used will also be allowed if approved in Page 2 of 3 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5134AE007414F advance and will be compensated in the same manner as the Contractor. B. The following items shall not be billed to the City. 1. Heat Stress 2. Vest- Fluorescent 3. Hand Tools 4. Lifeline Rope 5. Gas Monitor 6. Tripod 7. Cell Phone 8. Flashlight 9. Portable Lighting Tower 10. Per Diem 11 . Other indirect costs to perform the work C. Invoices submitted without the required information will not be processed for payment until the Contractor provides the required information as follows: 1. Service Agreement Number 2. P.O. Number and Work Order Number 3. Service address 4. Description of service work 5. Itemized list of charges including labor rate, hours charged, etc. 6. Third Party Invoices, i.e., Equipment rental, if applicable 7. Name of authorizing City representative (on-site Work Coordinator. 1.4 Work Site and Conditions The work shall be performed at any location within the City of Corpus Christi's jurisdictional boundary and/or any location deemed affected by incidents occurring within the City of Corpus Christi's jurisdictional boundary, which shall include incidents occurring and/or threatening navigable waterways and/or waters of the state for which the City has the responsibility to protect through state issued permits. The work may be required on land, roadways, infrastructure, ditches, waterways, structures, objects, and other items that are determined to be affected by the incident. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements Page 3 of 3 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5B4AE007414F JT B - PRICE SHEET r" ���.�IirIL� se CITY OF CORPUS CHRISTI 0 CONTRACTS AND PROCUREMENT v BID FORM NeUBP NP{E 1852 RFB No. 4223 Emergency Spill Response and Remediation Services PAGE 1 OF 1 Date: 7-11-22 Miller Environmental services, LLC Docu5igned by: Brian Cox Authorized Brian Cox Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT 3 Year Unit Price Total Price Qty. 1 Labor Normal Hours, HRS 1,100 $ �;O,C)b $ 5510Oo - Monday to Friday- 8:00 AM to 5:00 PM For Emergency Spill Response and Remediation Services 2 Labor After Hours, HRS 300 $ -7 06 $ �1 06 (5:01 PM - 7:59 AM, to include weekends and holidays) Estimated Mark Up (%) Estimated Spend Spend+Markup 3 Materials $ 7,500 $ 2-e�ro $ y 4 Equipment 1 $ 27,000 $ w06 $ 5 Subcontractor Allowance 1 $ 15,000 $ v $ U0 , �� s Total $136,900.00 C DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-564AE00741417 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and p roperty required on all certificates or by Damage Per occurrence - applicable policy endorsements aggregate Commercial General Liability $1,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence (Including Cleanup and Remediation) Risk Review C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-564AE007414F II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5B4AE007414F E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations underthis agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds are required. 2021 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services-Services Performed Onsite - Pollution 05/10/2021 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID:56AC84D8-92CB-4375-B31D-5134AE007414F ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty applies to this Service Agreement. Page 1 of 1 se X111 a.� H U NCOgpOPPt EAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Drew Molly,P.E. Director - Water Systems and Support Services DrewM(a)cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Corpus Christi Water Logo Painting for Elevated and Ground Storage Tanks CAPTION: Motion authorizing a one-year service agreement with Viking Painting, LLC, of La Vista, Nebraska, for $212,500.00 to paint Corpus Christi Water's new logo on four water storage tanks, with FY 2023 funding from the Water 2023 Revenue Bonds Fund. SUMMARY: This motion authorizes a one-year service agreement with Viking Painting, LLC of La Vista, Nebraska for painting the new Corpus Christi Water (CCW) logo on three elevated storage tanks and one ground storage tank. BACKGROUND AND FINDINGS: Corpus Christi Water (CCW) recently unveiled a new logo as part of its rebranding strategy. This new logo will be painted on the following four locations: Coral Vine - 4201 Allamanda Dr. 78418, District 4; Holly Road - 4917 Holly Rd. 78411, District 3; Rand Morgan Elevated Storage Tank - 9365 Leopard St. 78409, District 1 ; and Staples Ground Storage Tank - 5501 CR 43 78415, District 5. The logo will let residents and visitors know that Corpus Christi Water is the water provider for 500,000 residents encompassing nineteen cities in seven counties. PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Proposal for CCW Logo Painting for Elevated and Ground Storage Tanks. Three firms submitted proposals. One firm did not meet the specifications. The two other firms were evaluated and interviewed according to the technical and evaluation criteria on the Request for Proposal. The selection committee was comprised of representatives from Corpus Christi Water. Each proposer was scored according to 1) firm's experience 2) team experience and identification, and 3) understanding of project scope 4) price. Staff recommended the award to Viking Painting, LLC. ALTERNATIVES: The alternatives would be 1) not to paint the logo on any of the storage tanks or 2) to go out for two separate bids - one for painting the logo on the three ESTs and one for painting the logo on the GST - but this option may be more costly and CCW intends to complete this project at the lowest possible cost. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY2023 is $212,500.00 from the Water Capital Fund. FUNDING DETAIL: Fund: Water 2023 Revenue Bonds (Fund 4486) Mission Element: 041 - Distribute Water Project: Elevated Water Storage Tanks — Citywide (Project No. E16290) Account: 530215 — Maintenance & Repairs - Contracted Activity: E16290-01-4486-EXP Amount: $212,500.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a service agreement, with Viking Painting, LLC, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 4320- CCW Logo Painting for Elevated and Ground Storage Tanks Cynthia Perez Proposal Evaluation BRZ Coatings, Blastco Texas, Viking Painting, Inc. Inc. LLC Minimum Qualifications SSPC QP 1 Certification Required seven years in Business No outstanding lawsuits during last 5 years Fail Pass Pass No material regulatory issues last five years References Provided for firm Local Preference 10points) 0 0 0 Technical Proposal Technical Proposal (50 points) 39 45 Experience on projects of similar scope and complexity (10 8.6 10 points) Demonstrated capability/capacity on comparable projects 7.6 10 (10 points) Past Performance and Reference Checks. (5 points) 4.6 5 The Contractor must have operated continuously for a minimum of seven years as an established firm in 5 5 providing coating/logo application services for ground and/or elevated water storage tanks. (5 points) Such experience must have been on a minimum of five projects within 100 miles of the Gulf Coast, completed during the existence of the business under the current 7.6 5.6 company name and original ownership. (10 points) The Contractor must be able to demonstrate experience through the submittal of a project portfolio that successfully documents the completion of the coating/logo application services of at least five ground or elevated 5.3 9.3 water tanks (minimum size of 1,000,000 gallons each). (10 points) Interview Interview (20 points) 0 12.33 20 Understanding of Project Scope (10 points)Demonstrated understanding of scope of services, 5.33 10 Demonstrated understanding and experience with similar service with a public agency Team Experience (10 points)ETeam members with experience and qualifications; Team members experience 7 10 with work of similar scope and complexity; Price 20points) 10 20 Tota 1 01 61.331 85.00 �f SERVICE AGREEMENT NO. 4320 Corpus Christi Water(CCW) Logo Painting for Elevated and RI Ground Storage Tanks THIS CCW Logo Painting for Elevated and Ground Storage Tanks Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Viking Painting, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide CCW Logo Painting for Elevated and Ground Storage Tanks in response to Request for Bid/Proposal No. 4320 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide CCW Logo Painting for Elevated and Ground Storage Tanks ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Periods)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party Service Agreement -CCW Logo Painting Page 1 of 8 3. Compensation and Payment. This Agreement is for an amount not to exceed $212,500.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: CCW Phone: (361) 826-1827 Email: DianaZ@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement-CCW Logo Painting Page 2 of 8 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that if has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement-CCW Logo Painting Page 3 of 8 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. "In performing the Services, the Contractor is permitted to enter into subcontracts or utilize the services of subcontractors. Contractor shall ensure that all subcontractors adhere to the requirements of this agreement, including the provisions that require obtaining and maintaining insurance coverages required by this agreement as well as providing proof of coverages to the City,as set forth in Section 5 of this agreement. Contractor shall remain responsible for the obligations and performance of the Services required to be provided and completed pursuant to this Agreement to the same degree as if the Contractor had performed and completed the Services." 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the some. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche-Garza Title: Contract/Funds Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone:(361)826-1827 Fax:(361) 826-4495 IF TO CONTRACTOR: Viking Painting, LLC Attn: John Snodgrass Title: Vice-President Address: 10905 Harrison Street, La Vista, Nebraska 68128 Page 4 of 8 Phone: (833) 847-8265 Service Agreement-CCW Logo Painting Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement-CCW Logo Painting Page 5 of 8 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority- A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement-CCW Logo Painting Page 6 of 8 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 7 of 8 CONTRACTOR Signature: Printed Name: JkN S►n Title: 1 L� 4e-S F C e,%. Date: �Z— CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 4320 Exhibit 2: Contractor's Bid/Proposal Response Approved as to form: Assistant City Attorney Date Service Agreement-CCW Logo Painting Page 8 of 8 Attachment A - Scope of Work I.I. General Requirements Corpus Christi Water (CCW) is looking for a qualified contractor to submit a proposal to paint the new CCW logo on the outside of four water storage tanks. 1.2. Scope of Work A. The Contractor must have operated continuously for a minimum of seven years as an established firm providing coating/logo application services for ground and/or elevated water storage tanks. B. The Contractor shall paint the new CCW logo on the outside of the following water storage tanks: Name and Type of Water Storage Tank Address Coral Vine Elevated Storage Tank* 14201 Allamanda Dr, Corpus Christi TX 78418 Holly Elevated Storage Tank 4917 Holly Rd, Corpus Christi TX 78411 Rand Morgan Elevated Storage Tank 9365 Leopard St, Corpus Christi TX 78409 Staples Ground Storage Tank 5501 County Road 43, Corpus Christi TX 78415 *Logo for Coral Vine EST is different than the other tanks C. The Contractor shall use the following color palette for the CCW logo: a. The logo will be coated with Tnemec Series 700 Hydroflon applied at 2.0 to 3.0 dry mils (color to match existing color on new logo design from approved color palette); only approved thinner, Tnemec 41-63 can be used; b. The Contractor shall consult with the Tnemec representative to color match from the approved color palette. t D. The Contractor shall be responsible for all labor, materials and equipment necessary to paint logos on the exterior of the elevated and ground storage tanks; E. The Contractor shall obtain and pay for all required permits; F. The Contractor shall comply with all state and federal regulations applicable to logo painting on water storage tanks. RFP Template 03/15/2022 G. The Contractor shall ensure that no spent cleaning debris, dust, overspray, paint droplets, or emissions of any kind, escape to the atmosphere, the base of the tank, or adjacent buildings, private property, work sites and parking lots. H. The Contractor shall provide a Safety Plan, Pollution Prevention Plan and Pollution Mitigation Plan to CCW Staff; I. The Contractor shall appropriately size the logos based on applicable tank characteristics including size and orientation, see Attachments for additional information: a. Tank that will have one logo painted on the exterior is the Rand Morgan EST; b. Tanks that will have two logos painted on the exterior are Coral Vine EST (*different than the other three tanks), Holly EST and Staples GST. �ratMe--- c " �� j J. The shall provide a warranty for their k o last 15-20 years. dt� K. The Contractor shall not subcontract the coating/logo application tasks but can hire a subcontractor in the event minor repairs are needed to complete the coating/logo application services. RFP Template 03/15/2022 l 1.3. Surface Preparation A. All surface preparation and painting shall conform to applicable standards of the Steel Structures Painting Council, NACE International and the manufacturer's printed instructions. B. Materials applied to the surface prior to the approval of the inspector shall be removed and re-applied to the satisfaction of the inspector at the expense of the contractor. C. The Contractor shall field verify tank dimensions. 1.4. Special Instructions A. The City will retain the services of an independent NACE Certified Coating Inspector for construction observations and quality conformance inspections during the project duration. B. The Contractor is responsible for providing access to tank, communicating work progress, and coordinating inspection services with the City's independent consultant. C. The inspection company shall report to Corpus Christi Water. D. The Contractor shall not move or remove scaffolding, ladders or other fixtures necessary to provide proper inspection until such work has been inspected and approved by the City's independent consultant. E. All tanks will be kept in service during logo painting unless agreed to be taken offline by CCW. If a tank can be taken out of service for logo painting, the Contractor is required to give CCW a minimum of 72 hours' notice to drain the tank before work can begin. RFP Template 03/15/2022 Attachments I 1. Approved CCW Color Palette. 2. All logo elements for the Coral Vine EST (Padre Island Tank), and Logo to be used for Holly, Rand Morgan and Staples. 3. Photos of all tanks. 4. Engineer Drawings for all tanks will be available upon request. I RFP Template 03/15/2022 CoLor Palette PAWN& ';r-.'.,,init]keness to the 'k-ft d 111q G} PANTM4 JA 4-aW lo e.,ctd impact and dii�-1 attenlirm to and notificationi, 1-.,,-)Qo Artwork us Cory C kris t i Wa t r Serving the Coostal Bend ..................... ...................................... .................................................... ................................................................. ............ ........................ ............................................................................................................................................................................I.............................. AA CCW Padre Water Towor Designs ............. 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Turtle Artwork op p :3` rApo .WW-,Craphic CotoE'F ._..............................._............................_................._............................................................................................................._....................................................................................................................................................................................................................................................................... z Corpus t Christi Watersm Serving the Coastal Bend Kite a { 6 U U rrr,r; a K S, r He ti IN k 1 u r� n 1 � I Y tlnv . b I�i r. e pw I i Y I �M1 N n�1Nb d�. 11 I l fir Y I Vli�,Ali' ry uu i a v t 4. � . . . . . . . . . . . . . �� � . . \ . �\ » . � ?�t , \ ° � � \�\� � � \ :\�© � � \ . . . , . : . . \ �y[' � ! . ������y��:�y�2«2 y , \2 \ � �. . . � . Attachment B - Bid Pricing/Schedule CITY OF CORPUS CHRISTI ' Pricing Form s J CONTRACTS AND PROCUREMENT RFP No. 4320 Corpus Christi Water(CCW) Logo Painting for Elevated and Ground Storage Tanks PAGE 1 OF 1 DATE: 49,23/2072 _Viking Painting.LLC __ Rory Sudbeck PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers"and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently,without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this ricin;;. Item Descri tion Unit ON. Unit Price Total Price 1 Coral Vine EST-1.5MG Each 1 $ 39,500.00 $ 39,500.00 Height: 167' Diameter:87' Bowl Ht: 40' 2 Lo os (*Logo different than the other 3 to os. 2 Holly EST-3MG Each 1 $ 67,000.00 $ 67,000.00 Height: 171.6' Diameter: 115' Bowl Ht: 45' 2 Logos 3 Each 1 $ 40,000.00 $ 40,000.00 Rand Morgan EST- .75MG Height: 158' Diameter: 50' Bowl Ht: 50' 1 Lo 0 4 Staples GST-7.5MG Each 1 $ 56,000.00' $ 56,000.00 Height: 51' Diameter: 160' 2 Logos 5 Allowance $10,000.00 $10,000.00 Total 212,500.00 i 2 i ATTACHMENT C- INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE j A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and-Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: ' $1,000,000 Per Occurrence I 1. Commercial Broad Form 2. Premises-Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION ' Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Il. ADDITIONAL REQUIREMENTS RFP Template 03/15/2022 A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of RFP Template 03/15/2022 Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bond requirements therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management- Legal Dept. RFP Template 03/15/2022 Attachment D - Warranty Requirements �h tV►t�L �'OG'T�� $ T shall provide a warranty for their to last 15-20 years. Capital Improvement Plan 2023 rhril 2025 City of Corpus Christi, Texas Project# E16290 Project name Elevated Water Storage Tanks- Citywide Type ImprovemenUr Additions Depatment Water Department Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority 2 Critical-Asset Condition\longevity Status Active Description The existing Elevated Storage Tanks(EST)have inadequate volume and elevation to meet minimum storage requirements as defined by Texas Commission on Environmental Quality(TCEQ). Here is the schedule and plan for the city of Corpus Christi to meet TCEQ's storage requirements. FY 22: Modifications to Holly and Rand Morgan Elevated Storage Tanks. Installation of pumps and pressure relief valves(PRVs). Begin construction of new EST in Flour Bluff on Division Road FY 23: Begin construction of new EST on Nueces Bay Boulevard. FY 24: Complete construction of new EST in Flour Bluff on Division Road. FY 25: Complete construction of new EST on Nueces Bay Boulevard.Demolish old EST at Flour Bluff on Division Road,old EST on Morgan Avenue. FY 26: Begin design of new EST at a yet to be determined site. Possibly near the Calallen,London or Gollihar area pending modeling. FY 27: Begin construction of new EST at a yet to be determined site.Possibly near the Calallen,London or Gollihar area pending modeling. FY 28: Continue construction of new EST at a yet to be determined site.Possibly near the Calallen,London or Gollihar area pending modeling. FY 29: Complete construction of new EST at a yet to be determined site.Demolish old Alameda and Gollihar ESTs. Justification This project will allow the city to meet its commitment to TCEQ.Higher tanks will additionally provide higher pressure and better pressure stabilization in the distribution system as required. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 500,000 4,500,000 4,260,000 9,544,023 18,804,023 Inspection 140,000 140,000 Design 300,000 300,000 Capital Equipment 750,000 500,000 750,000 1,043,743 3,043,743 Eng,Admin Reimbursements 150,323 140,000 150,000 350,000 790,323 ToW 1,840,323 5,140,000 5,160,000 10,937,766 23,078,089 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 1,840,323 5,140,000 5,160,000 10,937,766 23,078,089 Total 1,840,323 5,140,000 5,160,000 10,937,766 23,078,089 Budget Impact/Other 71 A reassessment will be done upon completion of project to determine on-going or maintenance costs. 349 Elevated and Ground Storage Tanks Logo Additions Corpus Christi City Council January 10, 2023 Corpus ChristiWater- Serving the Coastal Bend Background • Motion authorizes a 12-month service agreement with Viking Painting, LLC of La Vista Nebraska not to exceed 212,500. • Storage tanks to be painted: • Rand Morgan Road - elevated. • Holly Road - elevated. • Coral Vines on the Island - elevated. • Staples Street - above ground. • Images shown are for demonstration only - final logo placement has not been determined. CCWW' o I jI A A A A A A A A A A A A I I 111111111111111111111111111 ll�� p� Coral Vines on Staples Street the Island - Irk �� Thank you ! Corpus ChristiWater- Serving the Coastal Bend Se o H U NIORPORpI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting January 10, 2023 DATE: January 10, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Robert D4(a-)cctexas.com (361) 826-3133 Josh Chronley, Assistant Director of Finance— Procurement Josh C2(a-)cctexas.com (361) 826-3169 Purchase of Playground Equipment for West Guth Park CAPTION: Motion authorizing the purchase of an additional new playground unit and a new three-bay swing set for West Guth Park from Cunningham Recreation, of Charlotte, North Carolina, for a total amount of$63,719.44, with funding from Bond 2020. SUMMARY: This motion authorizes the purchase of a playground unit with a fabric shade structure and a three-bay swing set with an attached fabric shade structure for West Guth Park. The equipment will be purchased through Cunningham Recreation Charlotte, North Carolina through Omnia Partners Cooperative. BACKGROUND AND FINDINGS: The Parks and Recreation Department is requesting authorization to purchase a new playground unit with a fabric shade structure and a new three-bay swing set with an attached fabric shade structure for West Guth Park through Game Time c/o Cunningham Recreation Charlotte, North Carolina through the Omnia Partners Cooperative. As part of the 2020 Bond, amenities will be added to West Guth Park to provide regional, park- like enhancements. The addition of a new playground unit will provide a safe space for children, ages two to five years old, to play. The new playground unit will complement the existing playground unit that is intended for children ages five to 12 years old. The three-bay swing set will accommodate children two years old and above. Both the playground unit and swing set will be covered by their own sail shade structures, allowing for continuous hours play while reducing direct sun exposure. The new playground unit and new swing set will be collocated next to the existing playground unit for children ages five to 12 years old. The playground unit will include two zip slides, a bubble climber, a ridge climber, and a thundering panel. The new playground unit is pour-in-play, with an expected lifespan is eight years. The equipment is expected to arrive within 10 to 12 weeks after approval of this item, and the total installation is expected to take 16 weeks after contract award. Enhancing West Guth Park is in line with the 10-year Parks and Recreation Master Plan as a near-term priority investment by offering broader (and equitably distributed) recreational amenities and improving the conditions of current facilities/grounds. Additionally, playground equipment/play areas and large community parks were rated as high priority for investments by the Parks and Recreation Department, according to community survey/outreach conducted by the consultant in the development of the 10-year Master Plan. PROCUREMENT DETAIL: This procurement is through the OMNIA Partners Cooperative. The one-time purchase awarded through Game Time c/o Cunningham Recreation Charlotte, North Carolina, has been competitively procured in compliance with the Texas Local and State procurement requirements. ALTERNATIVES: City Council may choose to not approve or delay consideration of this item. Disapproval or delay could result in negative impacts to service delivery at West Guth and ultimately contradict the intent of the 2020 Bond Program. FISCAL IMPACT: Expenditures for purchase of the replacement playground equipment will total an amount of $63,719.44, with funding from Bond 2020. FUNDING DETAIL: Fund: 3296 PK&R 2021 Bd20 Organization/Activity: 21084-3296-EXP Mission Element: 141 Manage & Maintain Parks/Open Spaces Project # (CIP Only): 21084 West Guth Park Account: 55040 Other Equipment RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of a playground unit and a three-bay swing set for West Guth Park from Game Time c/o Cunningham Recreation, of Charlotte, North Carolina, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Finance-Procurement Purchase of Playground Equipment for West Guth Park Senior Buyer: Tracy Garza Parks and Recreation OMNIA Partners#2017001134 GAME TIME C/O CUNNINGHAM RECREATION CHARLOTTE,NORTH CAROLINA ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 GameTime-TM-03066-22-2A1 PT 17007 Exploration 2-12 Unit 1 $ 18,914.00 $ 18,914.00 2 GT-Shade Triple Bay Swing Shade 1 $ 12,615.00 $ 12,615.00 3 GameTime-Belt Seat Pkg 5"Od(8918) 4 $ 291.00 $ 1,164.00 4 GameTime-Encl Tot Seat 5"Od(8914) 2 $ 361.00 $ 722.00 5 GameTime-Geo-Textile 2250 Sgft Roll 1 $ 975.00 $ 975.00 6 GameTime-Owner's Kit 1 $ 66.00 $ 66.00 7 CUSTOM-Superior Recreational Products 38'x18'x10'Retangle Hip 1 $ 8,176.00 $ 8,176.00 Shade, (6) Embedded Columns 8 CUSTOM-Superior Recreational Products-33'x33'x40'xl 2'Eave 1 $ 12,103.75 $ 12,103.75 Triangular Sail Shade, (3) Embedded Columns 9 Surcharge(Superior Recreational Products) 1 $ 2,850.12 $ 2,850.12 SUBTOTAL $ 57,585.87 OMNIA Partners Discount 1 ($5,983.96) $ (5,983.96) Material Surcharge/Freight 1 $12,117.53 $ 12,117.53 TOTAL PURCHASE PRICE $ 63,719.44 1 J • ` j u Ply"9V'yq 4 "W C 1 _ n loe n% -Ac WEST GUTH �, ( P " ti s POOL m m dw r, w I I PROPOSED SWINGS WITH FABRIC SHADE, WOOD FIBER SURFACING,AND CONCRETE BORDER EXISTING LOOP TR AIL PROPOSED CONCRETE WALKWAY - / PROPOSER COVERER PAVILION (14'x 16'), PROPOSED PLAYGROUND(AGES 2.5) WITH PICNIC TABLE,SLAB,8 GRILL \� WITH FABRIC SHARE,POUREDIN-PLACE SURFACING, I�5lE2 / AND CONCRETE BORDER TO MATCH EXACTING �d22225552 BENCHES(TYP) PROPOSED WALKWAYTO \ ENCOMPASS SHADE COLUM NS EX NS PLAYGROUND —\ f �. (AGES'512)WITH FABRIC SHADE, AND POURED-IN-PLACE SURFACING PROPOSED COVERED PAVILION(11'x 1]) WITH PICNIC TABLE,SLAB,GRILL,AND *1 ^ ACCESSIBLE ROUTE(TYP.) wa" 04-2022 ... PRELIMINARY SITE PLAN- a SOUTH- •• 40'-0" 12 12' TRANSFER SYSTEM W/ BARRIER (1' RISE) 12' ISOSCELES SAIL 19004 TRANSFER PLATFORM 33' x 33' x 40' W/1BARRIER 013 BUBBLE CLIMBERU U ACCESS SLATE ROOF 19218 ATTACHMENT 18672 19035 r � I I ZIP SLIDE 4 19123 ' 3' 26'-4" J ANZA 1 086 CURVED ZIP SLIDE 19121 SINGLE RIDGE CLIMB R TH DERRING 19104 1 692 THUN RRING PA L 1 5 192 0 2 10 SCALE IN FEET 15' This Unit inclutles play events antl routes or travel specifically tlesignetl Total Elevates Play Compo nems for special neetlsu s.Ais the Total Elevatetl Play Components Accessible By Ramp - Requiretl opinion ofthe manufacturer that Total Eltetl Com B - R tl - theseplayeventsantlroutesof ponen is Accessible y Transfer equire travel conform to the a ccessibility Totaleva Accessible Grountl Level Components Shown - Requiretl - requirementsoftheABA(Amerirans Total Different Types Of G rountl Level Com ponents - Required - wAh Disabilities Act) C OnO IMPORTANT:Soft resilient surfacing : GarrmTime• J City of Corpus Christi This play Minimum Ar Requiretl should be placetl in the use zones ofall Bmw.. y soot West Guth Park egaromem is 40'-0"x 26'-4" equipment,as specif tl for each type of ��p Corpus Christi,TX forch�tlmeentletl S.I.: equipment,antl at depths to meet the Bate: n ages This tlrawing can be critical fall heghts as spe"etl by the U S. 08/08/2022 150 PIayCore Drive SES Representative 'L_5 -I,d only when in consum er Protlud Safety Commission, BmwingName- FortPayne,AL35967 Total Recreation Products,Inc. an 81/2"x11"format ASTM SMantlartl F 1401 antl Canatlian TM0 3066-22-1A1 R2 ±W W.gametime.com Sta ntlartl CAN/CSA-2614 Y Ieb ci m nw - p =CESS IP\ Buee 92i 0Mec� R/.Nws/Bait ZCUR \\ 19R8 NBERRING ""u" R vs/ (Pmw) BE ` Total Elevated Components-5 Total Accessible Components-5 Total Ground Level Components-2 Types of Ground Level Components-2 wuw�sra«�.�wa:u:�w�r PT17007 Exploration GameTime' 2-12 Unit /gyp Retail$17,259.00 www.gametime.com www.totalrecreation.net t These drawings are for reference only and should not be used PROJECT NAME DATE DRAWN BY as construction details.They show the general character and SHADE WEST GUTH 4/27/2022 JSJ rough dimensions of the structu featur es.Superior Recreation Products is not responsible for deviation of final ev siv�aioaa raffia riona�azovurrs QUOTE TITLE SCALE SHEET Pied by cults All final diman S,fasteners Verifiedi and -.I field by the customer.Exact spans,fasteners,materials,and 0000241507 Proposal Not to Scale 1 of 1 foundations can be determined bya licensed professional ` engineer upon request 47'- 1 " SWING SHADE (3 BAY) 5193 I \ I I ----------------- I � I 30' 9" �---- --tar---- -----,;,---------------- ------------------ Bg18 8914 8918 BELT SEAT PACKAGE ENCLOSED TOT SEAT PACKAGE BELT SEAT PACKAGE 5'O.D. 5"0.0. 5"O.D. 8918 8914 8918 1 5 BELT SEAT PACKAGE ENCLOSED TOT SEAT PACKAGE BELT SEAT PACKAGE 5"O.D. 5"O.D. 5"O.G. 0 2 10 SCALE IN FEET ou s UnA inclutles play events and Total Elevatetl Pla Com nts 0 r les of travel specdicaly tlesignetl y pone for special needs users.It is the Total Elevated Play Components Accessible By Ramp 0 Required 0 opinion of the mIand lurerfhaf Total Elevated Components Accessible B Transfer 0 Required 0 these play eventsantl routes of pone y equine travel conform to the accessibility Total Accessible Ground Level Components Shown 0 Required 0 requiremvents of the ADA(Americans Total Different T Of Ground Level Components 0 Required 0 Ah Disabilities AC) YPes ponens equine IMPORTANT:Sofl resilient surfacing Drawn B City of Corpus Christi Equipment Minimum Are Required: shoultl be placetl in the use zones of all Y' i•' i� 47'-1"x30'-9" MW 9 0 0 I equipment,as sp.rff.foreach typeWest Guth Park-Swings� �� Scale: equipment,..etpfhs fomeet the Date. Corpus Christi,TX Th'atlrawi be crifica1f.11 hegfs as specdietl by the U.S. 08/09/2022 ngcan consumer Prtlucl SafefY Comn,150 PlayCore Drive SE RepresentativeFort Payne,AL�59fi] scaled only when in ASTM slantlartl F 148]antl Canatlian Drawing Name: -gametime.com Total Recreation Products,Inc. an 11"a 17"form at Sft ntlam cANU A-zeta TM-03066-22-1 A2R1 u k� n Y` ra r 1 GameT►me City of CorDUS Christi RP ` L—oll """' 3-Bay Shade Swings wwwgametime.com www.totalrecreation.net so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting January 10, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Drew Molly P.E, Director of Water Systems and Support Services drewm(a-)cctexas.com (361) 826-1853 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2(a)cctexas.com 361-826-3169 Professional Services Contract ONSWTP Navigation Pump Station Improvements CAPTION: Motion authorizing a professional services contract with CP&Y Inc., San Antonio, Texas, to provide a Preliminary Engineering Report for the O.N. Stevens Water Treatment Plant(ONSWTP) Navigation Pump Station Improvements in an amount not to exceed $280,213.00, with FY 2023 funding available from Water Capital Fund. SUMMARY: This motion authorizes approval of a professional services contract to provide a Preliminary Engineering Report for the ONSWTP Navigation Pump Station Improvements Project. BACKGROUND AND FINDINGS: The City of Corpus Christi owns the Navigation Pump Station (PS), located at 152 North Navigation Blvd, Corpus Christi, Texas, which consists of 2 - 10 MG tanks. Under the current distribution system set up, the pump station does not contribute to maintenance of system pressure and was taken out of service in 2018. This project proposes improvements to Navigation Pump Station and surrounding distribution piping to help the city improve water delivery and water quality in the distribution system. An Engineering Letter Report needs to be prepared for these improvements. The major anticipated improvements for this project include upgrades to existing three pumps, one new pump and four new variable frequency drives (VFDs), and potential transmission main upgrades. The Preliminary Engineering Report will also provide recommendations and 30% design drawings on the following topics: • Hydraulic studies to determine new hydraulic grade line for the station. • Re-routing of supply and discharge line to improve water quality. • Replacement of pressure/flow control valves. • Replacement of existing pumps. • Replacement of tank isolation actuators. • Evaluate need for on-site back-up power and freeze protection. • Hydraulic Model Update and Calibration. PROJECT TIMELINE: 2022-2024 2024 2024-2025 December - March April - June July - October Design Bid/Award Construction Projected schedule reflects City Council award of design services in January 2023 with anticipated construction completion by October 2025. COMPETITIVE SOLICITATION PROCESS: CP&Y Inc. was selected for FY 2022 Professional Services for Capital Improvement Projects, under Request for Qualifications (RFQ) 3977. ONSWTP Navigation Pump Station Improvements was one of nine selections that were announced under the Utility Projects Category of the RFQ. CP&Y Inc. has been working on the ONSWTP which led to them being selected for this portion of the design. The selection committee was comprised with representatives from the Utilities Department and Engineering Services. The final evaluation ranked CP & Y, Inc. the highest and recommended the firm as most qualified based on five factors: 1) Experience of the firm 2) Experience of the key personnel with specific experience in major water supply dams and water treatment plants as well as water and wastewater treatment 3) Project approach and management plan 4) Capacity to meet the project requirements and timelines 5) Past performance CP & Y, Inc. are leaders in the water/wastewater industry, they have provided services for over 300 water- and wastewater-related projects. Some of the previous projects that were completed by CP & Y, Inc. are the Holly and Rand Morgan Elevated Storage Tank Design. ALTERNATIVES: Council could choose not to award the contract to CP & Y, Inc. Not awarding the contract for professional services to CP&Y, Inc., will delay necessary improvements and may affect the ability to satisfy the safety, operational, and regulatory requirements. FISCAL IMPACT: The fiscal impact to FY 2023 is an amount not to exceed $280,213.00 with funding available through the Water Capital Fund. Funding Detail: Fund: Water 2020 (Fund 4099) Mission Elem: Water Maintenance of Lines (041) Project: ONSWTP Navigation Pump Station Improvements (Project No. 22405) Account: Design/Outside Consultants (550950) Activity: 22405-4099-EXP Amount: $280,213.00 RECOMMENDATION: Staff recommends approval of the professional services contract with CP&Y, Inc., in an amount not to exceed $280,213.00 for the ONSWTP Navigation Pump Station Improvements project. The design phase will begin in January 2022 with a transmittal of the preliminary engineering report to review by April of 2023. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix Proposal CIP Page Presentation W PROJECT LOCATION SCALE: N.T.S. ZZs , .p U Q ' . yr , �..�+• m, Yi�nM LF. .. .ac .na •. 2 " , CC SOUTHVIEW ----------- y _.,._ AGNES y LOCATION MAP " NOT TO SCALE "6 [ PROJECT NUMBER: 22405 ONSWTP NAVIGATION PUMP CITY COUNCIL EXHIBIT STATION IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PROJECT LOCATION N SCALE N.TS. 'F LL KINGPIN z gill m 1 11 0 U) z Lu BEAR 1 VICINITY JECT NUMBER: 22405 NOT TO SCA ONSWTP NAVIGATION PUMP CITY COUNCIL EXHIBIT STATION IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Please input the follwing information: Competitive Solicitation Number 3977 Competitive Solicitation Name Professional Engineering Services for Capital Improvement Projects FY2022 Number of Proposers(Bidders) 12 **Hide this tab after completion" =M'3M Pmteasional Engineering Services£,,Capital Improvement Projects H2022 vaop®Irraxafm smre tuaurra earns vpm Evc aav reaeam xkM1 « xo �g m �g imeisuerra xa1«M1mb®es a ewnam P1ae 'g viummer u amamoaa vrami. v va:: vaa vaa va:: vaa vaa vaa vaa vaa vaa vaa vaa c : ancmroa d' J J ✓' J J J J J J J J rvo maawni uwn�vxiasv®rs „�,,,,,,,,�,,,,,,,,� d' J J ✓' J J J J J J J J rvoma«naim aaa ssm:vxiasvears ,s J J ,s J J J J J J J J xa���v.oHaea mrrnn „�,,,,,,,,�,,,,,,,,� d' J J ✓' J J J J J J J J Technical Proposal Scores Proposal Evaluation Score Technical Proposal 80 Experience on projects of similar scope and complexity 7 Demonstrated capability& capacity on comparable projects 7 Past Performance 7 Team members with experience and qualifications 7 Team members experience with work of similar scope and complexity 7 Availability of resources to accomplish the work 7 Demonstrated understanding of the scope of services 19 Demonstrated understanding and experience with a public agency 19 Ardurra Score Experience on projects of similar scope and complexity 4 Demonstrated capability& capacity on comparable projects 4 Past Performance 4 Team members with experience and qualifications 4 Team members experience with work of similar scope and complexity 4 Availability of resources to accomplish the work 4 Demonstrated understanding of the scope of services 4 Demonstrated understanding and experience with a public agency 4 Bath Group Score Experience on projects of similar scope and complexity 2 Demonstrated capability& capacity on comparable projects 2 Past Performance 2 Team members with experience and qualifications 3 Team members experience with work of similar scope and complexity 3 Availability of resources to accomplish the work 3 Demonstrated understanding of the scope of services 3 Demonstrated understanding and experience with a public agency 3 Campos EPC Score Experience on projects of similar scope and complexity 2 Demonstrated capability& capacity on comparable projects 1 Past Performance 2 Team members with experience and qualifications 2 Team members experience with work of similar scope and complexity 2 Availability of resources to accomplish the work 2 Demonstrated understanding of the scope of services 1 Demonstrated understanding and experience with a public agency 1 CP&Y Score Experience on projects of similar scope and complexity 4 Demonstrated capability& capacity on comparable projects 4 Past Performance 4 Team members with experience and qualifications 4 Team members experience with work of similar scope and complexity 4 Availability of resources to accomplish the work 4 Demonstrated understanding of the scope of services 4 Demonstrated understanding and experience with a public agency 4 Freese and Nichols Score Experience on projects of similar scope and complexity 4 Demonstrated capability& capacity on comparable projects 4 Past Performance 3 Team members with experience and qualifications 4 Team members experience with work of similar scope and complexity 3 Availability of resources to accomplish the work 3 Demonstrated understanding of the scope of services 4 Demonstrated understanding and experience with a public agency 4 HDR Engineering Score Experience on projects of similar scope and complexity 3 Demonstrated capability& capacity on comparable projects 3 Past Performance 3 Team members with experience and qualifications 4 Team members experience with work of similar scope and complexity 4 Availability of resources to accomplish the work 4 Demonstrated understanding of the scope of services 3 Demonstrated understanding and experience with a public agency 3 Jacobs Engineering Score Experience on projects of similar scope and complexity 3 Demonstrated capability& capacity on comparable projects 3 Past Performance 3 Team members with experience and qualifications 3 Team members experience with work of similar scope and complexity 3 Availability of resources to accomplish the work 2 Demonstrated understanding of the scope of services 3 Demonstrated understanding and experience with a public agency 3 Jose I Guerra Score Experience on projects of similar scope and complexity 2 Demonstrated capability& capacity on comparable projects 2 Past Performance 2 Team members with experience and qualifications 2 Team members experience with work of similar scope and complexity 2 Availability of resources to accomplish the work 3 Demonstrated understanding of the scope of services 2 Demonstrated understanding and experience with a public agency 2 KCI Technologies Score Experience on projects of similar scope and complexity 3 Demonstrated capability& capacity on comparable projects 3 Past Performance 3 Team members with experience and qualifications 3 Team members experience with work of similar scope and complexity 3 Availability of resources to accomplish the work 2 Demonstrated understanding of the scope of services 3 Demonstrated understanding and experience with a public agency 3 Lockwood Andrews and Newnam Score Experience on projects of similar scope and complexity 3 Demonstrated capability& capacity on comparable projects 3 Past Performance 3 Team members with experience and qualifications 3 Team members experience with work of similar scope and complexity 3 Availability of resources to accomplish the work 3 Demonstrated understanding of the scope of services 3 Demonstrated understanding and experience with a public agency 3 Mendez Engineering Score Experience on projects of similar scope and complexity 1 Demonstrated capability& capacity on comparable projects 1 Past Performance 1 Team members with experience and qualifications 1 Team members experience with work of similar scope and complexity 1 Availability of resources to accomplish the work 1 Demonstrated understanding of the scope of services 1 Demonstrated understanding and experience with a public agency 1 Plummer Score Experience on projects of similar scope and complexity 3 Demonstrated capability& capacity on comparable projects 3 Past Performance 3 Team members with experience and qualifications 4 Team members experience with work of similar scope and complexity 4 Availability of resources to accomplish the work 3 Demonstrated understanding of the scope of services 3 Demonstrated understanding and experience with a public agency 3 1 1 Ardurra Bath Group Campos EPC CP&Y 80 55 32 80 7 4 4 7 7 4 2 7 7 4 4 7 7 5 4 7 7 5 4 7 7 5 4 7 19 14 5 19 19 14 5 19 Committee Member 1 Committee Member 2 Committee Member 3 4 4 4 4 4 3 4 4 3 4 4 4 4 4 4 3 4 4 4 4 4 4 4 3 Committee Member 1 Committee Member 2 Committee Member 3 1 4 2 1 4 1 1 4 1 4 4 2 2 4 2 3 4 1 4 4 2 2 4 2 Committee Member 1 Committee Member 2 Committee Member 3 1 2 2 1 2 1 2 2 2 1 2 2 1 2 2 2 2 2 1 2 1 1 2 1 Committee Member 1 Committee Member 2 Committee Member 3 4 4 3 4 4 4 4 4 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Committee Member 1 Committee Member 2 Committee Member 3 4 4 3 4 4 3 3 4 3 4 4 4 2 4 3 2 4 3 4 4 3 4 4 3 Committee Member 1 Committee Member 2 Committee Member 3 4 4 2 4 4 2 4 4 2 4 4 3 4 4 3 4 4 3 4 4 2 4 4 2 Committee Member 1 Committee Member 2 Committee Member 3 4 2 2 4 2 2 4 2 2 4 2 3 4 2 3 2 2 3 4 2 2 4 2 2 Committee Member 1 Committee Member 2 Committee Member 3 2 2 3 2 2 2 2 2 2 3 2 2 2 2 2 3 2 3 2 2 2 2 2 2 Committee Member 1 Committee Member 2 Committee Member 3 4 3 2 4 3 2 4 3 2 4 3 2 4 3 2 2 3 2 4 3 1 4 3 2 Committee Member 1 Committee Member 2 Committee Member 3 4 4 2 3 4 2 3 4 2 4 4 2 4 4 2 2 4 2 3 4 1 3 4 2 Committee Member 1 Committee Member 2 Committee Member 3 1 0 1 1 0 1 1 0 1 1 0 2 1 0 2 2 0 2 1 0 1 1 0 2 Committee Member 1 Committee Member 2 Committee Member 3 3 4 3 3 4 2 3 4 2 4 4 3 4 4 3 1 4 3 4 4 2 4 4 2 z Freese and Nichols HDR Engineering Jacobs Engineering Jose I Guerra 74 64 57 45 7 5 5 4 7 5 5 4 5 5 5 4 7 7 5 4 5 7 5 4 5 7 4 5 19 14 14 10 19 14 14 10 KCI Technologies Lockwood Andrews Mendez Engineering and Newnam 57 58 22 5 5 2 5 5 2 5 5 2 5 5 2 5 5 2 4 5 2 14 14 5 14 14 5 Interview Scores Proposal Evaluation Score Ardurra Interview Scores 20 15 Demonstrated Experience providing these Services 5 4 Team members with experience and qualifications 5 4 Demonstrated understanding of scope of services 3 2 Knowledge of Similar Services 3 2 Capability to perform work 4 3 Ardurra Score Committee Member 1 Demonstrated Experience providing these Services 3 4 Team members with experience and qualifications 3 4 Demonstrated understanding of scope of services 3 4 Knowledge of Similar Services 3 4 Capability to perform work 3 4 CP&Y Score Committee Member 1 Demonstrated Experience providing these Services 4 4 Team members with experience and qualifications 4 4 Demonstrated understanding of scope of services 4 4 Knowledge of Similar Services 4 4 Capability to perform work 4 4 Bath Group Campos EPC CP&Y Freese and Nichols Not Interviewed Not Interviewed 20 Not Interviewed 0 0 5 0 0 0 5 0 0 0 3 0 0 0 3 0 0 0 4 0 Committee Member 2 Committee Member 3 4 1 4 2 4 1 4 2 4 1 Committee Member 2 Committee Member 3 4 4 4 4 4 4 4 4 4 4 HDR Engineering Jacobs Engineering Jose I Guerra KCI Technologies Not Interviewed Not Interviewed Not Interviewed Not Interviewed 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ood Andrews and Nem Mendez Engineering Plummer Firm 13 Not Interviewed Not Interviewed Not Interviewed 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Firm 14 Firm 15 Firm 16 Firm 17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Firm 18 Firm 19 Firm 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C P&YJ Partners for a Better Quality of life November 8, 2022 Ryan Hedrick Senior Project Manager City of Corpus Christi Engineering Services Department 1201 Leopard St. Corpus Christi, TX 78401 RE: Professional Services Fee Proposal Project 22405- ONSWTP Navigation Pump Station Improvements- 30% PER and Hydraulic Model Upgrades Mr. Hedrick, Per your request CP&Y will provide professional services to provide a 30% Preliminary Engineering Report for the ONSWTP Navigation Pump Station Improvements located at 302 North Navigation Blvd. The Preliminary Engineering Report will provide recommendations and 30% design drawings on the following topics: • Hydraulic studies to determine new hydraulic grade line for the station. • Re-routing of supply and discharge line to improve water quality. • Replacement of pressure/flow control valves. • Replacement of existing pumps. • Replacement of tank isolation actuators. • Evaluate need for on-site back-up power and freeze protection. • Hydraulic Model Update and Calibration A. SCOPE OF WORK CP&Y, Inc. will provide the following professional services: Task 1: ManagementProject _ 1. Hold monthly meetings with the owner to establish status of the project, plan future activities, and discuss design issues. Meetings will be conducted using Microsoft Teams or telephone. 2. Perform project administrative duties to include progress monitoring, scheduling, correspondence, and office administration. 3. Submit monthly invoices with project status reports outlining the activities during that billing period to the City. 12500 San Pedro Avenue,Suite 450 Page 1 of 4 San Antonio,Texas 78216 (p)210.494.8004 (f)210494-8286 www.cpyi.com P&Y Partners for a Better Quality of life 4. Conduct a kick-off meeting with the City and the Design Team to review the scope and goals of the project. 5. Collect data required to evaluate the station. A data request will be submitted when contract is finalized. 6. Deliverables: a. Meeting agenda, meeting minutes with action/decision items. b. Monthly invoices. Task 2: PER-30% Design 1. Conduct a site visit to compare field conditions with as-built drawings and evaluate condition of existing pumps, valves and actuators. 2. Hydraulic Studies i. Update model for existing conditions and future conditions for Navigation Pump Station. ii. Size pumps for the future system hydraulic grade lines. 3. Water Quality Improvements i. Evaluate addition of chlorine boosting on-site. ii. 30% Design drawings showing re-routing of station supply and discharge lines. 4. Pressure/Flow Valves Replacement i. Evaluate and select new valves. ii. 30% Design drawing showing valve replacement. 5. Pumps Replacement i. Review system curves. ii. Evaluate new pump curves based on future system hydraulic grade lines. iii. Evaluate the need for VFDs. iv. Evaluate layout of new pumps and VFDs. v. 30% Design drawing showing pump replacement. 6. Valve Actuator Replacement i. Evaluate and select new actuators. ii. 30% Design drawing showing actuator replacement. 7. Evaluate On-Site Backup Power/Freeze Protection i. Review current Risk and Resilience Assessment. ii. Review S133 compliance emergency preparedness plan. iii. Analyze and develop recommendations for backup power and 12500 San Pedro Avenue,Suite 450 Page 2 of 4 San Antonio,Texas 78216 (p)210.494.8004 (f)210494-8286 www.cpyi.com C P&YJ Partners for a Better Quality of life freeze protection. 8. Evaluate Current Site Electrical i. Evaluate incoming feed. ii. Evaluate MCC, VFDs, switch gear and generator. iii. Provide recommendations for electrical improvements. 9. Preliminary Engineering Report i. Compile PER and 30% design drawings. ii. Perform quality control of the PER and drawings. iii. Incorporate QC comments. iv. Conduct a workshop with City of Corpus Christi to review the PER. v. Prepare and submit workshop meeting minutes. vi. Finalize PER and submit to City of Corpus Christi. Task 3: Hydraulic Model Updates 1. Task 3 completes an update and calibration of the City of Corpus Christi hydraulic model. 2. Data Collection—for City GIS data, as-built records, system valve data, pump curve data, HSPS updates. 3. Hydraulic Model Initial build — Update and verification of all pipes, nodes, valves, tanks, and pumps. 4. Water Demand Study—update all demands for full year 2022. 5. Determine diurnal curves. 6. Water demand allocation to model nodes using GIS processes and geocoding. 7. Set up of model scenarios for ADD, MDD, PHD and for steady-state and for Extended Period Simulations. 8. Model Calibration. B. DELIVERABLES CP&Y will submit the following: • Meeting minutes. • Draft Preliminary Engineering Report (to include 30% Design Drawings) in electronic pdf format. • Final sealed Preliminary Engineering Report (to include 30% Design Drawings) in electronic pdf format. • Updated and Calibrated Hydraulic Model. 12500 San Pedro Avenue,Suite 450 Page 3 of 4 San Antonio,Texas 78216 (p)210.494.8004 (f)210494-8286 www.cpyi.com C P&YJ Partners for a Better Quality of life C. SCHEDULE Below is a preliminary schedule for the duration of each phase. The overall duration of the contract is approximately 4 months from notice to proceed (NTP). • Site Visit: 14 days (for scheduling and site visit) • Evaluate conditions and prepare draft Preliminary Engineering Report: 90 days after data is received. • Review of Preliminary Engineering Report by the City: 21 days • Revise Preliminary Engineering Report, QC Report, and submit sealed report to the City: 30 days. D. FEE SUMMARY The attached Design Fee Spreadsheet contains a detailed list of tasks along with hours and fees associated with each task. Table D-1 below provides a summary of the Base Services design fees for the project. Table D-1: Design Fee Summary Task Fee Task 1-Project Management $15,762 Task 2- PER- 30% Design $134,015 Task 3- Hydraulic Model Updates $130,436 Total Base Services: $ 280,213 Respectfully Submitted, CP&Y, Inc. Ted Stawasz, PE Senior Project Manager 12500 San Pedro Avenue,Suite 450 Page 4 of 4 San Antonio,Texas 78216 (p)210.494.8004 (f)210494-8286 www.cpyi.com Client: City of Corpus Christi Project: 22405-ONSWTP Navigation PS Improvements Design and Hydraulic Model Update Date: November 8,2022 ESTIMATE FOR SCOPE OF SERVICES v lut v Ju POSITION E.. TASK TASK TOTALLABOR FEE $ 3U2 $ 248 $ 230 $ 231 $ "2"21 $ 20 $ 1bU $ 130 $ 139 $ 119 $ /S $ ab Pining Iravel Other Basic Services Task 1-Project Management Monthl MeeOn s 4 4 2 4 10 $ 1901 $ 1,901 "oeQ Monl[onn 3 16 19 $ 4S/9 $ 4,5M Inaoi,inq 4 months 1 4 6 11 $ 1 792 $ 1,]92 Kickoff Meson Virtual 2 2 2 2 2 1 1 10 $ 21831 $ 2,183 Data Coleman 4 4 4 2 16 30 $ 5307 $ 5,301 Total Hours 4 0 30 8 6 4 2 20 0 0 0 6 80 Total Cost $1210 $0 $6,885 $1,850 $1326 $1,000 $320 $2,601 $0 $0 $0 $571 $15762 Task 1 Subtotal= $ 15,762 Task 2-PER-30%Design Site Visit Site Visit 10 12 12 34 $ /,946 $ 2500 $ 10,446 0 $ Hytlraulic St.dws 0 $ Update model for eosting conditions and mime conditions $ 3128 fo,Naviation PS 8 8 16 $ 3128 See'Impsto,Edstinq and Future SVstdh HGLs 12 8 20 $ 4,053 $ 4,063 Water Quality Improvements Evaluate addition of Chlorine boostina onsite 2 8 4 4 18 $ 3468 $ 3,468 30%drawings Reroute incoming and discharge lines to 'emove loop 2 4 8 8 24 46 $ 7538 $ 7'6� Pressure R—Valves Replacement Evaluate al select newvalves 2 4 6 4 16 $ 3230 $ 3,230 30%Uesl n d,minq shminq valve re lacement 2 2 4 4 2 1 8 12 34 $ 5,282 $ 6,282 0 $ Pump Replacement 0 $ Reviewsstem curves 4 4 8 16 $ 2564 $ 2,564 Evaluate new, 2 8 4 10 24 $ 4,16/ $ 4,161 Evaluate the use of VFDs 2 4 8 4 4 22 $ 4502 $ 4,SU2 Evaluate la out of new p,mps and VFLs 2 6 8 4 4 4 16 44 $ /,405 $ 7,406 30%Desi ndrawin shmiinP,mp Replacement 2 2 6 8 8 12 8 46 $ 7225 $ 7,225 Valve Acuator Replacement Evaluate Eastln Haua one 2 4 4 10 $ 1982 $ 1,982 30%Desi n drawin showin acWffiorre lamment 2 2 4 4 4 12 Evaluate On-Site Backup Power/Freeze Pr—tion Review current Risk and Reslllenm Assessment 8 6 14 $ 2,/2/ $ 2,727 Review S33 com lia—Emer enc Preparedness Plan 8 6 14 $ 2727 $ 2,721 Analyze and recommend backup power and heeze rttec0on measures 2 12 12 26 $ S,U29 $ 6,OD Evaluate Current El.drical Evaluffie l n,ominq Feed 8 8 16 $ 32/8 $ 321 Evaluffie MCC,VFDs,SNitch Gear,and Generat 24 8 32 $ 7276 $ 7,276 Provide Recommendations for electrical im ma ments 2 20 8 30 $ 6735 $ 6736 PER Page 1 of 2 Client: City of Corpus Christi Project: 22405-ONSWTP Navigation PS Improvements Design and Hydraulic Model Update Date: November 8,2022 ESTIMATE FOR SCOPE OF SERVICES P lu -,t S' CADD POSITION E.p.re.s TASK TASK TOTAL LABOR FEE $ 3U2 $ 248 $ 230 $ 231 $ "2"21 $ 2ours c 0 $ 169 $ 130 $ 139 $ 119 $ /S $ 9b 1,,liing —.1 Other Com ile PER and drawin s 12 12 12 12 16 16 16 20 116 $ 13054 $ 18,054 DC PER and drawin s 6 4 10 $ 2,40/ $ 2,40] P". QC Comm." 2 2 6 4 6 8 6 8 42 $ 7383 $ 7,3W PERWoh¢ho Side PrasenLOon and Virtual M-, 2 4 6 4 2 4 2 24 $ 4,699 $ 4,699 PER Woh¢ho Mi,-[ 2 2 4 $ 719 $ 719 Fnalize PER and sibmif fo CC 4 8 8 8 4 4 4 4U $ /,993 $ 7,993 Total Hours U 1 14 48 11 tiff 124 110 130 84 tib ti4 34 0 142 Total Cost $0 $3,475 $11,016 $15,259 $27,404 $27,489 $20,774 $10,924 $9,479 $7,616 $2543 $0 $135980 Task2 Subtotal= $ 134,015 Task 3-Uptlate Water Distnbution Hyd..Iic Motlel Motlel Update Dffia C011eRion and Analsis 30 10 40 80 $]7411 $ 13,7% H draulic Model IniOal Build 2 62 4U 8U 184 $ $ 31,589 Wffier Demand S[ud 2 50 40 60 16 168 $ $ Z,411 Determine Diurnal C—s 24 4U 64 $ $ 10,751 Setu d model scenarios for ADD,MDC,PHD and EPS 2 32 40 74 $Model Cafib,a- 10 4 /0 110 194 $ $ 33,890 Total Hours 0 10 10 Jb8 U 0 90 3/0 U U lb U 1. Total Cost $0 $2,482 $2,295 $61 962 $0 $0 $14,382 $48119 $0 $0 $1,19] $0 $130,436 Total Task Fee= $ 130 436 Total Base Fee= $ 280,213 Page2d2 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 22405 Project Name ONSWTP Navigation Pump Station Improvements Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities Category Water Treatment Priority 1 Critical-Health&Safety Status Active Description The City of Corpus Christi owns the Navigation Pump Station(PS),located at 152 North Navigation Blvd,Corpus Christi,Texas,which consists of 2- 10 MG tanks.Under the current distribution system set up,the pump station does not contribute to maintenance of system pressure and was taken out of service in 2018 .This project includes changes to Navigation Pump Station and surrounding distribution piping to help the City improve water delivery and water quality in the distribution system.A feasibility study followed by design will be carried out for these improvements.The major anticipated improvements for this project include upgrades to existing three pumps,one new pump and four new VFDs, and potential transmission main upgrades. Justification Due to complexity of upcoming work,concurrent presence of multiple contractors,and performing work at a live facility,the impact can range from significant project delays and degraded quality of final product to complete loss of water production facility,leaving City without water. This is a highly critical coordinating and risk management function.There will be no construction associated with this item.This item provides construction management services for construction of other projects. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,850,000 3,300,000 5,150,000 Design 550,000 550,000 Eng,Admin Reimbursements 70,000 150,000 200,000 420,000 Total 620,000 2,0005000 3,500,000 6,120,000 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 620,000 2,000,000 3,500,000 6,120,000 Total 620,000 2,000,000 3,500,000 6,120,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion ofproject to determine on- going or maintenance costs. 338 Corpus Chr s[i Engineering ONSWTP Navigation Pump Station Improvements Council Presentation December 20, 2022 Project Location i... i7f pUS Ch! S,CI Engineering PROJECT LOCATION to PROJECT LOCATION N N SCALE:NTS SCALE:N TS_ I O m I HOPKINS s s sa SOII h1.'I E'f: i�U piEa 2 KINOPIN4 - � G v s w 0 s LL c LOCATION MAP VICINITY MAP PROJECT NUMBER:22405 PROJECT NUMBER:22405 2 Overview Corpus Chr sti Engineering ccW" Project Scope Corpus Chrsti Engineering The City of Corpus Christi owns the Navigation Pump Station (PS), located at 152 North Navigation Blvd, Corpus Christi,Texas, which consists of 2- 10 MG tanks. Under the current distribution system set up,the pump station does not contribute to maintenance of system pressure and was taken out of service in 2018. This project includes changes to Navigation Pump Station and surrounding distribution piping to help the city improve water delivery and water quality in the distribution system. An Engineering Letter Report by design will be carried out for these improvements. The major anticipated improvements for this project include upgrades to existing three pumps, one new pump and four new VFDs, and potential transmission main upgrades. The Preliminary Engineering Report will provide recommendations and 30%design drawings on the following topics: • Hydraulic studies to determine new hydraulic grade line for the station. • Re-routing of supply and discharge line to improve water quality. • Replacement of pressure/flow control valves. • Replacement of existing pumps. • Replacement of tank isolation actuators. • Evaluate need for on-site back-up power and freeze protection. • Hydraulic Model Update and Calibration. • Motion authorizes a professional services contract with CP&Y Inc., San Antonio, Texas, to provide a 30% Preliminary Engineering Report for Navigation Pump Station Improvements in an amount not to exceed $280,213.00, with FY 2023 funding available from Water Capital Fund. • Major anticipated improvements for this project include upgrading the pumping and control equipment along with potential transmission main upgrades. • These improvements will bring a City asset back into service, optimize pump station operations and add to the water supply by increasing ground storage. CCW" 5 �q�w) Project Schedule J Corpus Chr sti Engineering 2022-2024 2024 2024-2025 December-March April-June July-October Design Bid/Award :6M Project schedule reflects City Council award of design services in December 2022 with anticipated construction completion by October 2025. 6 se o H U NOORPOHPI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of January 10, 2023 DATE: January 10, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation Robert D4(a-)-cctexas.com (361) 826-3133 FY 22-23 HOT Fund Agreements CAPTION: Motion authorizing three agreements between the City of Corpus Christi and South Texas Institute for the Arts, Inc., The Botanical and Nature Center of South Texas, Inc., and Texas State Aquarium Association from October 1, 2022 through September 30, 2023 wherein the City shall provide funding on a reimbursement basis through the FY21-22 Hotel Occupancy Tax Fund in a total amount not to exceed $375,000.00 to South Texas Institute for the Arts, Inc., $70,000 to The Botanical and Nature Center of South Texas, Inc., and $310,000.00 to Texas State Aquarium Association, with funding available in the Hotel Occupancy Tax Fund. SUMMARY: The proposed three agreements between the City of Corpus Christi and South Texas Institute for the Arts, Inc., The Botanical and Nature Center of South Texas, Inc., and Texas State Aquarium Association will provide funding through the Hotel Occupancy Tax Fund for the purpose of aiding in the continued operation of facilities which provide education and awareness of South Texas art and wildlife in the Gulf of Mexico and Caribbean Sea. BACKGROUND AND FINDINGS: The South Texas Institute for the Arts operates educational facilities and art museums throughout South Texas to advance the awareness, knowledge, appreciation, and enjoyment of the visual arts for residents and visitors of South Texas. This is accomplished through various classes, lectures, films, performances, and other activities offered at the Art Museum of South Texas, the Antonio E. Garcia Arts and Education Center, and other outreach venues. The Art Museum of South Texas was founded in 1945 and is currently the only major fine arts museum within a 150- mile radius of Corpus Christi. They also provide programs through the Antonio E. Garcia Arts Education Center. In 1983, The Botanical and Nature Institute of South Texas, Inc., was known as the Corpus Christi Botanical Society. In 1987, the name changed to Corpus Christi Botanical Gardens. The one-acre "cottage garden" eventually became the 182-acre City parkland located at 8545 S. Staples. In 1996 it was renamed to the Corpus Christi Botanical Gardens & Nature Center. Recently, named the South Texas Botanical Gardens & Nature Center. The center has had a significant impact on the community and has provided education, raised awareness, and increased appreciation for plant life, the environment, and the flora and fauna of South Texas through its exhibits, including floral gardens, natural wetlands, a native habitat, an exotic parrot collection, and resident reptiles. The Texas State Aquarium Association strives to educate, foster support, and stand as an environmental steward for animals, wildlife, and the conservation of the Gulf of Mexico and Caribbean Sea. The exhibits in the Texas State Aquarium are host to a variety of sea and land creatures which serve to educate and inspire attendees about the importance of wildlife conservation. The Texas State Aquarium Association opened the Gulf of Mexico Exhibit Building in 1990 and the Caribbean Journey in 2017. They have continued to grow and expand while raising further awareness and interest in sea and wildlife engagement and conservation. Historically, Parks and Recreation has provided funding to the South Texas Institute for the Arts, Inc., The Botanical and Nature Center of South Texas, Inc., and Texas State Aquarium Association through the Hotel Occupancy Tax Revenue. In FY21-22, the City of Corpus Christi provided $350,000 to the South Texas Institute for the Arts, Inc., $65,000, to the Botanical and Nature Center of South Texas, Inc., and $300,000 to the Texas State Aquarium Association. These non-profit, community-oriented organizations have produced several programs and activities which promote the arts. The Parks and Recreation Department fully supports continuation of the agreements between the City and South Texas Institute for the Arts, Inc., The Botanical and Nature Center of South Texas, Inc., and Texas State Aquarium Association. ALTERNATIVES: City Council may choose to not approve or delay consideration of this item. Disapproval or delay could result in negative impacts for South Texas Institute for the Arts, Inc., The Botanical and Nature Center of South Texas, Inc., and Texas State Aquarium Association. FISCAL IMPACT: The fiscal impact in FY23 for the Parks and Recreation Department is an amount not to exceed $755,000 through the Hotel Occupancy Tax Fund. FUNDING DETAIL: Fund: 1030 Hotel Occupancy Tax Organization/Activity: 13492 Art Museum of South TX 13812 Texas State Aquarium 13495 Botanical Gardens Mission Element: 734 Tourism Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends approval of this resolution authorizing agreements between the City of Corpus Christi and South Texas Institute for the Arts, Inc. and Texas State Aquarium Association. LIST OF SUPPORTING DOCUMENTS: Agreement—South Texas Institute for the Arts, Inc. Agreement—Texas State Aquarium Association Agreement— Botanical and Nature Center of South Texas, Inc. Budget Funding Chart - FY 2020 to FY 2023 FY 2020 - FY2O23 Budget Funding Chart Fiscal Year Organization Budgeted Amount Actual Expenditures FY 2020 Art Museum of South Texas $350,000 $350,000 Botanical Gardens $40,000 $40,000 TX State Aquarium $300,000 $300,000 Total Funding: $690,000 $690,000 FY 2021 Art Museum of South Texas $350,000 $350,000 Botanical Gardens $40,000 $40,000 TX State Aquarium $300,000 $300,000 Total Funding: $690,000 $690,000 FY 2022 Art Museum of South Texas $350,000 $350,000 Botanical Gardens $65,000 $65,000 TX State Aquarium $300,000 $300,000 Total Funding: $715,000 $715,000 FY 2023 Art Museum of South Texas $375,000 $375,000 Botanical Gardens $70,000 $70,000 TX State Aquarium $310,000 $310,000 Total Funding $755,000 $755,000 Adopted Per FY23: HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT SOUTH TEXAS INSTITUTE FOR THE ARTS This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and South Texas Institute for the Arts ("Recipient"), a Texas non-profit corporation. Whereas, City desires to encourage and fund activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code ("Tax Code"); and Whereas, Recipient desires to provide those activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. Now, therefore, City and Recipient agree as follows: I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax Revenue to fund activities produced by non-profit, community-oriented organizations, specifically those programs that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. II. Term. This Agreement commences on October 1, 2022, and terminates on September 30, 2023. III. Funding. City agrees to reimburse Recipient up to $375,000.00 out of FY 2022-2023 revenue from the City's Hotel Occupancy Tax Revenue fund for use in accordance with this Agreement and, more specifically, Section IV below (the "Grant Funds"). In no event will the City be liable for any amount expended by the Recipient in excess of the Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of the Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, referred to herein as the "Eligible Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) are in the categories of art that are eligible for funding as described in Sections 351.101(a)(3) and (4) and Section 351.101(b) of the Tax Code, copy attached as Exhibit "A"; and (C) promote both tourism and the convention and hotel industry within the territorial limits of the City of Corpus Christi. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's Eligible Activities. This may be accomplished by working to increase the number of out-of-town program attendees through targeted promotions and by working with the local hotel-motel and condominium associations. Page 1 of 7 VI. Completion Report. Recipient must submit to the City's Director of Management and Budget ("Director") a completion report ("Report"), no later than 30 days following the earlier termination or expiration of this Agreement. The Director, or his/her designee, shall review the Report to verify whether the Grant Funds provided to the Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Eligible Activities funded by the City served to promote the arts in the community. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy; (B) For all Eligible Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's arts program attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished by the use of a visitor log, by tallying the number of out-of-town billings, or by listing the out-of-town mailing addresses gathered through the ticket sales process. (C) An estimate of the total arts program attendance; (D) A statement of Recipient's arts program revenues and expenditures; and (E) The number of attendees that reside outside the City limits that attended the events described on Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for five years following the earlier termination or expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to: (A) at least annually make periodic reports to the City of its expenditures from the Grant Funds provided under this Agreement; and (B) make records of these expenditures available for review to the City. VIII. Disbursement of Funds. Funds are to be disbursed by the City on a reimbursement basis. Recipient is responsible to send each written request for reimbursement along with supporting documentation to the Director. Recipient understands and agrees that payment by the City of any Grant Funds under this Agreement is contingent upon the Recipient's full compliance with the requirements of this Agreement. Should the Director determine within five years from the effective date of this Agreement that the Recipient has failed to comply with the requirements contained in this Agreement, all Grant Funds received by the Recipient must be repaid to the City. IX. Unexpended funds. Upon the earlier termination or expiration of this Agreement, Recipient must submit all requests for reimbursement not later than 30 days following the earlier termination or expiration date. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Arts Program. Recipient must provide the Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its Eligible Activities. XI. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal-agent relationship between the parties. Page 2 of 7 XIII. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, State, county and City governments, in particular, Chapter 351 of the Tax Code. This Agreement is also subject to applicable provisions of the City Charter and the City Code of Ordinances. XIV. Non-discrimination. Recipient shall not discriminate nor permit discrimination against any person or group of persons as to employment or in the provision of services, activities, and programs. Discrimination, as it pertains to this section, includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. The Director retains the right to take any action deemed necessary to enforce this non-discrimination covenant. Any violation of this non-discrimination provision will result in the immediate termination of this Agreement. XV. Indemnity. Recipient fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or to any property loss or damage of any kind that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind pertaining to this Agreement or the Eligible Activities funded in part or in whole by this Agreement. Furthermore, Recipient shall indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise, rights, or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVI. Termination. (A) The City may terminate this Agreement for any of the following reasons: (1) The City may immediately terminate the Agreement due to any violation by Page 3 of 7 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon the expiration of 14 days' advance written notice, specifying that the Director has determined that Grant Funds were used for purposes other than those allowed under Section 351.101(a) of the Tax Code and require Recipient to reimburse the City all Grant Funds awarded. (3) The City may terminate this Agreement due to the Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. The Director has the sole discretion to make the determination that the Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advance written notice and require Recipient to reimburse the City all Grant Funds awarded. (B) Recipient may terminate this Agreement without cause upon 30 days' advance written notice to the City. If Recipient chooses to terminate the Agreement, Recipient must repay all Grant Funds awarded, whether those funds were expended on Eligible Activities or not. XVII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XVIII. Notices. All notices provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery or (2) deposit with the United States Postal Service (USPS) via certified mail, return receipt requested, postage prepaid. Notice deposited with the USPS in the manner described above will be deemed effective two business days after deposit with the USPS with proof of mailing. All notices must be made to: If to City: City of Corpus Christi If to Recipient: South TX Institute for the Arts Attn: Parks & Recreation Director Attn: Executive Director P.O. Box 9277 1901 N. Shoreline Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify the City of an address change within 10 days after Recipient's address has changed. XIX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. XX. Entirety. This Agreement and all exhibits attached constitute the entire understanding and agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. Page 4 of 7 XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without the prior written consent of the City Manager. XXIII. Disclosure of Interests. Recipient agrees to comply with City Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Recipient agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties form as part of this Agreement, if applicable. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Recipient agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at : http://www.cctexas.com/government/city- secretary/conflict-disclosure/index. This Agreement is effective upon the date of the last signature. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date: Date: Approved as to legal form: Assistant City Attorney SOUTH TEXAS INSTITUTE FOR THE ARTS Signature Name: Sara Morgan Title: Director Date: October 25, 2022 Page 5 of 7 EXHIBIT A Texas Tax Code, as amended. § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that wouldbe frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors' programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those Page 6 of 7 functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day- to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. THE ABOVE IS A SUMMARY OF A PORTION OF CHAPTER 351 OF THE TEXAS TAX CODE. IT IS THE RECIPIENT'S RESPONSIBILITY TO VERIFY THE CONTENT AND ACCURACY OF ANY APPLICABLE PROVISIONS OF TEXAS LAW IN ACCORDANCE WITH THIS AGREEMENT. Page 7 of 7 City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: South Texas Institute for the Arts dba Art Museum of South Texas STREET ADDRESS: 1902 N. Shoreline Blvd. P.O. BOX: CITY: Corpus Christi STATE: TX Zip: 78401 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Sara Morgan Title: Director Signature of Date: Certifying Person: � � �� October 25, 2022 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT TEXAS STATE AQUARIUM ASSOCIATION This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and Texas State Aquarium Association ("Recipient"), a Texas non-profit corporation. Whereas, City desires to encourage and fund activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code ("Tax Code"); and Whereas, Recipient desires to provide those activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. Now, therefore, City and Recipient agree as follows: 1. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax Revenue to fund activities produced by non-profit, community-oriented organizations, specifically those programs that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, II. Term. This Agreement commences on October 1, 2022, and terminates on September 30, 2023. III. Funding. City agrees to reimburse Recipient up to $310,000.00 out of FY 2022-2023 revenue from the City's Hotel Occupancy Tax Revenue fund for use in accordance with this Agreement and, more specifically, Section IV below (the "Grant Funds"). In no event will the City be liable for any amount expended by the Recipient in excess of the Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of the Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, referred to herein as the"E=ligible Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) are in the categories of art that are eligible for funding as described in Sections 351.101(a)(3) and (4) and Section 351.101(b) of the Tax Code, copy attached as Exhibit "A"; and (C) promote both tourism and the convention and hotel industry within the territorial limits of the City of Corpus Christi. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's Eligible Activities. This may be accomplished by working to increase the number of out-of-town program attendees through targeted promotions and by working with the local hotel-motel and condominium associations. Page 1 of 7 VI. Completion Report. Recipient must submit to the City's Director of Management and Budget ("Director") a completion report ("Report"), no later than 30 days following the earlier termination or expiration of this Agreement. The Director, or his/her designee, shall review the Report to verify whether the Grant Funds provided to the Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Eligible Activities funded by the City served to promote the arts in the community. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy; (B) For all Eligible Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's arts program attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished by the use of a visitor log, by tallying the number of out-of-town billings, or by listing the out-of-town mailing addresses gathered through the ticket sales process. (C) An estimate of the total arts program attendance; (D) A statement of Recipient's arts program revenues and expenditures; and (E) The number of attendees that reside outside the City limits that attended the events described on Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for five years following the earlier termination or expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to: (A) at least annually make periodic reports to the City of its expenditures from the Grant Funds provided under this Agreement; and (B) make records of these expenditures available for review to the City. VIII. Disbursement of Funds. Funds are to be disbursed by the City on a reimbursement basis. Recipient is responsible to send each written request for reimbursement along with supporting documentation to the Director. Recipient understands and agrees that payment by the City of any Grant Funds under this Agreement is contingent upon the Recipient's full compliance with the requirements of this Agreement. Should the Director determine within five years from the effective date of this Agreement that the Recipient has failed to comply with the requirements contained in this Agreement, all Grant Funds received by the Recipient must be repaid to the City. IX. Unexpended funds. Upon the earlier termination or expiration of this Agreement, Recipient must submit all requests for reimbursement not later than 30 days following the earlier termination or expiration date. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Arts Program. Recipient must provide the Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its Eligible Activities. XI. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal-agent relationship between the parties. Page 2 of 7 XIII. Compliance with taws. Recipient shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, State, county and City governments, in particular, Chapter 351 of the Tax Code. This Agreement is also subject to applicable provisions of the City Charter and the City Code of Ordinances. XIV. Non-discrimination. Recipient shall not discriminate nor permit discrimination against any person or group of persons as to employment or in the provision of services, activities, and programs. Discrimination, as it pertains to this section, includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. The Director retains the right to take any action deemed necessary to enforce this non-discrimination covenant. Any violation of this non-discrimination provision will result in the immediate termination of this Agreement. XV. Indemnity. Recipient fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or to any property loss or damage of any kind that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind pertaining to this Agreement or the Eligible Activities funded in part or in whole by this Agreement. Furthermore, Recipient shall indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise, rights, or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVI. Termination. (A) The City may terminate this Agreement for any of the following reasons: (1) The City may immediately terminate the Agreement due to any violation by Page 3 of 7 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon the expiration of 14 days' advance written notice, specifying that the Director has determined that Grant Funds were used for purposes other than those allowed under Section 351.101(a) of the Tax Code and require Recipient to reimburse the City all Grant Funds awarded. (3) The City may terminate this Agreement due to the Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. The Director has the sole discretion to make the determination that the Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advance written notice and require Recipient to reimburse the City all Grant Funds awarded. (B) Recipient may terminate this Agreement without cause upon 30 days' advance written notice to the City. If Recipient chooses to terminate the Agreement, Recipient must repay all Grant Funds awarded, whether those funds were expended on Eligible Activities or not. XVII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XVIII. Notices. All notices provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery or (2) deposit with the United States Postal Service (USPS) via certified mail, return receipt requested, postage prepaid. Notice deposited with the USPS in the manner described above will be deemed effective two business days after deposit with the USPS with proof of mailing. All notices must be made to: If to City: City of Corpus Christi If to Recipient: Texas State Aquarium Assn. Director, Parks & Recreation Attn: Executive Director P.O. Box 9277 2710 N. Shoreline Blvd. Corpus Christi, TX 78469-9277 Corpus Christi, TX 78402 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify the City of an address change within 10 days after Recipient's address has changed. XIX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. XX. Entirety. This Agreement and all exhibits attached constitute the entire understanding and agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. Page 4 of 7 XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without the prior written consent of the City Manager. XXIII. Disclosure of Interests. Recipient agrees to comply with City Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Recipient agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties form as part of this Agreement, if applicable. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Recipient agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at : http:l/www.cctexas.com/aovernmenVcit-- secretary/conflict-disclosure/index_ This Agreement is effective upon the date of the last signature CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date: Date: Approved as to legal form: Assistant City Attorney TEXAS STATE AQUARIUM ASSOCIATION Si ature r Name: u +13 f tis Title: c�R U?/ efb Date: /0,u, 2-2- Page 5 of 7 EXHIBIT A Texas Tax Code, as amended. § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that wouldbe frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors' programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those Page 6of7 functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day- to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351,101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. THE ABOVE IS A SUMMARY OF A PORTION OF CHAPTER 351 OF THE TEXAS TAX CODE. IT IS THE RECIPIENT'S RESPONSIBILITY TO VERIFY THE CONTENT AND ACCURACY OF ANY APPLICABLE PROVISIONS OF TEXAS LAW IN ACCORDANCE WITH THIS AGREEMENT. Page 7 of 7 i�� City of CITY OF CORPUS CHRISTI Corpus Chnsti DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: -r4eK�vs RaAaizuM R sS,�c1 STREET ADDRESS: ,2 71 a .S4 oX(--6we- gtvD, P.O. BOX: CITY: CJ R S Ci 2 is-/ + STATE: ZIP: $� 2 FIRM IS: 1. Corporation ❑ 2 Partnership 3. Sole Owner ❑ 4. Association ❑ 5 Other ® Sod 6 C"3) N'1N-*P;2 + If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NnNe— Job Title and City Department (if known) 2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title n�N e 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest' constituting 3% or more of the ownership in the above named 'firm." Name Ak�N� Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest'' constituting 3% or more of the ownership in the above named "firm." Name /Vo M Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: _J(Al la AOReS Title: sk VPI Cmc? Signature of � ©ate: Certifying Person: 10- 20 Z-2 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place ICertificate Number: of business. 2022-946861 Texas State Aquarium Association Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency t at is a party to the contract for which the form is 10/20/2022 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 111 Advertising for Tourism 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only H there is NO Interested Party. X 6 UNSWORN DECLARATION c Myname is :ui 10 ` ���5 and my date of birth is My address is 7 S 13 13e"7trre `A R v?f . 7 if Of 1 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. /� Executed in ue ee S County. State of / � on the U day of Oc+ber.,20 2-2-. (month) (year) XCS S-gnature o authorized agent of contracting business entity (Declarant) 16 J Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.8b4250f1 HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT BOTANICAL GARDENS This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and The Botanical and Nature Institute of South Texas, Inc. ("Recipient"), a Texas non-profit corporation. Whereas, City desires to encourage and fund activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code ("Tax Code"); and Whereas, Recipient desires to provide those activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. Now, therefore, City and Recipient agree as follows: 1. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax Revenue to fund activities produced by non-profit, community-oriented organizations, specifically those programs that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. 11. Terns. This Agreement commences on October 1, 2022, and terminates on September 30, 2023. Ill. Funding. City agrees to reimburse Recipient up to $70,000.00 out of FY 2022-2023 revenue from the City's Hotel Occupancy Tax Revenue fund for use in accordance with this Agreement and, more specifically, Section IV below (the "Grant Funds"). In no event will the City be liable for any amount expended by the Recipient in excess of the Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of the Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, referred to herein as the "Eligible Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) are in the categories of art that are eligible for funding as described in Sections 351.101(a)(3) and (4) and Section 351 A 01(b) of the Tax Code, copy attached as Exhibit "A''; and (C) promote both tourism and the convention and hotel industry within the territorial limits of the City of Corpus Christi. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's Eligible Activities. This may be accomplished by working to increase the number of out-of-town program attendees through targeted promotions and by working with the local hotel-motel and condominium associations. Page 1 of 7 VI. Completion Report. Recipient must submit to the City's Director of Management and Budget ("Director") a completion report ("Report"), no later than 30 days following the earlier termination or expiration of this Agreement. The Director, or his/her designee, shall review the Report to verify whether the Grant Funds provided to the Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Eligible Activities funded by the City served to promote the arts in the community. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy; (B) For all Eligible Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's arts program attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished by the use of a visitor log, by tallying the number of out-of-town billings, or by listing the nut-of-town mailing addresses gathered through the ticket sales process. (C) An estimate of the total arts program attendance; (D) A statement of Recipient's arts program revenues and expenditures; and (E) The number of attendees that reside outside the City limits that attended the events described on Exhibit A. Vil. Records Retention. Recipient must at all times during the term of this Agreement, and for five years following the earlier termination or expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to: (A) at least annually make periodic reports to the City of its expenditures from the Grant Funds provided under this Agreement; and (B) make records of these expenditures available for review to the City. VIII. Disbursement of Funds. Funds are to be disbursed by the City on a reimbursement basis. Recipient is responsible to send each written request for reimbursement along with supporting documentation to the Director, Recipient understands and agrees that payment by the City of any Grant Funds under this Agreement is contingent upon the Recipient's full compliance with the requirements of this Agreement. Should the Director determine within five years from the effective date of this Agreement that the Recipient has failed to comply with the requirements contained in this Agreement, all Grant Funds received by the Recipient must be repaid to the City. IX. Unexpended funds. Upon the earlier termination or expiration of this Agreement, Recipient must submit all requests for reimbursement not later than 30 days following the earlier termination or expiration date. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Arts Program. Recipient must provide the Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its Eligible Activities. XI. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. Xli. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal-agent relationship between the parties. Page 2 of 7 XIII. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, State, county and City governments, in particular, Chapter 351 of the Tax Code. This Agreement is also subject to applicable provisions of the City Charter and the City Code of Ordinances. XiV. Non-discrimination. Recipient shall not discriminate nor permit discrimination against any person or group of persons as to employment or in the provision of services, activities, and programs. Discrimination, as it pertains to this section, includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. The Director retains the right to take any action deemed necessary to enforce this non-discrimination covenant. Any violation of this non-discrimination provision will result in the immediate termination of this Agreement. XV. Indemnity. Recipient fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or to any property loss or damage of any kind that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind pertaining to this Agreement or the Eligible Activities funded in part or in whole by this Agreement. Furthermore, Recipient shall indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise, rights, or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands; attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVI. Termination. (A) The City may terminate this Agreement for any of the following reasons: (1) The City may immediately terminate the Agreement due to any violation by Page 3 of 7 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon the expiration of 14 days' advance written notice, specifying that the Director has determined that Grant Funds were used for purposes other than those allowed under Section 351.101(x) of the Tax Code and require Recipient to reimburse the City all Grant Funds awarded. (3) The City may terminate this Agreement due to the Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. The Director has the sole discretion to make the determination that the Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advance written notice and require Recipient to reimburse the City all Grant Funds awarded. (B) Recipient may terminate this Agreement without cause upon 30 days' advance written notice to the City. If Recipient chooses to terminate the Agreement, Recipient must repay all Grant Funds awarded, whether those funds were expended on Eligible Activities or not. XVII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XVIII. Notices. All notices provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery or (2) deposit with the United States Postal Service (USPS) via certified mail, return receipt requested, postage prepaid. Notice deposited with the USPS in the manner described above will be deemed effective two business days after deposit with the USPS with proof of mailing. All notices must be made to: If to City: City of Corpus Christi If to Recipient: Botanical and Nature Institute Attn: Parks & Recreation Director Attn: Executive Director P.O. Box 9277 8545 S. Staples St. Corpus Christi, TX 784699277 Corpus Christi, TX 78413 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify the City of an address change within 10 days after Recipient's address has changed. XIX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. XX. Entirety. This Agreement and all exhibits attached constitute the entire understanding and agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. Page 4 of 7 XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without the prior written consent of the City Manager. XXIII. Disclosure of Interests. Recipient agrees to comply with City Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Recipient agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties form as part of this Agreement, if applicable. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Recipient agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at : htt ://www.cctexas.com/ overnment/cit - secretary/conflict-disclosure/index. This Agreement is effective upon the date of the last signature. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date: Date: Approved as to legal form: Assistant City Attorney THE BOTANICAL AND NATURE INSTITUTE OF SOUTH TEXAS, INC. Sig ature Name: (GMe _ L")o M � Title: rCC-e UTIkiC. Date: Page 5 of 7 EXHIBIT A Texas Tax Code, as amended. § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation; performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that wouldbe frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors' programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those Page 6of7 functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day- to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. THE ABOVE 1S A SUMMARY OF A PORTION OF CHAPTER 359 OF THE TEXAS TAX CODE. IT 1S THE RECIPIENT'S RESPONSIBILITY TO VERIFY THE CONTENT AND ACCURACY OF ANY APPLICABLE PROVISIONS OF TEXAS LAW IN ACCORDANCE WITH THIS AGREEMENT. Page 7 of 7 City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST" Corpus Christi Code 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: STREET ADDRESS: } 7�3 1'.O. 10 : CITY: C Ls STATE: ZIP: /, FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name � � Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 4 Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name ( A / Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: At Lit __W Title: Signature of q/ Date: erson: Certifyrng P "& DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as nonprofit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture OF partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. se o v AGENDA MEMORANDUM N1ORPORpI First Reading for the City Council Meeting of January 10, 2023 1852 Second Reading for the City Council Meeting of January 24, 2023 DATE: December 8, 2022 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operations Officer for Corpus Christi Water michaelmur(a)cctexas.com (361) 826-3556 Final settlement to provide reimbursement for backflow prevention program CAPTION: Ordinance appropriating $1 ,300,000 from the settlement of State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsion, Inc., which was previously approved by City council on September 21 , 2021 , and which may only be used for a backflow prevention program in accordance with the settlement documents; and amending the operating budget. SUMMARY: Resulting from Cause No. D-1-GN-21-006395 State of Texas and City of Corpus Christi V. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. is an agreed final judgement. The judgement requires the City of Corpus Christi to achieve the objectives set forth in Attachment A of the agreement which is titled City of Corpus Christi Backflow Prevention Compliance Project. To achieve these objectives, the agreement provides funding of $1,300,000. These funds will be deposited into a trust fund from which the city will request disbursement. BACKGROUND AND FINDINGS: Corpus Christi Water has provided a work plan to utilize the settlement funds. The work plan is in full accordance with the established conditions and has been approved within the Agreed Final Judgement. As per the agreement, funding will be utilized for training, an inspection database, customer service inspections, backflow equipment, test kits, and storage of the equipment. CCW has identified vendors and service providers to meet the requirements of this agreement as the funding must be utilized within 365 days of the execution date. ALTERNATIVES: The City of Corpus Christi would not be in compliance with the final settlement. FISCAL IMPACT: The Backflow Prevention Compliance Project is the City's obligation in the final settlement agreement. The Project will be reimbursed through funds held in Escrow by TexPool deposited by Valero and Ergon as part of the final judgment. Funding Detail: Fund: 1052 Water Grants Organization/Activity: 806023L Mission Element: 063 Project # (CIP Only): n/a Account: various RECOMMENDATION: Staff recommends approval of the settlement agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreed Final Judgement Presentation Ordinance appropriating $1,300,000 from the settlement of State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsion, Inc., which was previously approved by City Council on September 21, 2021, and which may only be used for a backflow prevention program in accordance with the settlement documents; and amending the operating budget. WHEREAS, the parties to State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsion, Inc. have agreed to a settlement, which was approved by the judge on December 7, 2022; and WHEREAS, the settlement requires that the City of Corpus Christi use the settlement funds only for a backflow prevention program to help prevent a similar backflow issue in the future; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1 ,300,000.00 is appropriated in the Water Grants Fund No. 1052 for the settlement and the creation of the backflow prevention program. SECTION 2. The FY2022-23 Operating Budget adopted by Ordinance No. 032855 is amended to increase revenues and expenditures by $1 ,300,000.00. SECTION 3. This Ordinance takes effect upon approval by City Council. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Cause No. D-1-GN-21-006395 STATE OF TEXAS and 5 IN THE DISTRICT COURT CITY OF CORPUS CHRISTI, 5 Plaintiffs, 5 V. TRAVIS COUNTY, TEXAS VALERO MARKETING AND SUPPLY COMPANY and ERGON ASPHALT AND EMULSIONS, INC., Defendants. 250th JUDICIAL DISTRICT AGREED FINAL JUDGMENT Plaintiffs, the State of Texas (the State) and the City of Corpus Christi (the City), and Defendants, Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc., submit to the Court this Agreed Final Judgment (Judgment). By presenting this Judgment to the Court, the State of Texas announces that it has published notice of this Judgment in the Texas Register for thirty days as required by Texas Water Code section 7.110 and received no comments that demonstrate that the proposed settlement is inappropriate, improper, inadequate, or inconsistent with applicable law. Therefore, by the duly authorized signatures subscribed to this Judgment, all parties represent to the Court that they agree to the terms of this Judgment, and the Judgment represents the compromise and settlement of any Filed on 12/7/2022 3:06:43 PM Travis County District Clerk, Velva L. Price and all claims and causes of action that were placed in issue or could have been placed in issue by the Plaintiffs' Original Petition filed in this case. This Judgment resolves any and all claims of the State and the City against Defendants identified and described in the Plaintiffs' Original Petition for alleged violations of the Corpus Christi City Code, including but not limited to the City-adopted portions of the International Plumbing Code, the International Building Code, and the Property Maintenance Code, incorporated therein by reference (the City Code), and the Texas Health and Safety Code, Chapter 341 (Chapter 341). Plaintiffs allege in Plaintiffs' Original Petition that one or both of the defendants violated the City Code and Chapter 341 at facilities they own or operate located at 6746 Up River Road in Corpus Christi, Texas during a time period that began in 2005 and ended in December 2016. The Court finds that it has jurisdiction over the subject matter of this action pursuant to Chapter 341 of the Texas Health and Safety Code and Chapter 7 of the Texas Water Code. The Court finds this Judgment to be proper, necessary, and in the best interest of justice, and approves this Judgment. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final judgment Page 2 of 29 IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED as follows: 1. DEFINITIONS 1.1 As used in this Judgment, the words and terms set forth below have the following meanings: A. "City" means the City of Corpus Christi. B. "City Code" means the Corpus Christi City Code, including but not limited to City-adopted portions of the International Plumbing Code, the International Building Code, and the Property Maintenance Code, incorporated therein by reference. C. "Days" means calendar days. D. "Defendants" means Valero and Ergon, as those terms are defined herein. E. "Effective Date" means the date on which the Court signs this Judgment. F. "Ergon" means Defendant Ergon Asphalt and Emulsions, Inc., its officers, directors, managers, principals, partners, owners, employees, agents, servants, and all persons in active concert or participation with Ergon, on its behalf or under its control. G. "Judgment" means this Agreed Final Judgment. H. "Parties" means the State, the City, Valero, and Ergon, as those terms are defined herein. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 3 of 29 I. "Plaintiffs" means the State and the City, as those terms are defined herein. J. "Project Funds" are all amounts required to be paid to Texas Treasury Safekeeping Trust Company in accordance with this Judgment. K. "State" means the State of Texas. L. "TCEQ" means the Texas Commission on Environmental Quality. M. "Valero" means Defendant Valero Marketing and Supply Company, its officers, directors, managers, principals, partners, owners, employees, agents, servants, and all persons in active concert or participation with Valero, on its behalf or under its control. 2. COMMITMENTS BY THE PARTIES 2.1 The Parties acknowledge receipt of a copy of this Judgment, are aware of the duties placed upon them in this Judgment, and are desirous and capable of carrying out those duties in full. 3. OBLIGATIONS OF THE CITY 3.1 The City is ordered by this Court to implement and timely carry out the duties and responsibilities placed on the City in the Backflow Prevention Compliance Project that is set forth in full in Attachment A, attached to this Judgment and incorporated herein. Nothing in this Judgment or the Backflow Prevention Compliance Project limits or excuses the City's obligations under State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 4 of 29 federal, state, or local laws. 4. CIVIL PENALTIES 4.1 The State of Texas shall have judgment against Valero for civil penalties in the amount of SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($625,000.00). 4.2 The State of Texas shall have judgment against Ergon for civil penalties in the amount of SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($625,000.00). 4.3 The City of Corpus Christi shall have judgment against Valero for civil penalties in the amount of SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000.00). 4.4 The City of Corpus Christi shall have judgment against Ergon for civil penalties in the amount of SIX HUNDRED FIFTY THOUSAND DOLLARS ($650,000.00). 5. ATTORNEYS' FEES 5.1 The State of Texas shall have judgment against Valero for attorney's fees in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). 5.2 The State of Texas shall have judgment against Ergon for attorney's fees in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final judgment Page 5 of 29 6. PAYMENT TO STATE 6.1 Defendants shall make payment on the amounts awarded to the State in this Judgment as follows: A. Valero shall pay $650,000.00 to the State no later than thirty (30) Days after the Effective Date of the Judgment. B. Ergon shall pay $650,000.00 to the State no later than thirty (30) Days after the Effective Date of the Judgment. 6.2 All amounts required to be paid to the State in accordance with this Judgment shall be paid by certified checks made payable to the "State of Texas" and shall reference "AG No. CX2939695872." Checks shall be delivered to Division Chief, Environmental Protection Division, Office of the Attorney General, P.O. Box 12548, MC-066, Austin, Texas 78711-2548. 7. PAYMENT TO FUND THE BACKFLOW PREVENTION PROJECT 7.1 Defendants shall make payment on the amounts awarded to the City (Project Funds) in this Judgment as follows: A. Valero shall pay $650,000.00 to the Texas Treasury Safekeeping Trust Company no later than thirty (30) Days after the Effective Date of the Judgment. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 6 of 29 B. Ergon shall pay $650,000.00 to the Texas Treasure Safekeeping Trust Company no later than thirty (30) Days after the Effective Date of the Judgment. 7.2 Defendants shall deposit the Project Funds into the Escrow Account described by the attached Escrow document, which is administered by the Texas Treasury Safekeeping Trust Company, no later than thirty (30) Days after the Effective Date of this Judgment, according to instructions received from the TexPool administrator and investment manager: Federated Hermes, Attn. Denise Hamala, Unit Manager, TexPool Participant Services, 1001 Texas Avenue, Suite 11501, Houston, Texas 770021 Phone: 1-866-839-76651 Email: Denise.Hamala@FederatedHermes.com. Any funds remaining after completion of the Backflow Prevention Compliance Project shall be handled in accordance with the terms specified in Attachment A. 8. RESERVATION OF RIGHTS 8.1 Except as specifically provided in Section 9 of this Judgment, the State and the City each reserve, and this Judgment is without prejudice to, all other rights against Defendants, including the right to seek penalties or injunctive relief. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 7 of 29 8.2 This Judgment shall not be construed in any way to relieve Defendants, the City, or their agents or contractors from the obligation to comply with any federal, state, or local law. 8.3 The State and the City reserve all legal and equitable remedies to address any endangerment to public health or welfare arising at or posed by Defendants' facilities for operations occurring after December 15, 2016. 8.4 The State and the City reserve all legal and equitable remedies available to enforce the provisions of this Judgment. 9. RELEASE 9.1 Upon full payment of the civil penalties in accordance with Paragraphs 6.1, 6.2, 7.1, and 7.2 of this Judgment, Defendants are released and discharged from any and all liability to Plaintiffs for all claims and causes of action that were placed in issue, or could have been placed in issue, by the State or the City that may have occurred before December 14, 2016, based on the failure to ensure against a backflow or siphonage of contaminated water into the drinking water supply as alleged in Plaintiffs' Original Petition at facilities located at 6746 Up River Road in Corpus Christi, Texas, owned or operated by Defendants, including violations of Chapter 341 and violations of the City Code. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 8 of 29 10. RETENTION OF JURISDICTION 10.1 This Court retains jurisdiction over both the subject matter of this Judgment and the Parties until Defendants are released pursuant to Paragraph 9.1 of this Judgment. Thereafter, this Court retains jurisdiction over the Project Funds for the duration of the performance of the terms and provisions of this Judgment for the purpose of enabling Plaintiffs to apply to the Court at any time for such further direction or relief as may be necessary or appropriate for the construction or modification of this Judgment, to effectuate or enforce compliance with its terms, or to resolve disputes related to it. 11. POST JUDGMENT INTEREST 11.1 Defendants shall pay post-judgment interest on all amounts required to be paid under this Judgment at the legal rate of 5.00 percent per annum from the date that the amounts are five (5) Days overdue, until paid. 12. GENERAL PROVISIONS 12.1 This Judgment constitutes the entire agreement between the Parties and supersedes any and all prior agreements or understandings between the Parties relating to the referenced cause. 12.2 Nothing in this Judgment shall be construed to create any rights in, or State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 9 of 29 grant any cause of action to, any person not a party to this Judgment. 12.3 This Judgment may be executed in multiple parts, which together shall constitute a single original instrument. Any executed signature page to this Judgment may be transmitted by facsimile or email to the other Party, which shall constitute an original signature for all purposes. 12.4 The State and the City shall be allowed such writs and processes as may be needed for the enforcement of this Judgment. 12.5 Each of the undersigned representatives of a party to this Judgment certifies that he or she is fully authorized to enter into the terms and conditions of the Judgment and to legally execute and bind that party to this Judgment. 12.6 The Parties waive any appeal from this Judgment. 12.7 This Judgment is final and disposes of all parties and all claims in this cause. Signed this 7th day of _ December --12022. /�!�c� fLJ DGE P ESIDING KARIN CRUMP 250th DISTRICT COURT State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 10 of 29 AGREED TO AND ENTRY REQUESTED BY: KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General GRANT DORFMAN Deputy First Assistant Attorney General SHAWN COWLES Deputy Attorney General for Civil Litigation PRISCILLA M. HUBENAK Chief, Environmental Protection Division /sl Kellie E. Billings-Ray KELLIE E. BILLINGS-RAY Deputy Chief, Environmental Protection Division State Bar No. 24040447 Kellie.Billings-Ray@oag.texas.gov OFFICE OF THE ATTORNEY GENERAL OF TEXAS ENVIRONMENTAL PROTECTION DIVISION P.O. Box 12548, MC-066 Austin, Texas 78711-2548 (512) 463-2012 ATTORNEYS FOR THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 11 of 29 JAA' 0�1" Alci AIMEE ALCORN-REED State Bar No. 24o83385 Assistant City Attorney on Behalf of MILES RISLEY State Bar No. 00786198 milesr@cctexas.com City Attorney, City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Phone: (361) 826-336o Fax: (361)826-3113 NATHAN E. VASSAR State Bar No. 240795o8 nvassar@Iglawfirm.com LLOYD GOSSELINK ROCHELLE &TOWNSEND, P.C. 816 Congress Ave., Suite 19oo Austin, Texas 78701 Phone: (512) 322-5867 Fax: (512) 472-0532 ATTORNEYS FOR THE CITY OF CORPUS CHRISTI State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 12 of 29 VALERO PARKER WILSON State Bar No. 00792919 Parker.Wilson@valero.com Valero One Valero Way San Antonio, Texas 78249 (210) 345-5894 (210) 345-4567 fax ATTORNEY FOR DEFENDANT VALERO MARKETING AND SUPPLY COMPANY State of Texas and Cite of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Paye L3 of 29 BAKER BOTTS LLP J MOLLY CA&XLE State Bar No. 03591800 Molly.Cagle@bakerbotts.com BAKER BOTTS LLP 98 San Jacinto Blvd. Suite 1500 Austin, Texas 78701 (512) 322-2535 (512) 322-3635 fax ATTORNEY FOR DEFENDANT ERGON ASPHALT AND EMULSIONS, INC. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 14 of 29 ATTACHMENT A CITY OF CORPUS CHRISTI BACKFLOW PREVENTION COMPLIANCE PROJECT State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 15 of 29 ATTACHMENT A CITY OF CORPUS CHRISTI BACKFLOW PREVENTION COMPLIANCE PROJECT 1. The City of Corpus Christi ("City") shall implement and complete the Backflow Prevention Compliance Project ("Project") set forth in this Project document. The Texas Commission on Environmental Quality ("TCEQ") will have oversight of the Project and track the requirements to be performed by the City. Funds shall be disbursed to the City in amounts specified and approved by the TCEQ. The total amount of $1,300,000 and any proceeds from the funds shall be dedicated to being spent on the Project ("Project Funds"). 2. The purpose of the Project is to protect the public drinking water supply of the City of Corpus Christi by reducing the likelihood of the future occurrence of contamination of the public water supply caused by backflow into the public water system through interconnection and to enhance responses to future backflow incidents. The effective date is the date the Agreed Final Judgment, in this case, is signed by the Court ("Effective Date"). 3. Pursuant to the Agreed Final Judgment, Project Funds shall be deposited with the Texas Treasury Safekeeping Trust Company ("Trust Company") in accordance with the Agreed Final Judgment. These funds are not owned by the State of Texas and are not subject to legislative appropriation. Project Funds shall be used only as prescribed in this Project document and as approved by the TCEQ. 4. The Trust Company, as appointed by the TCEQ and the City, is empowered to manage, disburse, transfer, safekeep, and invest funds and securities to help the City implement the Project. Unless otherwise stated in this Project document, Project Funds will be approved only for work performed under the Project. The City may provide disbursement requests to TCEQ no more frequently than monthly. Such requests will provide the information required by Section 4 of the Escrow document. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 16 of 29 If the City has complied with this Project document, the TCEQ will have up to thirty (3 0) days to approve the Letter of Instructions and submit it to the Trust Company. If the City has not complied with the obligations of this Project document, the TCEQ has the discretion to deny or delay such disbursements until the City is in full compliance. If the City is in full compliance and such disbursements are not provided to the City within thirty (30) days of the City's disbursement requests, the City may suspend implementation of the Project at its discretion until outstanding disbursement payments are provided. Suspension of the project does not relieve the City of its existing and ongoing obligations under federal, state, or local law. 5. The City shall respond completely and adequately, as determined by the TCEQ, to all requests for information concerning any disbursement request within fifteen (15) days after the date of such request or by any other deadline specified in writing. 6. The Escrow document shall define and establish a fund to be held by the Trust Company. The creation of the fund is to manage Project Funds to be used on specified tasks to be performed by the City to implement and complete the Project. The Project Funds will be on deposit with the Trust Company pursuant to the Escrow document to be executed between the City and the Trust Company. The Escrow document is provided as Attachment A-1. The release of Project Funds requires the approval of the TCEQ. Project Funds cannot be used by the City for any purpose other than the Project. Project Funds may not be used for administrative, indirect or overhead costs incurred by the City. In addition, during the term of the Project, the City may not receive or solicit reimbursement for the installation or repair of backflow assemblies from the City's commercial/industrial customers that require backflow prevention assemblies to the extent such installation or repair is funded by the Project Funds. The City may, however, receive and solicit reimbursement from the City's commercial/industrial customers for administrative, indirect and/or overhead costs incurred by the City that are not funded by the Project Funds. The parties do not anticipate that the Trust Company will charge any fees to maintain or administer the Escrow account. However, the parties agree that the Trust Company may withdraw Project Funds for any fees or expenses that may be State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 17 of 29 required pursuant to the Escrow document. 7. The Project Funds shall be maintained by the Trust Company as a separate and distinct fund outside the Texas State Treasury. All money and securities within the Escrow Account(s) shall be held, administered, invested, and disbursed solely in accordance with the provisions of the Escrow document and this Project document. The Trust Company exists and functions pursuant to Texas Government Code, Chapter 404. 8. Within 180 days after the Effective Date, the City shall: i. Develop and conduct an employee training program to increase the effectiveness of the City's backflow prevention program on its commercial/industrial connections by certifying additional City employees to test backflow prevention devices. In addition to testing, City training provided for applicable City staff and applicable contractors shall include instruction on proper installation, maintenance, and repair of backflow assemblies, and shall provide education on state and municipal backflow prevention/cross-connection compliance requirements. The City shall also include cross-connection and backflow prevention training for water utility personnel, field staff, repair and maintenance staff, and meter readers to enable the identification of actual and potential backflow/cross-connection problems and response. Training shall include instruction on permanent backflow prevention assemblies and assemblies used on a temporary basis or on special applications. ii. Acquire the appropriate equipment the City will need to perform testing of backflow prevention assemblies and to enhance the City's response to backflow incidents. An initial list of pre- approved training and equipment needed for the Project is provided as Attachment A-2. The City and the TCEQ may agree to supplement necessary equipment beyond the equipment identified in Attachment A-2 as needed during the term of the Project. In order to implement the Project, the City and the TCEQ may agree to authorize additional expenditures for training and State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 18 of 29 equipment. After this Project is fully performed, the City may continue to utilize equipment, including backflow device stock, used in the Project for the purpose of testing, inspecting, installing, maintaining, and repairing backflow assemblies. iii. Submit to the TCEQ for review and approval the City's plan to respond to future potential backflow incidents. The plan shall include procedures to coordinate and expedite response actions to backflow incidents. The plan shall designate an emergency response manager and backup emergency response manager and identify a critical management team including emergency responders, TCEQ regional office personnel, and water utility officials. The plan shall provide a contingency for alternate drinking water supplies and include a public notification program. In addition, the plan shall also incorporate procedures for emergency testing and monitoring. The TCEQ acknowledges receipt of the City's Water System Preparedness and Incident Response Plan on December 13, 2018, and acknowledges that plan may be periodically amended. The TCEQ has reviewed and approved said plan as meeting these requirements. 9. Within 200 days after the Effective Date, the City shall submit written certification, receipts, and other records as necessary to demonstrate compliance with Paragraphs 8.i. through 8.iii. to: Office of Compliance and Enforcement Texas Commission on Environmental Quality Enforcement Division, MC 149A P.O. Box 13087 Austin, Texas 78711-3087 The City shall provide electronic copies of the above-referenced certification to: State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 19 of 29 Litigation Division Texas Commission on Environmental Quality MC 175 P.O. Box 13087 Austin, Texas 78711-3087 backflow@tceq.texas.gov Financial Administration Division Texas Commission on Environmental Quality MC 181 P.O. Box 13087 Austin, Texas 78711-3087 backflow@tceq.texas.gov and Water Section Manager Corpus Christi Regional Office NRC Building, Suite 1200 6300 Ocean Drive, Unit 5839 Corpus Christi, Texas 78412-5839 backflow@tceq.texas.gov 10. Within 260 days after the Effective Date, the City or the City's contractor shall develop a database designed to assist in the management of the City's backflow prevention data and assist in compliance with state and municipal backflow regulatory requirements. The database shall include an inventory of all identified connections that require backflow prevention assemblies and document the risk category of each connection as well as the potential impact of identified connections that pose a critical risk to the water supply and public health and safety. The database shall be able to schedule and track performance testing of backflow prevention assemblies and maintain complete records of performance testing. The database shall maintain information of previous and future customer service inspections ("CSIs") and affidavits certifying backflow compliance signed and sealed by a professional engineer licensed in the State of Texas ("Affidavit") as well as annual assembly testing and certification. The database shall also document State of Texas and City of Corpus Cristi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 20 of 29 device details and a complete history of each assembly, including maintenance, repair and replacement. Finally, the database shall be enabled to incorporate the City's GIS system with the location of each commercial/industrial backflow prevention assembly. 11. Within 280 days after the Effective Date, the City shall submit written certification, receipts, and other records as necessary to demonstrate compliance with Paragraph 10 to the addresses provided in Paragraph No. 9 above. 12. Within 365 days after the Effective Date, the City shall conduct an assessment of its commercial and industrial connections to its water distribution system. The assessment shall identify commercial/industrial connections that are required to have backflow prevention assemblies in accordance with 30 Texas Administrative Code section 290.44(h). The assessment shall determine, for each commercial/industrial connection, whether an actual or potential health or non-health hazard exists, as defined in 30 Texas Administrative Code sections 290.38(35) and 290.38(57), respectively, and, if so, the required assembly, as listed in section 290.47(f). The City shall document the findings of its assessment in a written inventory, provided to the TCEQ. Furthermore, the written inventory shall include the following information: i. For commercial/industrial connections with backflow prevention assemblies, the location of assemblies at each connection; the type of device(s) installed; the date/status of most recent CSI, if available, or Affidavit; and the date/status of the most recent performance test of each connection's backflow prevention assembly, if available; ii. For commercial/industrial connections that are required to have a backflow prevention assembly or assemblies and that are without backflow prevention protection, the type of device(s) required and the date/status of the most recent CSI, if available, or Affidavit; and State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 21 of 29 iii. For commercial/industrial connections where an actual or potential hazard exists, whether an internal cross-connection control program is in effect, in accordance with 30 Texas Administrative Code section 290.44(h). 13. Within 400 days after the Effective Date, the City shall submit written certification, receipts, and other records as necessary to the TCEQ to demonstrate compliance with Paragraphs 12.i. through 12.iii. to the addresses provided in Paragraph No. 9 above. 14. Within 365 days after the Effective Date, the City shall: i. Conduct CSIs for the customers without the required backflow assemblies in accordance with 30 Texas Administrative Code section 290.46(j) or obtain an Affidavit on applicable industrial/commercial connections identified in the assessment required by Paragraphs 12.i. and ii. above that require a new CSI or an Affidavit. The City may contract with a vendor to perform the CSIs; and ii. Conduct performance tests of backflow prevention assemblies at applicable industrial/commercial connections identified in the assessment required by Paragraph 12.i. above, and, if appropriate, replace or repair the device(s) and retest the device(s) at each connection with a new or repaired backflow prevention assembly. The City shall test or have tested backflow prevention assemblies in accordance with 30 Texas Administrative Code section 290.44(h). Installation or repair of backflow assemblies under this Project is a one-time activity; and iii. Install backflow prevention assemblies and conduct performance tests of applicable industrial/commercial devices at applicable connections identified in Paragraph 12.ii. above. The City shall test or have tested installed backflow prevention assemblies in accordance with 30 Texas Administrative Code section 290.44(h). Such installation and testing under this Project is a one- time activity. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 22 of 29 15. Within 400 days after the Effective Date, the City shall submit written certification, receipts, and other records as necessary to the TCEQ to demonstrate compliance with Paragraphs 14.i. through 14.iii. to the addresses provided in Paragraph No. 9 above. 16. The City shall use Project Funds only as specified by this Project document and authorized by the TCEQ. Authorizations and funding shall not be unreasonably withheld. All authorizations contemplated for the Project, including, but not limited to, disbursement requests, are subject to approval of the TCEQ in Austin, Texas. 17. The City shall use all Project Funds as needed to complete all tasks required under the Project. Project Funds shall be used only to fund the Project. Requests for the disbursement of Project Funds to fund matters not part of the Project will not be approved by the TCEQ. The City may use Project Funds to perform the Project requirements using methodologies, techniques, and strategies it determines necessary to protect the City's drinking water distribution system from the harm of potential or actual contamination hazards. The City may, but is not required to, use funds other than Project Funds to perform and complete Project requirements. There shall be no unexpended Project Funds at the completion of the Project. 18. The City's obligations for the Project as specifically provided in this document shall not extend beyond the depletion of all Project Funds on the Project. 19. The City may request the TCEQ approval of extensions of the timeframes provided for in this Project. The TCEQ may grant such extensions upon a written and substantiated showing of good cause. All requests for extensions shall be made in writing to the Executive Director of the TCEQ. An extension is not effective until the City receives written approval from the Executive Director of the TCEQ or his designated representative. The determination of what constitutes good cause rests solely with the Executive Director of the TCEQ. An extension request shall be sent to the Order Compliance Team at the address listed in State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 23 of 29 Paragraph No. 9 above. 20. The City will use best efforts to accomplish all of the tasks identified in this Project document with the Project Funds provided herein. Unexpended Project Funds remaining at the end of the Project may be expended for additional training, equipment, and inventory of items described in Attachment A-2. The City may also seek approval to expend Project Funds on additional training, equipment, and inventory related to the City's obligations under the Project but not listed in Attachment A-2. 21. The performance of and compliance with the Project does not exempt the City from the requirement to implement and maintain an effective cross-connection (backflow prevention) program pursuant to the Texas Water Code, TCEQ rules, and applicable City ordinances. 22. Within 60 days after the completion of the Project, the City shall submit a final accounting for approval to the TCEQ. The final accounting shall demonstrate a zero balance and shall demonstrate that Project Funds were spent on the Project in accordance with this Project document. The return of unexpended funds to the City will not be approved by the TCEQ. 23. The City contact for the Project is the City Manager or person designated in writing by the City Manager to the addresses provided in Paragraph No. 9 above. The TCEQ contacts for the Project are provided in Paragraph No. 9 above. The TCEQ may change the above addresses by providing in writing an updated address to the City. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 24 of 29 ATTACHMENT A-1 ESCROW DOCUMENT State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 25 of 29 Escrow Agreement for the City of Corpus Christi This Escrow Agreement(the "Agreement") is made and entered into by the City of Corpus Christi,Texas, and the Texas Treasury Safekeeping Trust Company(the "Trust Company"or the"Escrow Agent"),together with any successor in such capacity. WHEREAS,the Trust Company is authorized to receive,transfer, and disburse money and securities belonging to the state,agencies, and local political subdivisions of the state, and nonprofit corporations,foundations, and charitable organizations created on behalf of the state or an agency or local political subdivision of the state under section 404.103,Texas Government Code; WHEREAS, pursuant to an Agreed Final Judgment(the"AFJ") involving the State of Texas(the"State")and the City of Corpus Christi (the"City"or the"Plaintiffs"), against Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. (the"Defendants"),the City will accept and comply with the obligations of the AFJ and the Backflow Prevention Compliance Project(the"Project")to use funds paid by Defendants for the purpose of funding the Project in the amount of$1,300,000.00. WHEREAS, a condition of the AFJ and the Project is the deposit of funds paid by Defendants for the Project in escrow with the Escrow Agent subject to being withdrawn only as authorized by the Executive Director of the Texas Commission on Environmental Quality(the"TCEQ"),as specified by the Project. WHEREAS, pursuant to section 404.103,Texas Government Code; Chapter 791,Texas Government Code(the Interlocal Cooperation Act); and Chapter 2256,Texas Government Code(the Public Funds Investment Act,the"PFIA"),the Trust Company manages the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool; and WHEREAS,on or about September 11,2020,the City of Corpus Christi entered into a TexPool Investment Pools Participation Agreement with the Comptroller of Public Accounts acting through the Trust Company, as Trustee of the Texas Local Government Investment Pools. WHEREAS,the PFIA, section 2256.016(d),Texas Government Code, authorizes the City to delegate to an investment pool the authority to hold legal title as custodian of investments purchased with City funds. In addition,these funds are not owned by the state of Texas and are not subject to legislative appropriation. NOW, THEREFORE, in consideration of the mutual promises and agreements and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, and to secure the delivery of the Project requirements,the City and the Trust Company,as Trustee of the Texas Local Government Investment Pools, mutually undertake, promise, and agree for themselves, their respective representatives and successors, as follows: Section 1: ESCROW ACCOUNT(S). Upon the delivery of the funds described above, in the amount of$1,300,000.00(the"Project Funds")shall be deposited with and held in escrow in TexPool to the credit of an escrow account on behalf of the City; and except for purposes of investment as authorized herein,the Project Funds, and any proceeds related thereto, shall not be commingled with any other accounts or with any other proceeds or funds.The Escrow Agent shall have no right to title with respect to the Project Funds except as Escrow Agent under the terms of this Agreement. The parties shall execute all documents necessary to establish the escrow account(s)with the entity hereby designated to hold such Funds—the Escrow Agent.The escrow account(s)described in the preceding sentence shall be referred to herein as the "Escrow Account(s)."The Escrow Account(s)shall be titled "City of Corpus Christi Backflow Prevention Compliance Project" and shall not be subject to warrants,drafts, or checks drawn by the City.The City Manager or designee is authorized to execute all documents required to establish the Escrow Account(s)on behalf of the City.The Project Funds held in the Escrow Account(s)shall be disbursed or withdrawn strictly to pay the costs of the Project in accordance with the Project and solely upon written authorization from the Executive Director of the TCEQ or his designated representative.The Escrow Agent shall ensure that the Escrow Account(s)are established to provide to the City Manager or his/her designee and to the Executive Director of the TCEQ or his designated representative the Escrow Account(s)' regular monthly statements. Section 2: INVESTMENTS.While the Project Funds are held in escrow,the Escrow Agent shall only invest escrowed funds in accordance with the Participation Agreement between the City of Corpus Christi and the Trust Company, under the TexPool Investment Pools Investment Policies for the investment and management of funds in TexPool Investment Pools consistent with the PFIA.All interest earned shall be deposited in the Escrow Account(s)and shall become part of the Escrow Account(s)to be used on the Project.All losses resulting from the investment of the Funds shall be charged against the Escrow Account(s). Form Continues on Next Page 1 of 3 Agreement(contin -. Section 3: DISBURSEMENTS.The Escrow Agent shall not honor any disbursement from the Escrow Account(s),or any portion thereof, unless and until it has been supplied with written approval and consent by the Executive Director of the TCEQ or his designated representative. However, no written approval and consent by the Executive Director of TCEQ shall be required if the disbursement involves transferring funds from one investment to another within the Escrow Account(s) provided that all such investments are consistent with the PFIA requirements. Disbursements of the Project Funds to the City shall be pursuant to written "Letter of Instructions," prepared by the City and delivered to the TCEQ, approved by the TCEQ, and submitted to the Escrow Agent. Each Letter of Instructions shall state with specificity(i)the amount of money to be paid or transferred out of the Escrow Account(s); (ii)the City banking account(s)to which the Funds will be transferred by the Escrow Agent; (iii)an itemization of the costs and expenses covered by the Letter of Instructions, including the names of the contractors,subcontractors or other vendors or payees for whose fees or charges reimbursement is being requested; (iv)the requested date of such transfer; (v)the certification of the City Manager or designee that such requested disbursement is a proper expenditure under the Project; (vi)verification by the TCEQ that it approves of the City's certification and that such requested disbursement is a proper expenditure authorized by the Project and this Agreement; and that the TCEQ approves the disbursement. Upon receipt of the Letter of Instructions, signed by the TCEQ, no later than 10 business days thereafter,the Escrow Agent shall promptly disburse the requested funds to the City. Section 4: UNEXPENDED FUNDS.Any funds remaining unexpended in the Escrow Account(s) after completion of the Project, including any proceeds from Project Funds, and after the final accounting has been submitted to and approved by the TCEQ shall be transferred or otherwise disposed of in accordance with the terms of the AFJ and the Project as determined by the TCEQ or as otherwise approved and authorized by the TCEQ.The City shall deliver to the Escrow Agent written instructions regarding the final disposition of unexpended funds along with copies of the TCEQ's approval of the final accounting and the TCEQ's approval of final disposition of unexpended funds hereunder. In making a final disposition of unexpended funds pursuant to this section,the Escrow Agent shall rely entirely on the City's instructions and the TCEQ's written approvals related thereto and shall have no obligation to ensure that such unexpended funds are used as required pursuant to the AFJ,the Project,or any other agreement or instrument to which it is not a party. Section 5: CERTIFICATIONS.The Escrow Agent shall be authorized to accept and rely upon the certifications and documents furnished to the Escrow Agent by the City through the TCEQ as approved by the TCEQ and shall not be liable for the payment of any funds made in reliance in good faith upon such certifications or other documents or approvals, as herein recited. Section 6: LIABILITY OF ESCROW AGENT.To the extent permitted by law,the Escrow Agent shall not be liable for any act done or step taken or omitted by it or any mistake of fact or law, except for its negligence or willful misconduct of the Escrow Agent in the performance of any obligation imposed upon it hereunder. Section 7: RECORDS/REPORTS.The Escrow Agent shall keep complete and correct books of record and account relating to the receipts,disbursements, allocations, and application of the money deposited to the Escrow Account(s), and investments of the Escrow Account(s)and all proceeds thereof.The records shall be available for inspection and copying at reasonable hours and under reasonable conditions by the City or by the TCEQ.The Escrow Agent shall submit to the TCEQ at the addresses provided in Paragraph No.9 of the Project document and the City Manager or his/her designee after the end of each month,a report of its transactions during the month and the balance of funds in the account(s). Section 8:AMENDMENTS.This Agreement may be amended from time-to-time as necessary with the written consent of the City Manager and the TCEQ, but no such amendments shall increase the liabilities or responsibilities or diminish the rights of the Escrow Agent without its consent. Section 9:TERMINATION.This Agreement may be terminated by the Escrow Agent or,with the approval of the TCEQ, by the City. The City and the TCEQ are responsible for ensuring that the following criteria are satisfied in selecting the successor escrow agent: (a)the successor escrow agent must be an FDIC-insured state or national bank designated by the Texas Comptroller as a state depository; (b)the successor escrow agent must be retained prior to or at the time of the termination; (c)an escrow agreement must be executed by and between the City and the successor escrow agent and must contain the same or substantially similar terms and conditions as are present in this Agreement; and (d)the City must forward a copy of the executed escrow agreement with the successor escrow agent to the TCEQ within five(5) business days of said termination. No funds shall be released by the TCEQ until it has received, reviewed, and approved the escrow agreement with the successor escrow agent. If the City has not appointed a successor escrow agent within thirty(30)days of the notice of termination,the Escrow Agent may petition any court of competent jurisdiction in Texas for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon the City.Whether appointed by the City or a court,the successor escrow agent and escrow agreement must be approved by the TCEQ for the appointment to be effective.The Escrow Agent is responsible for performance under this Agreement until a successor has been approved by the TCEQ and has signed an acceptable escrow agreement. Section 10: FEES AND EXPENSES.The only fees required in connection with establishing and maintaining the Escrow Account(s)are those set forth in the most current TexPool Participant fee schedule.Any such fees will be deducted from the Escrow Account. Section 11: EXPIRATION.This Agreement shall expire upon final transfer of the Funds in the Escrow Account(s)to the City or as otherwise disposed of in accordance with Sections 3 or 9 of this Agreement, except that Sections 5, 6, 9, 13, 15 and 16 shall survive the expiration of this Agreement. Form Continues on Next Page 2 of 3 Agreement(contin -. Section 12: POINTS OF CONTACT.The points of contact for the Escrow Agent,the City, and the TCEQ are as follows: Texas Treasury Safekeeping Trust Company City of Corpus Christi Attention: Mike Reissig, Chief Executive Officer Attention: Miles Risley,City Attorney 208 East 10th Street,4th Floor 1201 Leopard Street Austin,Texas 78701 Corpus Christi,Texas 78401 Phone: (512)463-3788 Phone: (361)826-3360 Email Address: legal@ttstc.texas.gov Texas Commission on Environmental Quality Litigation Division P.O. Box 13087, MC-175 Austin,Texas 78711-3087 Phone: (512) 239-3400 Section 13:CHOICE OF LAW.This Agreement shall be governed exclusively by the applicable laws of the State of Texas.Venue for disputes shall be in the District Court of Travis County,Texas. Section 14:ASSIGNABILITY.This Agreement shall not be assignable by the parties hereto, in whole or in part, and any attempted assignment shall be void and of no force and effect. Section 15: ENTIRE AGREEMENT.This Agreement evidences the entire Escrow Agreement between the Escrow Agent and the City and supersedes any other agreements,whether oral or written, between the parties regarding the Funds or the Escrow Account(s). No modification or amendment of this Agreement shall be valid unless the same is in writing and is signed by the City and consented to by the Escrow Agent and the TCEQ. Section 16:VALIDITY OF PROVISIONS. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid,void, or unenforceable,the remainder of the provisions shall remain in full-force and effect, and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective upon signature of both parties. City of Corpus Christi, Texas Texas Treasury Safekeeping Trust Company, As Escrow Agent By: By: Mike Reissig Name: Chief Executive Officer Title: Date: Date: Address: 208 East 10th Street,4th Floor Austin,Texas 78701 Address: (Seal) (Seal) ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX- 3 OF 3 1-866-TEXPOOL(839-7665) • TexPool.com Managed and ©2021 Federated Hermes, Inc. Se giced by Federated G45340-27(7/21) Hermes ATTACHMENT A-2 INITIAL LIST OF PRE-APPROVED CITY OF CORPUS CHRISTI TRAINING & EQUIPMENT State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 26 of 29 ATTACHMENT A-2 Initial List of Pre-Approved City of Corpus Christi Training & Equipment To support compliance and testing of all backflow devices required by State law and City ordinance, the City of Corpus Christi will provide employees and registered backflow testers with Backflow Prevention and Assembly Testing (BPAT) training, and necessary equipment, and materials. In addition, the City will purchase backflow device inventory stock, purchase test kits, provide for customer service inspections, and provide reimbursement for the installation of new, compliant backflow assemblies. Employee Training & Equipment Costs The City of Corpus Christi will provide the State-required Backflow Prevention and Assembly Tester (BPAT) training to City employees as well as backflow testers in Corpus Christi who have registered with the City's Development Services Department (to be provided on a first-come, first-serve basis). The training will include backflow regulations, assembly testing, and safety. The training costs are estimated to be $15,000 per course, each accommodating up to 25 people. The City anticipates conducting up to three courses, subject to change based upon implementation needs. Personnel selected for training will be required to meet all the TCEQ licensing requirements including two years of experience in an approved discipline, hold a minimum of a GED or High School diploma, and pass all criminal background checks as administered by the TCEQ. Once all training hours are complete, each individual will be responsible for applying for and scheduling any required backflow certification examinations at his/her own cost. Employees will also be responsible for all associated fees but may be reimbursed by the City, using Project Funds, if available, upon verification of passing score. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 27 of 29 Inspection and Software Costs Customer Service Inspections and Software: The City may contract with a contractor to develop/provide a database/software solution that allows the City to track commercial and industrial backflow assemblies, their locations, history of certification, scheduled certification, and history of installation, maintenance, and replacement. The anticipated cost of this database is $43,000, subject to change based upon implementation needs. Once the database is created, the City will contract with a vendor to provide customer service inspections for identified customers without the required registered backflow assemblies. The customer service inspections will help the City determine which customers pose a risk to the City's water distribution system. Inspections are expected to take between one and four hours and to occur during normal business hours. The estimated cost for this program is $400,000, which include three or four inspectors, vehicles, fuel, travel, and insurance costs, all via contractor. Such estimated cost is subject to change based upon implementation needs. Furnish New Equipment: The City will make funding available for new backflow assemblies for existing customers. Existing customers will be required to respond by a stated deadline with plans, backflow specifications, and a timeline for installation. Funds will be available on a first-come, first- serve basis. The City can provide the equipment or reimbursement of reasonable costs with proof of installation and documentation of the actual costs incurred. The City will not install the assemblies, but will reimburse costs and inspect the backflow devices when they are installed. The City anticipates using some of this funding to replace the 200 non-testable devices currently used by commercial customers. Anticipated costs are based on an estimated $220 to $15,000 per double check assembly and $450 to $17,000 per reduced pressure assembly. The anticipated budget for this item is $650,000, subject to change based upon implementation needs. The City anticipates using all or a significant portion of these Project Funds to provide new and improved backflow assemblies to existing customers. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final Judgment Page 28 of 29 Test Kits: The City expects to purchase test kits for City inspectors and for other backflow inspectors in Corpus Christi who are registered with the City's Development Services Department to be provided on a first-come, first-serve basis. This will increase the inventory of test kits available in the City to provide the City and its customers with increased access to backflow testing, which will help to reduce the risk to the City's water distribution system. Anticipated costs for this program are based on an estimated $700 to $1,000 per test kit. The anticipated budget for this item is $160,000, subject to change based upon implementation needs. The City anticipates using all of the Project Funds to furnish test kits. Storage: The City anticipates a cost of approximately $2,000 to rent a 10 x 10 storage unit to store the equipment and test kits until they are furnished under the above proposed items. Such cost is subject to change based upon implementation needs. Table 1 - Total Anticipated Cost! Program Anticipated Cost, Subject to Chan&e based upon implementation needs Backflow Training — 3 classes of 25 each $451000 Customer Service Inspection Database $431000 Customer Service Inspections for approx. $4001000 6,200 customers Furnish Backflow Equipment to Customers $6501000 Test Kits for Employees and Other $1601000 Registered Backflow Inspectors Equipment Stora e $21000 Total $1,300,000 1 Table 1 contains front-end estimates on quantities and associated costs. The City is under no obligation to expend such funds pursuant to such estimates in Table 1. Instead, the projected quantities and costs are mere projections and may be adjusted during implementation so long as the City complies with the terms of the Agreed Final Judgment and the Project. State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc. Agreed Final judgment Page 29 of 29 G0 0 U AGENDA MEMORANDUM NowPORAz4� First Reading Ordinance for the City Council Meeting of January 10, 2023 1852 Second Reading Ordinance for the Council Meeting of January 24, 2023 DATE: January 10, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2�cctexas.com (361) 826-1941 City of Corpus Christi and Sinister Off Road Amendment of Lease Agreement CAPTION: Ordinance authorizing an amendment of the current contract with Sinister, LLC for a monthly rent rate of$100 for the second option year of the city owned property located at 1401 Leopard Street for a parking lot. SUMMARY: The purpose of this item is to amend the current contract from a monthly rate of $300 to $100 with Sinister Off Road, LLC for use of a parking lot on 1401 Leopard. BACKGROUND AND FINDINGS: Sinister Off Road is an automotive, off road, and custom fabrication shop located at 1400 Leopard Street. This lease refers to a City parking lot that has not been in use and is across the street at 1401 Leopard Street. In return, the City will gain revenue and maintenance on a parking lot that has been vacant. The Harbor Bridge construction has caused a major disruption to this automotive shop, making it hard to conduct business, and has reduced their revenues. Sinister has been a great neighbor in taking care of this property and provided additional security around our City Hall Building. The key points of this amended lease are: • The first-year rental rate was $100 per month • Still two (2) additional one-year periods (option periods) • $100 per month rent, on or before the first day of each month for the first-year option; all other remaining options remain at $300 per month rent • Sinister will be solely responsible for the costs of surface maintenance, repairs, mowing andgrounds maintenance, and all utilities • The premise will serve as a parking lot only, and for no other purpose • May not assign this lease or sublet without consent of the City • Shall not make alterations, additions, or structural changes without prior written consent and approval of the City • Responsible for the towing of unauthorized vehicles on leased property ALTERNATIVES: An alternative would be to not lease the parking lot to Sinister Off Road. However, this will provide an opportunity for the City to gain revenue in addition to maintenance on a parking lot that has been vacant. FISCAL IMPACT: A total of$1 ,200 will be the annual amount of rent for this agreement for the second-year option. FUNDING DETAIL: Fund: 1020 Organization/Activity: Mission Element: Project # (CIP Only): Account: 343400 Cost: $1 ,200 RECOMMENDATION: Staff recommends approval of ordinance authorizing the first-year option of $100 per month with remaining three (3) year lease with Sinister, LLCwith monthly rent of$300 for use of the city owned property located at 1401 Leopard Street for a parking lot. LIST OF SUPPORTING DOCUMENTS: Ordinance Amended Lease Agreement Ordinance authorizing an amendment of the current contract with Sinister, LLC for a monthly rent rate of $100 for the second option year of the city owned property located at 1401 Leopard Street for a parking lot. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager of designee is authorized to execute an amendment of the current contract with Sinister, LLC to reduce the monthly rent rate of $300 to $100 for the second option year of the city owned property located at 1401 Leopard Street for a parking lot. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SINISTER, LLC SECOND EXTENSION This Lease Agreement Extension ("Extension") is entered into this 4th day of January , 2023 by and between the CITY OF CORPUS CHRISTI, a Texas Home Rule Municipality, hereinafter referred to as the "City", and the SINISTER OFF ROAD LLC, a Texas limited liability company, hereinafter referred to as the "Lessee". WHEREAS, the City of Corpus Christi and Sinister Off Road, LLC entered into a lease agreement for a parking lot located at 1401 Leopard Street on November 18, 2020 and effective on January 4, 2021. WHEREAS, the City of Corpus Christi and Sinister Off Road, LLC authorized an amendment to the current contract to maintain the monthly rent of $100 for the second option year. WHEREAS, the City of Corpus Christi and Sinister Off Road, LLC wish to extend this lease for the second of the 4 additionally authorized one-year periods. NOW THEREFORE, the City and Lessee hereby agree as follows.- Section ollows:Section 1. TERM. The term of this Second Lease Extension is for one (1) year, beginning on January 4, 2023, with a rent payment of$100.00 per month. All other terms of the Original Agreement remain in effect. Each party to this Agreement has caused it to be executed on the date indicated below, both of which hereby represent that the signatures to this Agreement, below, are of those persons with the capacity and authority to legally bind the parties. CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM CWvG�k- P r Zan , ity Manager Assistant City Attorney Date 1. 1 3 Date SINIST C. Prinld Name Title Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2023, by on behalf of the company. Notary Public, State of Texas so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of January 10, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Neiman Young., PhD, Assistant City Manager Neimany@cctexas.com (361) 826 - 3898 Art Museum of South Texas Operational Briefing STAFF PRESENTER(S): Name Title/Position Department 1. Neiman Young., PhD, Assistant City Manager Executive OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Sarah Sells Morgan Director Art Museum of South Texas ISSUE: Briefing to City Council on the operational updates from the Art Museum of South Texas. BACKGROUND: On October 11, 2022, City Council requested a briefing on the operational updates from the Art Museum. Staff has coordinated with representatives from the facility to provide the updates. LIST OF SUPPORTING DOCUMENTS: PowerPoint— (Name of presentation) Art Museum of South Texas City Council Presentation, January 10, 2023 ARTMUSEUM OF SOUTH TEXAS AFFILIATED WITH TEXAS A&M UNIVERSITY-CORPUS CHRISTI South Texas Institute for the Arts-General Operations Jul-Sep Oct-Nov Jul-Sep Oct-Nov REVENUE TAMU-CC(Salaries/Benefits) $ 60,750 $ 40,500 EXPENSES Salaries&Benefits 217,683 139,851 Earned Income Administration 22,758 20,221 City of Corpus Christi HOT Funds 350,000 - Cafe 17,535 5,164 Interest 1,181 331 Rentals 84 5,977 Admissions 810 14 Gift Shop 3,988 7,041 Facility Rentals 14,407 38,911 Building-AMST 112,830 67,690 Education 16,517 3,735 Marketing 23,403 10,742 Food Service 40,500 15,320 Development 3,746 6,525 Gift Shop 8,952 6,875 Membership 13,970 14,430 Total Earned Income $ 432,367 $ 65,185 Foundation Circle 9,134 3,849 Exhibits 51,677 56,588 Raised Income Spanish Colonial Gallery - - Memberships 19,593 11,388 Education 36,760 14,383 Foundation Circle 5,550 2,700 Fundraisers 41,270 30,152 Friends of Dr.Cleo - TOTAL EXPENSES Gifts/Grants 62,041 51,585 554,838 $ 382,614 Fundraisers 79,138 105,226 NET INCREASEZECREASE $ 104,602 $[106,029} Total Raised Income 166,322 170,900 TOTAL STIA 598,690 236,085 TOTAL REVENUE $ 659,440 $ 276,585 ARTMUSEUM 2n2 TH 7mX AAA 2023 Exhibition Schedule ARTMUSEUM OF SOUTH TEXA$ .. 1 BLOVI, e w, KARIN BROKER: BLOW UP II: Inflatable COLLIDOSCOPE: my circus too Contemporary Art De la Torre Brothers Retro-Perspective AAA MUSEUM OF . r/ x � 3 d34�": �� `, •�,r � �'�`�`�e � =•`,a =• '�i. a.b� fly • � �� �.. t. In Our • TAMU-CC Design I 4th Forest 2023 EDUCATION PROGRAMS Lj , - 9 - } ZPORTCORPYSCHRISTI -"- ® VISIVNARIOS FAMILY DAY YOUTH ART CONTEST " I,q� ARTMUSEUM OF SOUTH TEXAS 1 SPRING BREAK CAMP y Y. THE FINE ,F ART OF , SUMMER CAMP fr 2022 ARTMUSEUM OF SOUTH TEXAS ' ARTMUSEUM OF SOUTH TEXAS li w y 4 9 �5- ART TEACHER PROFESSIONAL DEVELOPMENT F� s DOCENT TRAINING AND TOURS LUNCH AMONGST THE MASTERS ANTONIO E. GARCIA ARTS EDUCATION CENTER n W .r. a s gym_ a r c ARTS AFTER A f SCHOOL owl fir. �� ADULT CERAMICS CLASSES VIK CAMP COMMUNITY EVENTS 4 FRO', Ilk b_ n i „. ti� r �.., r THIRD THURSDAY COMMUNITY FIRST FRIDAY ARTWALK DAY , �� ARTMUSEUM OF SOUTH TEXAS h BUILDING & MAINTENANCE W& ARTMUSEUM OF SOUTH TEXAS �`�,� �/ /, �. ___ , •_illy "4 c r B 4 Y rt `low—' # CITY HALL INSTALLATION oR1Y►