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Agenda Packet City Council - 08/29/2023
Lw,A.,5r.,f,�r Cit`, of Corpus Christi 1201 Leopard Street s 1 Corpus Christi,TX 78401 _ x w cctexas.com Meeting Agenda - Final-revised City Council Tuesday,August 29,2023 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 ingl6s es limitado, habrd un int6rprete ingl6s-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 Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Julianna Perez, 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 I UPDATE ON CITY OPERATIONS: 1. 23-1410 Arts and Cultural Commission Update by Jim Moore, Chair 2. 23-1461 Summer Programming Closures and Labor Day Weekend Schedule City of Corpus Christi Page 1 Printed on 812812023 City Council Meeting Agenda-Final-revised August 29, 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. BOARD &COMMITTEE APPOINTMENTS: H. EXPLANATION OF COUNCIL ACTION: I. BUDGET RELATED ITEMS: (ITEMS 3 - 13) 3. 23-1354 Ordinance amending the Code of Ordinances, Chapter 9, Aviation, Section 9-35 - Parking Rates, by revising the parking rate for long-term parking at the Corpus Christi International Airport. sponsors: Aviation Department 4. 23-1440 Ordinance affirming Development Services fee schedules including fee schedules for Technical Construction Codes, Excavation and Fill, Unified Development Code, Zoning, Beachfront Construction, Dune Protection, and Billboards. sponsors: Development Services 5. 23-1460 Ordinance authorizing updates to the City of Corpus Christi's Texas Municipal Retirement System benefits (1) adopting non-retroactive repeating COLAs for retirees and their beneficiaries under Texas Municipal Retirement System Act and (2) authorizing annually accruing updated service credits; decreasing the TMRS contribution rate from 16.57% to 16.29% for calendar year 2024. sponsors: Human Resources 6. 23-1389 Ordinance amending various sections of the Code of Ordinances, Chapter 21, Solid Waste, by revising applicable rates, fees, and charges; and providing an effective date. Sponsors: Solid Waste Operations 7. 23-1282 Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of storm water drainage charges, and providing an effective date. sponsors: Public Works/Street Department City of Corpus Christi Page 2 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 29, 2023 8. 23-1403 Ordinance amending Corpus Christi Code Section 55-50 regarding water rates and section 55-100 regarding wastewater rates effective January 1, 2024 sponsors: Corpus Christi Water 9. 23-1401 Ordinance amending Ordinance 17150 by increasing the exemption for ad valorem taxes for all qualified residence homesteads from 10% to 15% of assessed value commencing Tax Year 2024 and from 15% to 20% of assessed value commencing Tax Year 2025; and increasing the exemption for ad valorem taxes for persons' residence who are disabled or 65 years of age or older from $50,000, as approved by the citizens of Corpus Christi on April 4, 1987, to $62,500, commencing Tax Year 2024; providing that this ordinance is cumulative and for an effective date, severance, publication, and codification. sponsors: Finance&Procurement 10. 23-1363 Public Hearing and First Reading Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2023-2024 beginning October 1, 2023; authorizing personnel complements; providing for copy to be filed with the county clerk; appropriating funds as provided in the budget; and adopting the FY 2024 - 2028 Infrastructure Management Plan. Sponsors: Office of Management and Budget 11. 23-1387 Public Hearing and First Reading Ordinance adopting the Corpus Christi Fiscal Year 2023 - 2024 Capital Budget in the amount of$703,026,801 as amended by the schedule of adjustments, beginning October 1, 2023. sponsors: Office of Management and Budget 12. 23-1400 Public Hearing and First Reading Ordinance setting a property tax rate of $0.599774 per$100 valuation which is effectively an 8.3% increase over the no-new-revenue tax rate and approving the tax roll as calculated. sponsors: Finance&Procurement 13. 23-1364 Ordinance ratifying the property tax increase reflected in the FY 2023-2024 Operating Budget that will require raising more revenue from property taxes than in the FY 2022-2023 Operating Budget in amount of $13,499,855. sponsors: Office of Management and Budget J. CONSENT AGENDA: (ITEMS 14 -26) 14. 23-1406 Approval of the August 22, 2023 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 15. 23-1251 Ordinance appropriating $13,000.00 in the Health Grant Fund for an City of Corpus Christi Page 3 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 29, 2023 increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue water quality advisories when warranted. for the period September 1, 2020, through August 31, 2025. sponsors: Health Department 16. 23-1201 Zoning Case No. 0623-02, Ron & Vanessa, LLC III and TRR Development LLC (District 4). Ordinance rezoning properties at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Palmira Ave from the CR-2/10 Resort Commercial District with the Island Overlay to the CR-2/10/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 17. 23-1269 Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the "R-MH" Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). sponsors: Development Services 18. 23-1273 Zoning Case No. 0623-01, MPM Development, LP, Corpus Christi Independent School District, and the City of Corpus Christi (District 5). Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District and the "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). sponsors: Development Services 19. 23-0996 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$822,431 with a City cash match of$169,372 and an in-kind match of$714,806, for a total project cost of$1,706,609 for salaries, overtime, and fringe benefits for four sworn officers three civilians (authorizing two additional general fund positions), and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $822,431 in the Police Grants Fund. sponsors: Police Department Consent-Contracts and Procurement 20. 23-1144 Motion authorizing a one-year service agreement, with two one-year options, with Sylvia Ann Barton dba Leroy and Richards Automotive, of City of Corpus Christi Page 4 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 29, 2023 Corpus Christi, for light fleet vehicle repairs and service for the Corpus Christi Fire Department, with a one-year amount not to exceed $67,485.00 and a potential total amount not to exceed $202,455.00 if both one-year options are exercised, with FY 2023 funding of$5,625.00 from the General Fund. sponsors: Fire Department and Finance& Procurement 21. 23-0513 Motion authorizing execution of a three-year service agreement, with two one-year options, with The Vibration Guys, LLC, of Pearland, Texas, in an amount not to exceed $231,351.00, and a potential amount of $385,585.00 if the options are exercised, for vibration analysis and condition monitoring of the blowers at the wastewater treatment plants, with FY 2023 funding of$32,132.08 from the Wastewater Fund. sponsors: Corpus Christi Water and Contracts and Procurement 22. 23-1236 Motion authorizing execution of a one-year service agreement, with two one-year options, with CSI Consolidated, LLC, dba AIMS Companies, of Houston, in an amount not to exceed $710,500.00, with a potential amount of$2,131,500.00 if options are exercised, for closed circuit televised cleaning and inspection of large diameter wastewater lines for Corpus Christi Water, with FY 2023 funding of$75,000.00 from the Wastewater Fund. sponsors: Corpus Christi Water and Finance&Procurement 23. 23-1252 Resolution authorizing a six-month service agreement with D. Reynolds Company, LLC, dba The Reynolds Company, of Fort Worth, for $265,640.88, to purchase equipment and software required for the replacement of the Wastewater Supervisory Control and Data Acquisition (SCADA) systems at the Greenwood and Broadway Wastewater Treatment Plants, with funding from the Wastewater Capital Fund. Sponsors: Corpus Christi Water, Information Technology Services and Finance& Procurement General Consent Items 24. 23-1318 Resolution authorizing execution of an interlocal cooperation agreement with the Lower Colorado River Authority (LCRA) for integration of the City's public safety radio system and the LCRA's public safety radio system. sponsors: Information Technology Services and Police Department Consent-First Reading Ordinances 25. 23-1329 Ordinance authorizing acceptance of grant funds in an amount of $167,000.00 from the Texas Department of Transportation for the 2024 Comprehensive Selective Traffic Enforcement Project for overtime for City of Corpus Christi Page 5 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 29, 2023 sworn officers to increase traffic enforcement in Corpus Christi, with a City match of$42,669.75 in fringe benefits and fuel expenses, with funds available from the FY 2024 General Fund; and appropriating $167,000.00 in the Police Grants Fund. sponsors: Police Department 26. 23-1360 Ordinance approving amendments to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, recommending the allocation of$150,950,000 in future revenue to specified projects including water and wastewater infrastructure, parks, mobility projects, developer reimbursement, and administration costs. sponsors: Economic Development K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 27 -28) 27. 23-1103 Ordinance amending Section 14-231 of the City Code to amend the Building Code to provide an exemption for certain government, industrial, and agricultural facilities from permits, amending Sections 14-281 and 14-291 of the City Code to amend the Plumbing and Residential Construction Codes to incorporate Texas Commission on Environmental Quality regulations for the testing of backflow assemblies and clarify backflow device requirements for carbonated beverage dispensers, amending Section 55-37 of the City Code to expand authority the disconnection of services for failure to install, test, or maintain a required backflow device; providing for a penalty not to exceed $2,000 and publication. sponsors: Development Services 28. 23-1284 Ordinance authorizing the City Manager to execute a lease agreement with ARI NC, Incorporated for space on the ground floor of the Corpus Christi International Airport terminal building for a five-year term, with the option to renew for two additional five-year terms. sponsors: Aviation Department M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 29 -31) 29. 23-0968 Resolution authorizing an Interlocal Cooperation Agreement with Port of Corpus Christi Authority to reimburse $7,117,722.95 to the City for related engineering and construction costs associated with the removal of two 16-inch waterlines and the installation of a new 24-inch waterline crossing the Corpus Christi Ship Channel located in City Council District 1. sponsors: Engineering Services and Water Utilities Department 30. 23-1362 Ordinance appropriating $1,700,000.00 of anticipated hotel occupancy tax City of Corpus Christi Page 6 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 29, 2023 (HOT) revenues in the No. 1030 HOT Fund for a contractual payment to Visit Corpus Christi and for an emergency declaration for a transformer failure at American Bank Center; appropriating $330,000.00 from the unreserved fund balance in the HOT Fund for professional consulting services related to the Convention Center Expansion Project; and amending the FY 2023 Operating Budget. Sponsors: Finance&Procurement 31. 23-1374 Ordinance authorizing the approval of Change Order No. 1 with Fulton Coastcon General Contractors of Corpus Christi, Texas, in an amount of $298,444.04 for a total amount not to exceed $21,453,050.04 for the Police Training Academy, located in Council District 5, amending the Capital Budget with FY 2023 funding available from general fund. Sponsors: Engineering Services, Contracts and Procurement, Asset Management Department and Police Department N. BRIEFINGS: O. EXECUTIVE SESSION: P. ADJOURNMENT City of Corpus Christi Page 7 Printed on 8/28/2023 Adft '000�4 ilia CHRISTI ARTS & CULTU RAL CORPUS PARKS & COMMISSION RECREATION c o R P u s c H R i s T i MISSION The Corpus Christi Arts & Cultural Commission - advocates for an enriched quality of life based in a robust creative community in Corpus Christi. It supports, promotes, and celebrates a broad variety of artistic expression toward engaging an enlivened, inclusive cultural environment. CHRISTI CORPUS PARKS 6 RECREATION � tag) ARTS&CULTURAL C O M M I S S I O N _� X09 LsC — srI it , 16 THANK Y4U1 supported CEJ This project pported in pan!a HOT Funds Runt from AI' s OUR VISION The Corpus Christi Arts & Cultural Commission promotes the arts by: • Serving as stewards of the public art resources of the City of Corpus Christi through maintenance and development of the public art collection CHRISTI • Providing grants to non-profit organizations through Hotel CORPUS PARKS 6 RECREATION Occupancy Tax (HOT) Funds • Encouraging community engagement in the arts �i, • Advising civic and community organizations as well as private citizens ARTS&CULTURAL C O M M S S I O N _� X09 � s � � srI ACC Major Responsibilities PublicCivic • • • 80 pieces in city's collection. Last piece commissioned in • Arts&Cultural Commission subgrants city HOT funds 2017 from 2012 Bond through a yearly Arts Grant through PARD • $22k allocated yearly for maintenance . $300k allocated for grants in 2023&`24 '2020 Conditions Assessment suggest$65,000/year for $200 in 2022&'21 maintenance,not including major conservation or $0 in 2020 emergency projects • Funded with Hotel Occupancy Tax(HOT Funds) • ACC"shall be responsible for advising the city manager and the city council on all aspects of the administration of • Up to$15k matching grants to non-profits for cultural events the municipal public art program, including establishing that draw tourism policies and guidelines,designating sites,determining project budgets,selecting artists and commissioning • Scored by ACC,funds approved by Council in October/ artworks, reviewing the design,execution and placement November of works of art and the removal of works of art from the city collection." . 21 Grants awarded in 2023 • Social Capital gains with Cultural Institutions Arts and Cultural • • Focus • COMMUNITY ENGAGEMENT • PUBLIC ART MAINTENANCE and CONSERVATION ' .wr CHRISTI CORPUS PARKS& RECREATION n x ,m ARTS&CULTURAL - C O M M I S S I O N � w �j Current Projects 2024 Public Art Collection Conservation Project 2024 Public Art Collection Valuation Assessment Project • Partnership with TAMUCC on National Endowment for the Arts Research Grant CHRISTI CORPUS • Airport Art Program PARKS& RECREATION Development of Public Art Collection • e • �,� C� Database and Interactive Maps —, • ARTS&CULTURAL e CO M M I S S I O o9 � UISN IC TI �j -.Proposed Projects d • Cultural Economy Master Plan • Development of Augmented Reality for select public art • Conservation Training for Pilot t CHRISTI CORPUS Volunteer Program PARKS& RECREATION Free to the public Park Arts program IRR �7 t ARTS&CULTURAL COMM ISSION C09 U s C I sr -- Photo:Alison McLean Schuchs,local artist Arts Grant Program �` Total Granted 2017-2023=$1,126,780 �� To Over 35 Non-Profit Arts and Cultural Organizations • ��[�(�yy.{�� �� �f�• {til w� ` `` ��_o��� rte' !�•�� `�` S� _ CHRISTI RPUS - �- •+r POPS in[he Park Corpus first SYm phony Orchestra S i Piano Celebration Week has received three Arts&Cultural Commission grants for 2020(money used in 2021J,2022,and 2023..The grants have helped us expand our programs to 34 events with 500+performers over B days.Starting in 2021,the events included headline artists, themed concerts,student recitals,educational opportunities,and new trends.We were able to host internationally acclaimed artists from Argentina,Australia,and all over the United States. Additionally,all events remained free and open to the public.Thank you for your support of IF Piano Celebration Week,and your support of music education and the arts in Corpus Christi. Sincerely, inure CHRISTI CORPUS PARKS 6 Dino Ml D.M.A. RECREATION Co-DAssociate or,Piano Celebration Week Associate Professor of Music,Texas A&M University-Corpus Christi AN Pi anocelebrationweek�tam ucc.ed uanocelebrationweek�tam ucc.ed u dino.mtam ucc.edu (361)82525-2574 ARTS&CULTURAL C O M M I S S I O N The ACC is comprised of arts and culture institutional leaders and professionals in the arts,music,and design industries in Corpus Christi.They address contemporary issues,offer pragmatic solutions,and bring new ideas to the table concerning the vitality,beauty,and cultural presence of Corpus Christi.Their expertise and connections locally and beyond provide vital support to Corpus Christi's creative community and economy. Absent a Cultural Affairs division or Arts and Culture department,the ACC's role I/ is essential.They provide the city with high-quality consultation in matters of art, music,culture,gastronomy,design,and creative innovation. CHRISTI CORPUS PARKS 6 RECREATION ARTS•CULTURAL RN AT— COMMISSION Arts&Cultural Commission t�o) Open AirArts ARTS&CULTURAL Ll LC Evening COMMISSION Mayt¢,WM.6.00-9:00pm The Courtyard at Heritage Parkwith the CCSO Trio Interactive S.u'ta .Food SC v AGENDA MEMORANDUM NORP00.P5 EO First Reading Ordinance for the City Council Meeting August 29, 2023 Ts52 Second Reading Ordinance for the City Council Meeting September 5, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevi n S4(a)cctexas.co m (361) 826-3232 Amending Chapter 9 of the City Code of Ordinances CAPTION: Ordinance amending the Code of Ordinances, Chapter 9, Aviation, Section 9-35 — Parking Rates, by revising the parking rate for long-term parking at the Corpus Christi International Airport. SUMMARY: The proposed amendments adjust rates and charges within the ordinance. These changes are in coordination with the budget process. BACKGROUND AND FINDINGS: Since bringing parking operations back under direct City management in 2021 , CCIA has made numerous improvements in the parking lots including covered parking canvas replacements, parking systems equipment upgrades, LED lighting upgrades, pavement maintenance and sealing, signage and markings, and landscaping. These upgrades improve passenger experience and extend the useful life of infrastructure. To be more competitive for new or enhanced air service, improvements must continue but must not increase the cost for airlines to operate at the airport. To continue airport improvements and decrease the cost per enplanement (CPE) metric, revenue must increase in non-airline revenue sources like parking, concessions, and non-aeronautical business. Airport staff created a five-year plan to increase non-airline revenues by over$2.1 million, which includes adjustments to rates and charges for fuel flowage fees, business development agreements, and parking rate adjustments. This action is part of Year 2 of that action plan. This parking rate adjustment is the first prescribed step in the action plan for parking rates and will be followed by future adjustments to Short or Long-Term parking rates in FY25 and FY26. The projected increase in revenue from this rate adjustment can yield a decrease in CPE by $0.72. ALTERNATIVES: Alternative actions include adjusting rates to different amounts or keeping parking rates steady. FISCAL IMPACT: This Long-Term parking rate adjustment is projected to increase parking revenue by $236,500, or 9%. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: City staff recommend approval of the ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, Chapter 9, Aviation, Section 9-35 — Parking Rates, by revising the parking rate for long-term parking at the Corpus Christi International Airport. WHEREAS, to be more competitive for new or enhanced air service and to decrease the cost for airlines to operate at the Corpus Christi International Airport, the Airport must decrease the cost per deplanement (CPE) metric by increasing revenue in non-airline revenue sources; WHEREAS, the long-term parking rates established for the Corpus Christi International Airport ("Airport") are presently included in the Code of Ordinances, Chapter 9, Section 9-35 — Parking rates, and need to be revised. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The Code of Ordinances, Chapter 9, "Aviation," Section 9-35 Parking rates are amended by revising the long-term parking rate at the Corpus Christi International Airport, with the relevant sections' new text shown underlined and deleted text shown stricken, to read as follows: "Sec. 9-35. - Parking rates. Parking rates for the public parking lots at Corpus Christi International Airport are established as follows: (1) Long-term parking rates: Maximum with parking ticket for each twenty-four (24) hours .....x-. 9.00 Without/lost ticket per day .....4Q QQ 11.00 Ten (10) per cent reduction in fees for thirty (30) or more days of parking. Commuter monthly parking permits for FAA Part 121 and Part 135 airline flight crew members .....45.00 (2) Short-term parking rates: ..... For the first 3 hours .....No Charge For 3.01 hours to 24 hours .....$12.00 Maximum with parking ticket for each twenty-four (24) hours .....12.00 Without/lost ticket per day .....14.00 (3) Covered parking rates: ..... Maximum with parking ticket for each twenty-four (24) hours .....$12.00 Without/lost ticket per day .....14.00 Specific rates may be adjusted at any time, and the director shall have the authority to negotiate special rates for special situations (i.e., holidays and special events). Such rates shall bear a reasonable relation to current rates charged for use of similar commercial facilities so as to neither be excessive nor grossly deficient by comparison, provided however, no such rates shall increase annually by more than ten (10) per cent nor shall new fees be created without city council's approval by ordinance or resolution. The director of aviation may waive fees for city employees, active airport board members, elected members of the city council, Texas House, Senate, U.S. Congress, disabled veterans, purple heart recipients, and visitors conducting business at the airport." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgement or decree of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect October 1 , 2023. 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 Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley The foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley PASSED AND APPROVED on this the day of , 2023. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor CCIA Corpus Christi International Airport Chapter 9 Revisions Council Presentation September 19, 2023 CCIA Chapter 9 Revisions Corpus Christi International Airport Short Term/Covered $ 12 $ 12 Long Term $ 8 $ 9 • City Staff recommends approval of Chapter 9, Section 9-35 — Parking Rates revisions. • The Airport Board recommended approval of the revisions to Chapter 9, Section 9-35 — Parking Rates at their regular scheduled meeting. so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting 08/29/2023 1852 Second Reading Ordinance for the City Council Meeting 09/05/2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director of Development Services Al Raymond(a-)cctexas.com (361) 826 - 3575 Development Services Fee Schedule Adjustments CAPTION: Ordinance affirming Development Services fee schedules including fee schedules for Technical Construction Codes, Excavation and Fill, Unified Development Code, Zoning, Beachfront Construction, Dune Protection, and Billboards. SUMMARY: In 2021, City Council passed Ordinance 032546 to adjust existing fees based on plan increasing 46 existing fees, adding 36 new fees, eliminating 12 existing fees, and increasing all non- adjusted fees by 10% in Fiscal Years 2022, 2023, 2024, and 2025. BACKGROUND AND FINDINGS: The Development Services Department had not increased many fees since 2002 until Fiscal Year 2022's budget proposal. After conducting a fee study in 2019, and based on the current construction cost index, it was discovered that Development Services fees were approximately 40% behind cost recovery models. Development Services benchmarked other Texas cities, performed cost of service analysis, and had numerous engagement opportunities with the development community. During the Fiscal Year 2022 budget proposal, Development Services developed a four-year plan to adjust fees with the goal of meeting cost recovery models by Fiscal Year 2025. This item affirms that plan and will implement year 3 of the four-year plan. FISCAL IMPACT: Fiscal impact for Fiscal Year 2023—2024 is anticipated to be: Approximately $450,000 RECOMMENDATION: Staff recommends affirmation of the Development Services Department fee schedule adjustments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance affirming Development Services fee schedules including fee schedules for Technical Construction Codes, Excavation and Fill, Unified Development Code, Zoning, Beachfront Construction, Dune Protection, and Billboards. Whereas the Development Services fee schedules are necessary for cost recovery for administration of the interrelated City regulatory programs; and Whereas, in 2021 , City Council passed Ordinance 032546 to adjust existing fees based on plan increasing 46 existing fees, adding 36 new fees, eliminating 12 existing fees, and increasing all non-adjusted fees by 10% in Fiscal Years 2022, 2023, 2024, and 2025. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14-1313, Technical construction code fee schedules, of the Corpus Christi Code is affirmed as delineated below: Sec. 14-1313. Technical construction codes fee schedules. The following fee schedules apply to activities under article II of this chapter: PLAN REVIEW FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Residential: $0.110 per $0.121 per $0.133 per $0.146 per New construction, additions and square foot square foot square foot square foot remodeling Commercial: New construction, additions and 40% of the building permit fee remodeling Floodplain Review/Inspections for Residential and Commercial $100.00 (Public Works) Multiple plan review fee for 15% of the plan review fee for fourth review submittal Residential and Commercial Page 1 of 13 Expedited plan review (internal 150% of the plan review rate staff) for Residential and Commercial Customized plan review for 150% of the plan review rate plus $150.00 per hour with a Residential and Commercial two-hour minimum Minor Addendums for Residential $100.00 $110.00 $121 .00 $131 .10 and Commercial Major Addendums for Residential Repayment of the Plan Review Fee and Commercial BUILDING PERMIT FEES RESIDENTIAL - New Construction, additions and $0.347 per $0.381 per $0.419 per $0.461 per remodels (excludes mechanical, square foot square foot square foot square foot electrical and plumbing) $110 Min $121 Min $133.10 Min $146.41 Min General Repair $110.00 $121.00 $133.10 $146.41 Roofing and Siding $0.050 per $0.054 per $0.060 per $0.066 per square foot square foot square foot square foot $110 Min $121 Min $133.10 Min $146.41 Min COMMERCIAL $0 to $5 million .70% of valuation $5.001 to $10 million .65% of valuation $10.001 to $20 million .60% of valuation $20.001 to $50 million .58% of valuation Construction site offices $88.00 $96.80 $106.48 $117.12 SIGNS Sign $118.80 $130.68 $143.75 $158.12 Building permit for electrical signs $88.00 $96.80 $106.48 $117.13 TRADE PERMITS ELECTRICAL Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 Page 2 of 13 PLUMBING Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 MECHANICAL Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 DEMOLITION PERMITS Residential $200.00 $220.00 $242.00 $266.20 Commercial $400.00 $440.00 $484.00 $532.40 CERTIFICATE OF OCCUPANCY Change of use of existing building $331.10 $364.21 $400.63 $440.69 or structure Name Change $100.00 $110.00 $121.00 $133.10 Temporary- Residential $100.00 $110.00 $121.00 $133.10 (every 30 days) Temporary- Minor Commercial $250.00 $275.00 $302.50 $332.75 (every 30 days) Projects under $5 Million Temporary- Major Commercial (every 30 days) Projects over $5 $500.00 $550.00 $605.00 $665.50 Million After hour Certificate of $100.00 plus $110.00 plus $121.00 plus $133.10 plus Occupancy or Temporary original fee original fee original fee original fee Certificate of Occupancy MOVE STRUCTURE/OVERSIZED LOAD PERMITS Move Structure $132.00 $145.20 $159.72 $175.69 Traffic Engineering route sheet $67.10 $73.81 $81.19 $89.31 Mobile Home/HUD-code $117.15 $128.87 $141.75 $155.93 manufactured housing installation permit Page 3 of 13 Backflow Prevention Backflow prevention device test $20.00 filing fee Minimum Fee $100.00 MISCELLANOUS PERMIT FEES Early Assistance Meetings Development Services- $75.00/per trade per hour ($150.00/minimum) Traffic Engineering- $100.00/per hour Stormwater- $100.00/per hour Floodplain Management- $50.00/per hour Permit Extension Greater of$80.00 or 33.75% of permit fee Renewal of expired permit Greater of$80.00 or 33.75% of permit fee plus permit extension fee Permit Research Fee (per hour) $16.50 $18.15 $19.97 $21.96 Request for refund on canceled $125.00 $137.50 $151.25 $166.38 permit if no work or inspections are done After hours inspections $240.00 $264.00 $290.40 $319.44 Temporary event permit $150.00 $168.75 $189.84 $208.83 Cost for scheduling inspections or $10.00 $11.00 $12.10 $13.31 providing review or inspections Per service Per service Per service Per service results by City staff if available on provided provided provided provided the free DSD Portal 24 hours a day. Requests for interpretation, technical rulings, modifications of code, concurrence for use of an alternative material or method, $500.00 $550.00 $605.00 $665.50 and appeal from decision of Building Official to Technical Constriction Appeal and Advisory Board. Floodplain Hardship Variance Application Fee in addition to the $300.00 cost of the Technical Construction Appeal and Advisory Board (Public Works) Page 4 of 13 Floodplain Determination $150.00 (Public Works) Overview and Concurrence Letter Single Lot - $250.00 of Map Revision Multiple Lots - $250.00 plus $50.00 per lot ($5,000 (Public Works) maximum) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1313 PENALTY FEES Work Commenced without a 2 times the permit cost plus investigative fee permit Investigative Fee $495.00 $544.50 $598.95 $658.85 Re-inspection fee after 2nd $88.00 $96.80 $106.48 $117.13 inspection (per inspection) LICENSES/REGISTRATIONS House Mover $146.30 $160.93 $177.02 $194.73 Mechanical Contractor $148.50 $163.35 $179.69 $197.65 Lawn Irrigator $148.50 $163.35 $179.69 $197.65 Backflow prevention assembly $148.50 $163.35 $179.69 $197.65 tester BILLBOARDS Signs <100 square feet- Annually $14.30 plus $15.73 plus $17.30 plus $19.30 plus $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot Signs 101-300 square feet- $30.80 plus $33.88 plus $37.27 plus $40.99 plus Annually $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot >301 square feet- Annually $44.00 plus $48.40 plus $53.24 plus $58.56 plus $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 2. Section 14-1321 , Fees for excavation and fill permits, of the Corpus Christi Code is affirmed as delineated below: Page 5 of 13 Sec. 14-1321. Fees for excavation and fill permits. The fees in this division apply to applications for excavation and fill permits. EXCAVATION & FILL PERMIT FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Excavation permit application fee $275.00 $302.50 $332.75 $366.03 Monthly fee for excavation permit $55.00 per $60.50 per $66.55 per $73.21 per month month month month Processing fee for appeal of denial of $110.00 $121 .00 $133.10 $146.41 excavation permit to Planning Commission Processing fee for appeal of denial of $110.00 $121 .00 $133.10 $146.41 excavation permit to City Council Fill permit application fee $275.00 $302.50 $332.75 $366.03 DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1321 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 3. Section 14-1341 , Unified Development Code fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 14-1341. Unified Development Code fees. This division sets the amounts of the fees required by the Unified Development Code. UNIFIED DEVELOPMENT CODE FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Page 6 of 13 PLATTING APPLICATION FEES PRELIMINARY PLAT <1 acre $1,400.00 $1,540.00 $1,694.00 $1,863.40 1-5 acre $1,800.00 $1,980.00 $2,178.00 $2,395.80 >5 acre $2,200.00 $2,420.00 $2,662.00 $2,928.20 FINAL PLAT APPLICATION (NON-PUBLIC) <1 acre $900.00 $990.00 $1,089.00 $1,197.90 1-5 acre $1,300.00 $1,430.00 $1,573.00 $1,730.30 >5 acre $1,700.00 $1,870.00 $2,057.00 $2,262.70 FINAL PLAT APPLICATION (PUBLIC NOTICE- PLUS PUBLIC NOTICE SURCHARGE) <1 acre $900.00 $990.00 $1,089.00 $1,197.90 1-5 acre $1,300.00 $1,430.00 $1,573.00 $1,730.30 >5 acre $1,700.00 $1,870.00 $2,057.00 $2,262.70 Minor Plat Application (4 lots or less) $685.00 $753.50 $828.85 $911.74 Reduced permit fees for non-taxing, non-profit ad valorem tax exempt entities Amending plat application $753.50 $828.85 $911.74 $1,002.91 Vacating plat application $753.50 $828.85 $911.74 $1,002.91 Planning Commission Application- $800.00 $880.00 $968.00 $1,064.80 Appeal or Waiver Plat time extension application $300.00 $330.00 $363.00 $399.30 Plat Revision Fee 15% of application fee after 2nd review Final plat addressing fee $100.00 $110.00 $121.00 $133.10 Master Preliminary Plat Application $500.00 $550.00 $605.00 $665.50 AGREEMENTS Water contract Application $1,947.00 $2,141.70 $2,355.87 $2,591.46 Water contract administratively $150.00 $165.00 $181.50 $199.65 Deferment Agreement .5% (half of one percent) of amount requested Reimbursement Agreement .5% (half of one percent) of amount requested Participation Agreement .5% (half of one percent) of amount requested Page 7 of 13 INFRASTRUCTURE TRUST FUND LOT & ACREAGE FEES Lot fee for water infrastructure $394.90 $434.39 $477.83 $525.61 Acreage fee for water infrastructure $1,582.90 $1,741.19 $1,915.31 $2,106.84 Lot fee for water infrastructure for $200.20 $220.22 $242.24 $266.47 single-family or duplex Acreage fee for water infrastructure $790.90 $869.99 $956.99 $1,052.69 for single-family or duplex Surcharge for water infrastructure $267.30 $294.03 $323.43 $355.78 for single-family or duplex Water distribution line front foot pro $11.58 $12.74 $14.02 $15.42 rata fee PIIC water tap fee $528.00 $580.80 $638.88 $702.77 RIC lot fee for water infrastructure $528.00 $580.80 $638.88 $702.77 PIIC acreage fee for water $1,320.00 $1,452.00 $1,597.20 $1,756.92 infrastructure Lot fee for wastewater infrastructure $432.30 $475.33 $523.08 $575.39 Acreage fee for wastewater $1,728.10 $1,900.91 $2,091.00 $2,300.10 infrastructure Surcharge for wastewater $304.70 $335.17 $368.69 $405.56 infrastructure Collection line front foot pro rata fee $13.40 $14.74 $16.21 $17.83 Wastewater fee exemption for City $600.00 $660.00 $726.00 $798.60 Council consideration MISCELLANEOUS UNIFIED DEVELOPMENT FEES Utility availability letter $250.00 $275.00 $302.50 $332.75 Easement encroachment license $583.00 $641.30 $705.43 $775.97 Utility easement by separate $530.00 $583.00 $641.30 $705.43 instrument Closing or abandonment of $1,054.00 $1,159.40 $1,275.34 $1,402.87 easement Proportionality/Rights Determination $500.00 $550.00 $605.00 $665.50 Proportionality/Rights $1,200.00 $1,320.00 $1,452.00 $1,597.20 Determination- Appeal to City Council Change of Address (per address) $50.00 $55.00 $60.50 $66.55 Page 8 of 13 Temporary Addressing Request (per $100.00 $110.00 $121.00 $133.10 address) Building/Suite address reassignment $100.00 $110.00 $121.00 $133.10 Recording fee Actual cost Actual cost Actual cost Actual cost +$50.00 +$55.00 +$60.50 +$66.55 Public Notice Surcharge (waived if initiated by City Council or $250.00 Landmark Commission) DSD Administration Surcharge 4.5% on all fees under Sec. 14-1341 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 4. The Corpus Christi Code is amended by adding Section 14-1351, Public Improvement Fees, of the Corpus Christi Code as follows: Sec. 14-1351 Public Improvement Fees PUBLIC IMPROVEMENT FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 PIP- Public Improvement Plan Review <1 acre* $1,629.00 $1,791.90 $1,971.09 $2,168.19 1-5 acre* $2,046.00 $2,250.60 $2,475.66 $2,723.23 >5 acre* $3,675.00 $4,042.50 $4,446.75 $4,891.43 Site Development* $1,629.00 $1,791.90 $1,971.09 $2,168.19 Minor Reviews* (single fire hydrant or $250.00 $275.00 $302.50 $332.75 utility connection) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1351 indicated with Engineering Inspections (Engineering Services) Public Improvement without a plat $175 $233.33 $291.66 $350 Page 9 of 13 Public Improvement with a non- $225/acre $300/acre $375/acre $450/acre preliminary plat plus $25 per plus $33.33 plus $41.66 plus $50 lot over 24 per lot over per lot over per lot over lots 24 lots 24 lots 24 lots After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 5. Section 14-1361 , Zoning Ordinance fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 14-1361. Zoning ordinance fees. This division sets the amounts of the fees required by the zoning ordinance. ZONING FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 REZONING APPLICATION FEES 0.00 to 0.99 acre (plus Public Notice $1,500.00 $1,650.00 $1,815.00 $1,996.50 Surcharge) 1.00 to 9.99 acre (plus Public Notice $2,250.00 $2,475.00 $2,722.50 $2,994.75 Surcharge) 10.00 to 24.99 acre (plus Public $3,000.00 $3,300.00 $3,630.00 $3,993.00 Notice Surcharge) 25.00 acre (plus Public Notice $3,750.00 $4,125.00 $4,537.50 $4,991.25 Surcharge) plus $25.00 plus $25.00 plus $25.00 plus $25.00 per acre per acre per acre per acre over 25 over 25 over 25 over 25 acres acres acres acres Planned Unit Development $1,000.00 $1,125.00 $1,265.63 $1,300.43 application surcharge (surcharge to zoning application fee) Special use permit application fee $500.00 $550.00 $605.00 $621.64 (surcharge to zoning application fee) Page 10 of 13 HISTORIC PRESERVATION Historic Overlay Zoning Application (waived if initiated by City Council or Same as the Zoning Application fee Landmark Commission) Certificate of Appropriateness $100.00 $110.00 $121.00 $133.10 (Commercial properties only) Plus Public Plus Public Plus Public Plus Public Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge Certificate of Appropriateness- Post $200.00 $220.00 $242.00 $266.20 commencement work Plus Public Plus Public Plus Public Plus Public Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge Certification of Appropriateness for $500.00 $550.00 $605.00 $665.50 demolition in addition to a Demo Plus Public Plus Public Plus Public Plus Public Permit Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge MISCALLENOUS ZONING FEES Landscape inspections $80.00 $88.00 $96.80 $106.48 Zoning verification letter $150.00 $165.00 $181.50 $199.65 Request to table zoning case $100.00 $110.00 $121.00 $133.10 Zoning sign, each $15.00 $16.50 $18.15 $19.97 Written Interpretation (UDC) $500.00 $550.00 $605.00 $665.50 Certification of UDC Compliance $150.00 $165.00 $181.50 $199.65 Non-conforming use determination $500.00 $550.00 $605.00 $665.50 Temporary use permit $150.00 $165.00 $181.50 $199.65 Board of Adjustment Application fee, Special use exemption, administrative appeal, or variance; including fence exception application. $1,120.00 $1,232.00 $1,355.20 $1,490.72 (plus public notice surcharge, if applicable) Public Notice Surcharge (waived if initiated by City Council or $250.00 Landmark Commission) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1361 Page 11 of 13 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 6. Section 10-30, Application Fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 10-30. - Application fees. (a) The application fee for a dune protection permit for Kleberg County is $1 ,060.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (b) After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 7. Section 10-38, Application Fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 10-38. - Application fees. (a) The application fees for a beachfront construction certificate are as follows: (1) Small-scale construction project: $350.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (2) Large-scale construction project, including any oil and gas exploration, production, and pipeline: $ 750.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (3) Master planned development project: $ 750.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. (b) The application fees must be paid before an application is accepted for review. Page 12 of 13 SECTION 8. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. SECTION 9. This Ordinance shall become effective upon passage. Introduced and voted on the day of 12023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 13 of 13 Development Services Fee Schedule Reaffirm Ordinance 032546 and adjust fees accordingly City Council August 29, 2023 Background • In 2018, Development Services conducted a fee study • Fees were found to be 40% below cost recovery models • Development Services held extensive input sessions with development community leading into FY2022 budget • Input sessions resulted in a four-year incremental plan to bring fees up to cost recovery models • Ordinance 032546 was adopted during FY2022 budget • Year 1: Included new fees, removed other fees,and increased existing fees by 10% • Years 2—4: All fees will increase by 10% • Years 5 and future: All fees will be adjusted based on CCI Purpose • Reaffirm Ordinance 032546 • Implement year 3 of the plan approved by Ordinance 032546 • Increase all fees 10% Example: "I Plan Review Fees Year 1 Year 2 Year 3 Year 4 Fee Description 10.01.2021 10.01.2022 10.01.2023 10.01.2024 09.30.2022 09.30.2023 09.30.2024 09.30.2025 Residential: New construction, $0.110 per square $0.121 per square $0.133 per square $0.146 per square additions,and foot foot foot foot remodels Questions? so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting August 29, 2023 1852 Second Reading Ordinance for the City Council Meeting September 05, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources eyvonmc(a-)-cctexas.com (361) 826-3315 Adopting Texas Municipal Retirement System (TMRS) non-retroactive repeating COLAs and annual accrual updated service credits CAPTION: Ordinance authorizing updates to the City of Corpus Christi's Texas Municipal Retirement System benefits (1) adopting non-retroactive repeating COLAs for retirees and their beneficiaries under Texas Municipal Retirement System Act and (2) authorizing annually accruing updated service credits; decreasing the TMRS contribution rate from 16.57% to 16.29% for calendar year 2024. SUMMARY: The Cost-of-Living Adjustment (COLA) for Texas Municipal Retirement System (TMRS) retirees is currently set at 30% of the Consumer Price Index (CPI). This ordinance will modify how the COLA will be calculated by using a new, non-retroactive repeating COLA. BACKGROUND AND FINDINGS: Currently, TMRS calculates COLA retroactively. Specifically, they look back to the cumulative change in the Consumer Price Index (CPI) and each retiree's retirement date. However, earlier this year, the Texas Legislature amended the TMRS Act to provide participating cities with a new, non-retroactive repeating COLA option. The amendment became effective on May 27, 2023. The new non-retroactive repeating COLA option eliminates the retroactive calculation by only looking back to the change in the CPI for the one-year period that ends 12 months before the COLA's effective date (the "New COLA Option"). With a non-retroactive repeating COLA, the percentage of COLA received by eligible retirees and beneficiaries will be the same, regardless of the retirement date. This ordinance will modify how the COLA will be calculated by using a new, non-retroactive repeating COLA. This change will be effective beginning January 1, 2024 using 2022 CPI. For calendar year 2024, the City's TMRS contribution rate will decrease from 16.57% to 16.29%, beginning January 1, 2024. Adopting the New COLA Option replaces any previous COLA and remains in effect until the city adopts any ordinance impacting COLAs. On October 15, 2019, the City Council approved the previous collective bargaining agreement with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for Updated Service Credits and a COLA of 30% CPI. Shortly thereafter, on December 10, 2019, the City Council approved an ordinance providing a retroactive COLA of 30% CPI for all non- uniformed City retirees and beneficiaries. Earlier this year, the Texas Legislature amended the TMRS Act to provide participating cities with a new, non-retroactive repeating COLA option. The amendment became effective on May 27, 2023. The current collective bargaining agreement with CCPOA was approved by the City Council on July 25, 2023. The current agreement includes provisions for Updated Service Credits and COLA of 30% CPI change. ALTERNATIVES: The alternative is to not make the recommended changes, but instead to keep the current retroactive repeating COLA. However, if the recommended changes are not approved, the many differing retirement dates among retirees will still be in effect which will continue to cause the percentage of COLA received by each retiree to vary. FISCAL IMPACT: For the calendar year 2024, the City's TMRS contribution rate will decrease from 16.57% to 16.29%, beginning January 1, 2024. In moving from the COLA retroactive repeating to the non- retroactive repeating, the amount of savings will be approximately $435,000 for nine months of Fiscal Year 2024 (the change is effective January 1, 2024). Future budget years will see similar savings. RECOMMENDATION: Staff recommends the adoption of the Ordinance establishing non-retroactive COLA, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing updates to the City of Corpus Christi's Texas Municipal Retirement System benefits (1) adopting non-retroactive repeating COLAs for retirees and their beneficiaries under Texas Municipal Retirement System Act and (2) authorizing annually accruing updated service credits; decreasing the TMRS contribution rate from 16.57% to 16.29% for calendar year 2024. Whereas, the City of Corpus Christi, Texas (the "City"), elected to participate in the Texas Municipal Retirement System (the "System" or "TMRS") pursuant to Subtitle G of Title 8, Texas Government Code, as amended (which subtitle is referred to as the "TMRS Act"); and Whereas, House Bill 2464, 88th Texas Legislature, R.S., 2023 ("HB 2464"), added Subsections 853.404(f) and (f-1) to the TMRS Act and authorized cities participating in the System to provide certain retirees and their beneficiaries with an annually accruing ("repeating") annuity increase (also known as a cost of living adjustment, or "COLA") based on the change in the Consumer Price Index for All Urban Consumers for the one-year period that ends 12 months before the January 1 effective date of the applicable COLA (a "non-retroactive repeating COLA"); and Whereas, new TMRS Act §853.404(f) and (f-1) allow participating cities to elect to provide non-retroactive repeating COLAs under certain circumstances, as further described by this Ordinance, by adopting an ordinance to be effective January 1 of 2024, 2025 or 2026, in accordance with TMRS Act §854.203 and §853.404; and Whereas, TMRS Act §853.404(f-1) provides the non-retroactive repeating COLA option applies only to a participating city that, as of January 1, 2023, either (1) has not passed an annually repeating COLA ordinance under TMRS Act §853.404(c) or had previously passed a repeating COLA ordinance and then, before January 1, 2023, passed an ordinance rescinding such repeating COLA, or (2) does provide an annually repeating COLA under §853.404(c) and elects to provide a non-retroactive repeating COLA under §853.404(f) for purposes of maintaining or increasing the percentage amount of the COLA; and Whereas, the City Council acknowledges that the City meets the above-described criteria under §853.404(f-1) and is eligible to elect a non-retroactive repeating COLA under §853.404(f) and that such election must occur before January 1, 2026, and after that date future benefit changes approved by the City may require reversion to a retroactive repeating COLA; and Whereas, the City Council finds that it is in the public interest to: (1) adopt annually accruing non-retroactive COLAs for retirees and their beneficiaries under TMRS Act §853.404(f) and (f-1); and (2) in accordance with TMRS Act §853.404 and §854.203(h), reauthorize annually accruing Updated Service Credits, now: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Adoption of Non-Retroactive Repeating COLAs. (a) On the terms and conditions set out in TMRS Act §854.203 and §853.404, the City authorizes and provides for payment of the increases described by this Section to the annuities 1 TMRS-USC-R COLA-R HB2464 Revised 7/2023 paid to retired City employees and beneficiaries of deceased City retirees (such increases also called COLAs). An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed in accordance with TMRS Act §853.404(f) as the sum of the prior service and current service annuities, as increased in subsequent years under TMRS Act §854.203 or TMRS Act §853.404(c), of the person on whose service the annuities are based on the effective date of the annuity increase, multiplied by 30% of the percentage change in the Consumer Price Index for All Urban Consumers during the 12-month period ending in December of the year that is 13 months before the effective date of the increase under this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation under this Section does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed under this Section. (e) In accordance with TMRS Act §853.404(f-1)(2), an increase under this Section only applies with respect to an annuity payable to a TMRS member, or their beneficiary(ies), which annuity is based on the service of a TMRS member who retired, or who is deemed to have retired under TMRS Act §854.003, not later than the last day of December of the year that is 13 months before the effective date of the increase under this Section. (f) The amount of an increase under this Section is an obligation of this City and of its account in the benefit accumulation fund of the System. (g) The initial increase in annuities authorized by this Section shall be effective on January 1 immediately following the year in which this Ordinance is approved, subject to receipt by the System prior to such January 1 and approval by the Board of Trustees of the System ("Board"). Pursuant to TMRS Act §853.404, an increase in retirement annuities shall be made on January 1 of each subsequent year, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in TMRS Act §853.404(d), until this Ordinance ceases to be in effect as provided in TMRS Act §853.404(e). Section 2. Authorization of Annually Accruing Updated Service Credits. (a) As authorized by TMRS Act §854.203(h) and §853.404, and on the terms and conditions set out in TMRS Act §§853.401 through 853.404, the City authorizes each member of the System who on the first day of January of the calendar year immediately preceding the January 1 on which the Updated Service Credits will take effect (i) has current service credit or prior service credit in the System by reason of service to the City, (ii) has at least 36 months of credited service with the System, and (iii) is a TMRS-contributing employee of the City, to receive "Updated Service Credit," as that term is defined and calculated in accordance with TMRS Act §853.402. (b) The Updated Service Credit authorized and provided under this Ordinance shall be 100% of the "base Updated Service Credit" of the TMRS member calculated as provided in TMRS Act §853.402. 2 TMRS-USC-R COLA-R HB2464 Revised 7/2023 (c) If the City previously adopted an ordinance authorizing Updated Service Credit for unforfeited prior service credit and/or current service credit with another System participating municipality (also known as "Transfer USC"), the calculations and adjustments set forth in TMRS Act §853.601 apply to any such prior Transfer USC. (d) Each Updated Service Credit authorized and provided by this Ordinance shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) The initial Updated Service Credit authorized by this Section shall be effective on January 1 immediately following the year in which this Ordinance is approved, subject to receipt by the System prior to such January 1 and approval by the System's Board. Pursuant to TMRS Act §853.404, the authorization and grant of Updated Service Credits in this Section shall be effective on January 1 of each subsequent year, using the same percentage of the "base Updated Service Credit" stated in Subsection (b) in computing Updated Service Credits for each future year, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in TMRS Act §853.404(d), until this Ordinance ceases to be in effect as provided in TMRS Act §853.404(e). Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 3 TMRS-USC-R COLA-R HB2464 Revised 7/2023 SC 00 � 0 � AGENDA MEMORANDUM NCORPOR 1�'0 Ordinance for the City Council Meeting of August 29, 2023 1852 Second Reading Ordinance for the City Council Meeting of Sept. 5, 2023 DATE: August 17, 2023 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1966 Rate Increases for Solid Waste Services CAPTION: Ordinance amending various sections of the Code of Ordinances, Chapter 21 , Solid Waste, by revising applicable rates, fees, and charges; and providing an effective date. SUMMARY: This ordinance increases the monthly solid waste collection charges for residential, commercial and ancillary collection services by 5%, resulting in net increases of 4.3% for residential customers and 4.5% for commercial customers. The Cefe Valenzuela Landfill disposal charges will increase 5%, and the JC Elliott Transfer Station commercial charges will increase 10%. Descriptions for collection service charges are amended to clarify that solid waste collection charges are attached to the customer's water meter account, or to a gas meter account if no water meter is present. The ordinance includes other minor verbiage changes to add clarity. BACKGROUND AND FINDINGS: The Proposed FY 2023-2024 Solid Waste budget includes estimated revenues generated with the proposed rate increases of 5%for residential and commercial accounts and ancillary collection services, 5% for Cefe Valenzuela Landfill disposal charges and 10% for JC Elliott Transfer Station commercial charge. Inflationary factors have substantially impacted costs within the Solid Waste industry. Labor, fuel and equipment have been subject to double digit inflation over the past year. The recommended rate increases are needed to offset anticipated costs of providing collection and disposal services. The last effective dates for past rate increases are shown below: Residential Collection October 2018 Commercial Collection October 2022 JC Elliott Transfer Station October 2022 Landfill October 2022 ALTERNATIVES: The alternative is to approve smaller increases, or no rate increases at all. This could impact the level of service the Solid Waste Department is able to provide. FISCAL IMPACT: The rate increases add an estimated $1 ,622,000 in General Fund revenue to the Proposed FY 2023-2024 Budget, with $1 ,276,000 from residential and commercial collection services, and $346,000 from the JC Elliott Transfer Station and Cefe Valenzuela Landfill disposal services. FUNDING DETAIL: Fund: n/a Organization/Activity: n/a Mission Element: n/a Project # (CIP Only): Account: n/a RECOMMENDATION: Staff recommends amending the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Sections of Ordinance with old rates lined through and new rates underlined. Ordinance amending various sections of the Code of Ordinances, Chapter 21, Solid Waste, by revising applicable rates, fees, and charges; and providing an effective date. WHEREAS, the rates, fees, and charges established for the collection and disposal of solid waste are located in various sections of Chapter 21 of the Corpus Christi Code of Ordinances and need to be revised. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Various sections of Chapter 21, "Solid Waste," of the Code of Ordinances are amended by revising the fees, rates, and charges for the collection and disposal of solid waste, with the relevant sections' new text shown underlined and deleted text shown stricken, to read as follows: "Sec. 21-1. Definitions. Carr/ out service: Collection service where solid waste is picked up in a location other than the designated standard collection point. "Sec. 21-12. - Collection of tree limbs, grass clippings, etc. (e.g., yard waste), heavy brush, clean wood waste and bulky items. (e) Yard waste, heavy brush, clean wood waste, and bulky items shall generally be collected in the same location as garbage is collected as provided by section 21-22. Rear Pleer Carry out service garbage collection customers shall set out yard waste, heavy brush, clean wood waste, and bulky items on the curb or alley service location. Yard waste, heavy brush, clean wood waste, and bulky items may not be set out in the side yard of a residence if the side yard adjoins an arterial or collector street. "Sec. 21-40. Charges—For collection services within the City of Corpus Christi. Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) One-family dwelling $44.494 $17.76 (2) Two-family dwelling on one (1) water andiGF gas meter $37.29 $17.76 each unit (3) Two-family dwelling to eight-family dwelling on separate $16.91 $17.76 water meters each unit (4) Apartment $16.91 $17.76 per unit (5) One-family dwelling and single apartment on one (1) water $37.29 $17.76 baa meter per unit Page 1 of 5 (6) Apartment house, travel trailer park, or manufactured home $16.91 $17.76 park on one (1) water aPA4r-� meter per unit (7) Apartment house, travel trailer park, or manufactured home $16.91 $17.76 park – each apartment, travel trailer pad, or manufactured per unit home site on separate water aR44r� meter (8) Additional charge for rear deeK carry out service pick up on $1-3.95 $13.70 carry out service of any type above per unit 8.1 Commercial customer, on one 1 water meter $49-99 $41.01 (9) Additional truckloads of yard waste, heavy brush, clean $42259 $82.63 wood waste, or bulky items at time of scheduled yard waste, per truckload heavy brush, or bulky item collection (10) Surcharge for bulky item pick up $13.29 $13.76 per item (11) Special non-scheduled yard waste, heavy brush, clean wood Actual cost not waste, debris, or bulky items collection, including pick up of to exceed yard waste, heavy brush, clean wood waste, debris, and $229.99 bulky items set out more than five days prior to the $231 .00 scheduled pick up of brush, waste, debris, or bulky items and per truckload that is a traffic, safety, or health hazard (12) Reserved Reserved (13) Surcharge for tires set out for collection on a non-designated $5.59 $5.78 collection day; size of tires must be 20 inches or less in per tire diameter (14) Garbage cart delivery fee—assessed for every second and $11 .99 $11.55 additional residential cart delivered and for every third per cart commercial cart delivered per account (14.1) Monthly collection fee on second and additional residential $19.99 $10.50 carts and commercial carts per cart (15) Improvements to solid waste services $2.39 $2.51 per month (16) Recycling education—Surcharge $9.25 $0.26 per month (17) Solid waste capital improvements $1 .59 $1.58 per month (18) Non-scheduled cart collection—Assessed for service or for $15 .99 $11 .55 removal of cart when cart is an immediate hazard to per incident vehicular traffic on a street or alley or to pedestrian movement on a sidewalk, or when cart is left out for collection and remains present on an undesignated collection da (19) Super bag collection service (sales tax included) $135.00 each (20) Special waste collection fee – recycling cart 1 $25.00 (b) . . . (e) . . . Page 2 of 5 "Sec. 21-41. Charges—For disposal services. 11(a) . . . "(d) . "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: "(1) . . . "(2) Commercial "oH customers– Landfill (tipping rate). A Solid waste by weight $43.95 $45.16 per ton* B Loose load of solid waste, not weighed $11 .Q4 $12.53 per cubic yard* C Compacted load of solid waste, not weighed $15.63 $16.51 per cubicyard* D Construction and demolition debris, not weighed $15.63 $16.40 per cubic yard E Heavy brush and yard waste, not weighed $15.63 $16.40 per cubic yard F Commercial vehicle transporting household waste for a No charge residential customer when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) "* Includes state disposal fee, state/federal mandated surcharges as provided by section 21-42. "(3) Commercial "otic customers– Transfer station (tipping rate). A Solid waste by weight $48.93 $52.74 per ton* B Loose load of solid waste, not weighed $13-33 $14.64 per cubic yard* C Compacted load of solid waste, not weighed1'. I 1 $19.28 per cubic yard* D Construction and demolition debris, not weighed $17.44 $19.17 per cubic yard E Heavy brush and yard waste, not weighed $17.44 $19.17 per cubic yard F Commercial vehicle transporting household waste for a No charge residential customer when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) Page 3 of 5 "* Includes state disposal fee, state/federal mandated surcharges as provided by section 21-42. "(4) Special fees. A Clean, uncontaminated dirt that is suitable for landfill use No charge (as determined by landfill superintendent or designee of the superintendent) B Clean wood waste, heavy brush, or rubble suitable for $12.65 $13.90 per recycling, including crushed concrete, asphalt, bricks, etc. ton C Large household appliances, such as stoves, washing $13.23 $14.55 each machines, clothes dryers, dishwashers, refrigerators, or other similar items, except large household appliances transported in a non-commercial vehicle by a residential customer who resides within the city D Tires Automobile $2.50 Truck or large trailer tires (16-19") $tea $4.25 Tractor tires :520" $4-55 $6.00 Larger than 20" Market price as determined by director Cut into quarters or more Tipping fee rate E Vehicles with loads not adequately secured so as to $14.99 $15.50 prevent any of the contents of the transported load from being ejected or dropped during transport of the load F Use of scales $4445 $35.10 G Any solid waste that requires special preparation, handling, As determined by or cover the director Section 2. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Section 3. This ordinance takes effect October 1 , 2023; provided, however, that the increases to the tipping fees stated in Section 1 of this ordinance, specifically in Sections 21-41(e)(2) and (3), as made applicable to permitted solid waste haulers holding either an 80% or a 100% guaranteed waste volume contract with the City, take effect on and after January 1 , 2024. Page 4 of 5 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 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 5 of 5 SERVICES Solid Waste Rate Increases a Council Presentation August 29, 2023 Proposed Solid Waste Fee Increase Proposed Rate Increases: • 4.3% for residential customers ($1.15 per month) - Last increase was FY 2019 • 5.0% for Cefe Landfill commercial customers • 10.0% for Transfer Station commercial customers Description Current Proposed $ change % change Residential Collection-Monthly $26.70 $27.85 $1.15 4.3% Commercial Collection -Monthly $51.49 $53.83 $2.34 4.5% Transfer Station - Per Ton $47.09 $51.80 $4.71 10.0% Cefe Valenzuela Landfill - Per Ton $42.11 $44.22 $2.11 5.0% Cefe V. Landfill Contract Rate- Per Ton $31.58 $33.17 $1.59 5.0% z Services Funded by Utility Bill Fees Services provided by Solid Waste Service rates: • Weekly Trash collection • Every other week Recycling • Brush 4 times per year and Bulky twice per year • 12 Litter Critter events per year • Litter collection crew • Illegal dumping enforcement • Graffiti clean up • Dead animal collection • Transfer Station open to residents 6 days per week • Free household hazardous waste (HHW) disposal • Free brush disposal 3 Cost of Service Year over Year FY23 FY 24 °Increase Line of Service Cost of Service Proposed Budget Residential Refuse $7,466,617 $7,601,011 2% Residential Recycling $3,270,953 $3,837,723 17% Brush and Bulk Collection $3,238,469 $3,925,821 21% Disposal (Transfer Station) $2,271,108 $2,452,290 8% Disposal (Landfill) $4,000,365 $4,086,779 2% Compliance $1,389,977 $1,506,663 8% Graffiti Clean-up Project $307,548 $310,308 1% Total Cost $21,945,037 $23,720,595 8% NOTE: Cost of Service Does Not Include Administration or General Fund Transfer Expenditures 4 Operating Expenses (FY 2020 vs FY 2023) 2020 2023 Actual Estimated Difference Solid Waste Department Expenses Professional Services $9,560,900 $9,407,556 -$153,344 Lease Purchases $1,942,957 $3,704,383 $1,761,426 Fuel $891,714 $1,960,961 $1,069,247 Vehicles and machinery $737,914 $25,000 -$712,914 Total Expense $13,133,485 $15,097,900 $1,964,415 Overall 15%increase in operating expenses since 2020 s Operating Expenses Examples - Drivers 2020 2023 Percent Significant COS Drivers Actual Estimated Difference Change Sanitation Operator II Min.Hrly Rate $15.52 $20.60 $5.08 24.7% Equipment Garbage Trucks-Each $336,160 $416,098 $79,938 23.8% Brush Truck $149,620 $207,427 $57,807 38.6% Self-Loading Brush Truck $176,794 $226,238 $49,444 28.0% Rear Steer Brush Loader $199,750 $266,238 $66,488 33.3% Truck Tractor $136,109 $147,113 $11,004 8.1% Roll-off Truck $199,920 $203,984 $4,064 2.0% Walking Floor Trailers $83,903 $126,943 $43,040 51.3% Refuse Carts/each unit $42.50 $55.00 $12.50 29.4% Fuel-Diesel/Gallon $1.76 $3.28 $1.52 86.4% Fuel-Unleaded/Gallon $1.76 $2.73 $0.97 55.1% 6 Solid Waste Services Questions? so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 29, 2023 1852 Second Reading for the City Council Meeting of September 5, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Public Works Director ErnestoD2(o-)-cctexas.com 361-826-1677 Ordinance Amending Section 55-709, Drainage Utility Charge, of the City Code of Ordinances to levy an Amended Schedule of Storm Water Drainage Charges CAPTION: Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of storm water drainage charges, repealing conflicting provisions, providing a savings clause, and providing an effective date. SUMMARY: Ordinance amending Section 55-709, Drainage Utility Charge, of the City Code of Ordinances to levy an amended schedule of storm water drainage charges to all benefitted properties in the service area of the City of Corpus Christi, Texas; repealing conflicting provisions, and providing a savings clause. BACKGROUND AND FINDINGS: From 1989-2021, the City of Corpus Christi funded storm water services through the water utility rate. In September 2021, the City's first Municipal Drainage Fee ("Storm Water Fee")was adopted by City Council and went into effect for ratepayers on January 1, 2022. FY 2022 estimated Storm Water Fund revenues total $18.05M and stem from both the water utility rate ($4.35M) and the Storm Water Fee ($13.61 M). FY 2022 Storm Water Fund had no debt service expenses. However, FY2023 Storm Water Fund has $1.8 million in debt service expenses but was projected to bring in $23 million in revenue. As was requested by the Mayor and City Manager at the time, the Public Works Department successfully created and has since maintained a fair and equitable fee structure for storm water that more accurately reflects usage of the City's drainage system. The objectives of the Storm Water fee are threefold: • To create a stable revenue stream that allows Public works to properly maintain and increase services to the storm water system to include capital improvement projects • Create financial transparency by removing storm water from the water rate • Create a fair fee structure for storm water management that is tied to drainage runoff Staff is tasked with developing a comprehensive five-year plan of recommended improvements based on the City's critical storm water needs, to include the prevention of regional flooding, resident demands for services, and pollution mitigation efforts aimed at reducing floatables (trash) from entering our creeks, bays, estuaries, and ocean. In order to meet debt service expenses, and the proposed increased level of service, more revenue is required. The FY 2024 service enhancements include: • In-House Street Sweeping Program: Increase sweeping of Collectors from four to six times a year • Minor storm water channel maintenance crew to begin a planned maintenance program for the City's minor storm water channels ("bar ditches") • Pump Station Improvements to our aging infrastructure FY 2025-2027 recommended planned improvements include: • Street Sweeping: Transitioning total program to City Forces and increasing the following sweeping schedules annually as shown below o residential from 2 to 4 annual sweeping cycles o arterials from 6 to 12 annual sweeping cycles o collectors from 10 to 12 annual sweeping cycles • Vegetation Maintenance: Herbicide and Mowing Improvements • ID/IQ Construction Contract: Bridge, Channel and Infrastructure Rehabilitation • Continued Bay Water Quality Improvements • Addition of a second minor storm water channel maintenance crew and maintenance of lines construction crew Sec. 55-709. Drainage Utility Charge (a) Drainage Utility Charge is hereby imposed upon each improved lot and parcel within the Service Area. The Drainage Utility Charge began on January 1, 2022 and will be amended on October 1, 2023 to the charges established herein. Drainage Utility Charges shall be billed on a monthly basis thereafter for the duration of the drainage utility. (b) For purposes of imposing the Drainage Utility Charge, all lots and parcels within the City are classified into the following customer categories: (1) Residential Single-Family Property and (2) Non-Single-Family Residential (commercial) Property. (c) The ERU value for the City is determined through an inventory of all improved single- family residential parcels in the City and determination of Impervious Area for each parcel. This study shows that the impervious area for an average single-family residence in the City is 3,280 square feet. (d) The monthly Drainage Utility Charge for properties shall be calculated by multiplying the total number of ERU's for the parcel by the ERU monthly billing rate. SINGLE FAMILY RESIDENTIAL PARCELS: Numbers Stormwater Unit of Parcels Equivalent Single Family �6 98,959 1 Residential TIERED SINGLE-FAMILY RESIDENTIAL DRAINAGE FEES: Estimated Equivalent ,-T 2022 FY 2024 Impervious Area Residential Unit Tier 1 Less than 3,000 sq. ft. 0.75 $a.-77 $6.63 Tier 2 3,000 sq. ft.- 4,500 sq. ft. 1.00 " $8.84 Tier 3 Greater than 4,500 sq. ft. 1.75 $4,3-46 $15.47 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) FACTORS: Intensity of Development (IDF) factors Property's State Code determines derived from City Drainage Manual which OF is used Rate Calculation = (Gross area x IDF) / 3,280 s .ft. 1 stormwater unit = 3280 square feet All properties (Non-SFR) 1 or more Stormwater Units based on calculation (area x factor) INTENSITY OF DEVELOPMENT FACTOR (for Non-Single Family Commercial) State Code Intensity of Number of Land Use Land Uses Development Parcels Factor Townhouse Dwellings/ 1311, B3, B5, B7, Multiple Dwellings District; B8 B9 0.65 2-97306 Manufactured Homes Apartments 131, B10, B6 0.80 42-6747 Business District F1 0.85 7� 5,994 Industrial District F2, F3, F4, F5, J3, 0.7 356 232 J4, J5 Railroad Yard Areas 0.30 0 Parks, Playgrounds, 0.31 .91 Greenbelts, Cemeteries Private Streets 0.83 0 Agriculture Uses D1, ESR, E2, E3 0.05 47-444 Commercial Stock C1 0.17 4-,6-95723 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) RATE: Type of Use (Non-Single- YR =22 FY 2024 Family Commercial) Non-Single Family Rate $7.69 nor „r,+ (Commercial) $8.84 per unit ALTERNATIVES: The alternative would be to maintain storm water revenues to be collected at FY 2023 rates, whereby Public Works would be forced to reduce storm water service levels currently provided to residents so that the City can successfully meet their storm water utility revenue bond debt obligations for FY 2024. FISCAL IMPACT: N/A Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the ordinance to amend Section 55-709, Drainage Utility Charge, of the Corpus Christi Code, to levy an amended schedule of storm water drainage charges, repealing conflicting provisions, and providing a savings clause. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Council Presentation Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of stormwater drainage charges, repealing conflicting provisions, providing a savings clause, and providing an effective date. WHEREAS, on September 7, 2021 , the City Council created a Municipal Drainage Utility System as authorized by Texas Local Government Code Chapter 552, Subchapter C, "Municipal Drainage Utility Systems," as amended (the "Act"), within the City's municipal boundaries and levied charges related thereto; WHEREAS, city staff has studied the cost of operating the Municipal Drainage Utility System during the last year and has determined that the Municipal Drainage Charges set forth in Section 55-709 of the City Code should be amended to reflect current costs of operating a municipal drainage utility system for the citizens of Corpus Christi, Texas. WHEREAS, notice of the proposed increase in storm water drainage fees as set out in this ordinance has been published in a newspaper of general circulation in advance of a public hearing before the City Council to be held on August 29, 2023, regarding this ordinance. WHEREAS, the City Council finds that (1) this ordinance establishes a schedule of drainage charges against all real property in the City's service area, (2) the City will provide drainage for all real property in the City's service area on payment of drainage charges, except real property exempted under Chapter 552 of the Act, and (3) the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The above and foregoing recitals and premises to this ordinance are true and correct and are incorporated herein and made a part of this ordinance for all purposes. SECTION 2. The City Council of Corpus Christi hereby levies the Schedule of Drainage Charges applicable to all non-exempt property owners in the City's service area for the collection, handling and transportation of stormwater drainage and runoff in accordance with the ordinance that created the City's Municipal Drainage Utility System. SECTION 3. Section 55-709, Drainage Utility Charge, of the Corpus Christi Code is amended to read as follows: "Sec. 55-709. Drainage Utility Charge (a) A Drainage Utility Charge is hereby imposed upon each improved lot and parcel within the Service Area. The Drainage Utility Charge shall be billed beginning October 1 , 2023. Drainage Utility Charges shall be billed on a monthly basis thereafter for the duration of the drainage utility. (b) For purposes of imposing the Drainage Utility Charge, all lots and parcels within the City are classified into the following customer categories: (1) Residential Single-Family Property and (2) Non-Single-Family Residential (commercial) Property. (c) The ERU value for the City is determined through an inventory of all improved single-family residential parcels in the City and determination of Impervious Area for each parcel. This study shows that the impervious area for an average single- family residence in the City is 3,280 square feet. (d) The monthly Drainage Utility Charge for properties shall be calculated by multiplying the total number of ERU's for the parcel by the ERU monthly billing rate. SINGLE FAMILY RESIDENTIAL PARCELS: Numbers of parcels Stormwater Unit Equivalent Single Family Residential 98,959 1 TIERED SINGLE-FAMILY RESIDENTIAL DRAINAGE FEES: Estimated Impervious EquivalentPY 2022 FY 2024 Area Residential Unit Tier 1 Less than 3,000 sq. ft. 0.75 $5.77 $6.63 Tier 2 3,000 sq. ft.- 4,500 sq. ft. 1 .00 $7.69 $8.84 Tier 3 Greater than 4,500 sq. ft. 1 .75 $13.46}$15.47 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) FACTORS: Intensity of Development (IDF) factors Property's State Code determines which IDF is derived from City Drainage Manual used Rate Calculation = (Gross area x IDF) / 1 stormwater unit = 3280 square feet 3,280 sq.ft. All properties (Non-SFR) 1 or more Stormwater Units based on calculation (area x factor) INTENSITY OF DEVELOPMENT FACTOR (for Non-Single Family Commercial) State Code Intensity of Land Use Land Uses Development Number of Factor Parcels Townhouse Dwellings/Multiple B11, B3, B5, B7, B8, B9 0.65 297 306 Dwellings District; Manufactured Homes Apartments 131, B10, B6 0.80 42-6747 Business District F1 0.85 ,-,Q-9 5,994 Industrial District F2, F3, F4, F5, J3, J4, J5 0.7 4&6 232 Railroad Yard Areas 0.30 0 Parks, Playgrounds, 0.31 91 Greenbelts, Cemeteries Private Streets 0.83 0 Agriculture Uses D1, ESR, E2, E3 0.05 47-444 Commercial Stock C1 0.17 4-#95 723 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) RATE: Type of Use (Non-Single-Family Commercial) yQ�3- FY 2024 Non-Single Family Rate (Commercial) $7.69 nor „n;+ $8.84 per unit (e) The Public Works Department shall be responsible for determining Impervious Area of property based on reliable data, including the appraisal roll, geographic information system technology, aerial photography, or other reliable means for determining Impervious Area. The Public Works Department may require additional information from the property owner, tenant, manager, or developer to make the determination. The amount of a charge may be revised by the Public Works Department based on any additions to the Impervious Area through the City approved building permit process. (f) No Drainage Utility Charge credit shall be given for the installation of drainage facilities required by the code or state law. SECTION 4. All provisions of the ordinances of the City of Corpus Christi in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 6. This Ordinance shall take effect on October 1, 2023, at which time the rates described herein will apply to all properties subject to the Drainage Utility Charge. 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 Sylvia Campos Gil Hernandez Mike Pusley Michael Hunter Dan Suckley Everett Roy 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 Sylvia Campos Gil Hernandez Mike Pusley Michael Hunter Dan Suckley Everett Roy PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Department of Public Works Drainage Utility Charge Ordinance Amendment Council Presentation • August 29, 2023 Drainage Utility Fee Background • AKA"Storm Water Fee" • Established as a stand-alone utility fee in September 2021 • Went into effect for customers January 1, 2022 • Estimated revenue from proposed rate: $26.5 million • Debt obligations and planned storm water enhancements require a newly leveraged fee for residential and non-residential customers STORM WATER FUND FY 2024 PROPOSED BUDGET: $29. 1 M Fund Balance Interest&Investments 0 Debt Services&Sales capital $5.5 AI locations Qus c $3.5 o°a°" HR<ra Operating 12% m mak 30% J y ia52 Fund 4300 FY 2022 FY 2023 FY 2024 Variance Storm Water Actuals Budget Budget 23 vs.24 FY 2023-2027 Five-Year Enhancement Forecast PROPOSED IMPROVEMENTSFY 2024 FY 2025 FY 2026 FY 2027 Inlet Cleaning and Inspection Crew Enhancement FY 23:Add one 7.0 FTE crew and capital equipment Emergency Storm Water Infrastructure Improvements FY 23:Funding for emergency capital storm water projects O O Staff Professional&Technical Development Training FY 23:Funding for technical staff training and certifications O O In-House Street Sweeping Program Enhancements FY 24:Purchase 2 Street Sweepers&Add 5 Sweeper Operators FY 25:Purchase 2 Street Sweepers&Add 2 Sweeper Operators O O O FY 26:Purchase 3 Street Sweepers&Add 4 Sweeper Operators Minor Channel Maintenance Service Enhancement FY 24:Add one 8 FTE crew and capital equipment O O FY 25:Add one 8 FTE crew and capital equipment FY24 One-Time Pump Station Improvements FY25+Vegetation Management Targeted ROW Herbicide O Program FY 24:Add one 2.0 FTE crew and capital equipment Maintenance of Storm Water Lines Service Enhancement O FY 26:Add one 16.0 FTE crew and capital equipment 4 FY 2022-2027 Service Enhancement Forecast STORM Storm Water Inlet 3.5 1.3 1.3 1.3 1.3 1.3 Cleaning&Maintenance' years years years years years years Vegetation Management 20x 20x 20x 20x 20x 20x ROW Mowing2 In-House Street Neighborhoods 2x 2x 2x 3x 4x 4x Sweeping Program2 Collectors 2x 4x 6x 8x 10x 12x (Non-Existent Prior to FY 2022) Arterials 8x 8x 10x 10x 10x 12x Minor Channel("Bar Ditches") As As 6 3 3 3 Cleaning&Maintenance' Requested Requested years years years years Major Channel/Natural Creek Way 2.0 2.0 2.0 2.0 2.0 2.0 Restoration&Maintenance' years years years years years years CCTV of 679 Miles of Underground System N/A N/A 35 35.0 35.0 35.0 $850k/Year Miles Miles Miles Miles Note:(1)Cycle length;(2)Cycles per year. 5 5 FY 2023-2027 Five-Year Forecast FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 ProgramBase $ 16.0M $ 20.04M $ 22.49M $ 29.63M $ 34.37M $ 38.12M Improvements $ 2.00M $ 2.93M $ 6.66M $ 4.74M $ 3.75M $ 2.00M Total00 40 Residential Residential $ 6.12 $ 7.69 $ 8.84 $ 10.32 $ 11.59 $ 12.84 Residential $ 10.71 $ 13.46 $ 15.47 $ 18.06 $ 20.28 $ 22.47 • • - $ 6.12 $ 7.69 $ 8.84 $ 10.32 $ 11.59 $ 12.84 per ERU per ERU per ERU per ERU per ERU per ERU * ERU= Equivalent Residential Unit 6 Recommendations Staff recommends approval of the amended Drainage Utility Fee as presented. so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 29, 2023 1852 Second Reading for the City Council Meeting of September 5, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Michael Murphy MichaelMurCu)-cctexas.com Ordinance adopting the water and wastewater rates effective January 1 , 2024 CAPTION: Ordinance amending Corpus Christi Code Section 55-50 regarding water rates and Section 55-100 regarding wastewater rates effective January 1 , 2024. SUMMARY: This item is to adopt the City of Corpus Christi Code of Ordinances for water and wastewater rates and fees effective January 1, 2024. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on changes to the Code of Ordinances. The City of Corpus Christi is proposing to amend the City Code of Ordinances, Chapter 55 — Utilities, revising water and wastewater rates as of January 1, 2024. ALTERNATIVES: The alternative would be to maintain current water and wastewater revenues to be collected at FY 2023 rates, whereby Corpus Christi Water would be forced reduce water and wastewater service levels currently provided to residents so that the City can successfully meet their combined utility revenue bond debt obligations for FY 2024. FISCAL IMPACT: The net financial impact of the revenue generated from the proposed water and wastewater rate changes effective January 1, 2024 for FY24 is approximately: Water Fund $24,200,000 Wastewater Fund $14,000,000 Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the ordinance to amend the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Corpus Christi Code Section 55-50 regarding water rates and Section 55-100 regarding wastewater rates effective January 1, 2024. Now, therefore, be it ordained by the City Council for the City of Corpus Christi, Texas: Section 1. That the City Code Section 55-50 is amended to revise water rates as shown in redline text follows: Sec. 55-50. Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size Effective Inches January 1, 242-2 2024 Residential �8-3/4 $12.92 Commercial �8-3/4 $12.92 Residential and Commercial 1 $489 $32.30 1'/2 $32-.34 $64.60 2 $64-6G $103.36 3 $4 -36 $193.80 4 $2-Gr-. $323.00 6 $323.99 $710.60 8 $644-4041,162.80 10 $64.6-. $1,938.00 16 or larger $646-Q0 $1,938.00 Large Volume Any size $24,202 Temporary construction 1 $489 $32.30 1'/2 $32-34 $64.60 2 $64-68 $103.36 2. Outside city limits ("OCL"): Meter Size Effective Inches January 1, 242-2- 2024 Residential C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 1 of 14 V&__3 $19.39 Commercial %$-3/4 $19.39 Residential and Commercial 1 $24-98448.45 1'/2 $4- -4. $96.90 2 $46-9-04155.04 3 $4,5, 5. $290.70 4 $319.99 $484.50 6 $484-50 $1,065.90 8 $464-99 $1,744.20 10 $4&9-99 $2,907.00 16 or larger $969-99 $2,907.00 Large Volume Any size $49,392-98 $24.202 Temporary construction 1 $x-98-$48.45 1'/2 $4846-$96.90 2 $46-994103.36 b. Untreated water customers. Effective January 1, 2020 Minimum monthly service charge, water $432.20 districts/municipalities with raw water supply contracts executed after January 1, 1997 Minimum monthly service charge for $263.23 public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 Minimum monthly service charge, $451.73 industrial Minimum monthly service charge, $15.04 domestic Minimum annual service charge, $150.57 domestic Minimum monthly service charge, $225.71 agricultural irrigation water service Minimum monthly service charge, $300.95 temporary construction water service Minimum monthly service charge, $1,736.75 temporary large volume industrial C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 2 of 14 untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1 , 1997: If the charge based on the volume of water taken in a monthly billing period is less than $263.23, the customer shall be billed $263.23, unless a valid water supply contract between the customer and city that was executed prior to January 1 , 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1 , 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Effective January 1, 242-2 2024 Any size $37, 2 $24,202 (2) Monthly volume charges per 1 ,000 gallons. a. Residential rate. 1 . Inside city limits: Effective January 1, 242-2 2024 First 2000 Gallons Minimum* 2001 - 6000 Gallons $5.08 6001 - 15000 Gallons $5.83 15001 + Gallons $6.36 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 242-2 2024 First 2000 Gallons Minimum* 2001 - 6000 Gallons $444 $5.08 6001 - 15000 Gallons $4489 $5.83 15001 + Gallons $4:94 $6.36 *Use the minimum charges in subsection (a)(1). b. Commercial rate. C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 3 of 14 1. Inside city limits: Effective January1, 202 2024 First 2000 Gallons Minimum* 2001 + Gallons $5.56 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 242-2 2024 First 2000 Gallons Minimum* 2001 + Gallons $4-2-2 $5.56 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. Effective January1, 2022 2024 First 2000 Gallons Minimum* 2001 + Gallons $4-57- $3.57 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size Effective Inches January 1, 202 2024 First 2000 Gallons Minimum* 2001 + Gallons $6.36 2. Outside city limits Meter Size Effective Inches January 1, 28222024 First 2000 Gallons Minimum* 2001 + Gallons $4-9-0- $6.36 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 4 of 14 Effective January 1, 242-2 2024 First 2000 Gallons Minimum* 2001+ Gallons $4-2-&- $1 .74 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective January 1, 242-2 2024 First 2000 Gallons Minimum* 2001 + Gallons $4-74 $2.41 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Effective January 1, 242-2 2024 First 10,000,000 Gallons Minimum* Each Additional 1000 Gallons $3.94 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January1, 2822 2024 First 10,000,000 Gallons Minimum* Each Additional 1000 Gallons $4--95 $3.94 *Use the minimum charges in subsection (a)(1). g. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 5 of 14 gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: Effective January1, 2020 First 10,000,000 Gallons Minimum* Each Additional 1000 Gallons $3.751 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 2020 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $0.1314 *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: Effective January 1, 2822 2024 First 2000 Gallons Minimum* 2001 + Gallons $5.56 *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January1, 2422 2024 First 2000 Gallons Minimum* 2001 + Gallons $4-57- $5.56 *Use the minimum charges in subsection (a)(1). C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 6 of 14 2. Untreated water. A. Inside city limits: Effective January 1 , 2022 First 2000 Gallons Minimum* 2001 + Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective Januar 1 , 2022 First 2000 Gallons Minimum* 2001 + Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. Effective January 1 , 2022 First 2000 Gallons Minimum* 2001 + Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). j. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1 , 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Effective January 1 , 2020 First acre foot or fraction thereof Minimum* Over acre foot $1 ,248.02 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 7 of 14 (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1 , 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1 , 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1 , 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system-wide raw water sales, adjusted for water losses. The RWCA will be calculated every odd-numbered year no later than October 1 to be effective the following January of even-numbered years using the adopted utility rate model. Two (2) subsequent years' RWCA will be calculated according to the following procedures, and then an average rate determined which will yield raw water required revenues over a two-year period: (1) Use projected system-wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 8 of 14 foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10)Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect coverage required on current annual debt service in order to comply with bond covenants, and improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (water supply development reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this water supply development reserve will be deposited into a fund set aside for this purpose. (15)The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) Determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two (2) years. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 9 of 14 charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, saltwater, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long-range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those large volume wholesale customers with contracts containing such provisions. Section 2. That the City Code Section 55-100 is amended to revise wastewater rates as shown in redline text as follows: Sec. 55-100. Schedule. (a) The monthly charge to be paid by users of wastewater service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C41A888E\@BCL@C41A888E.docx Page 10 of 14 Classification—Residential Effective January 1,-242-2 2024 Inside city limits One-family minimum monthly charge (first 2,000 $33.58 gallons) One-family per 1 ,000 gallons over 2,000 $7.02 Inside city limits One-family maximum monthly charge (up to 25,000 $195.04 gallons) Outside city limits One-family minimum monthly charge (first 2,000 $41 .99 gallons One-family per 1 ,000 gallons over 2,000 $15.69 $11 .06 Outside city limits One-family maximum monthly charge (up to 25,000 $489-7-9 $296.37 gallons) Classification—Commercial Effective January 1, 242-2 2024 Inside city limits Commercial minimum monthly charge (first 2,000 $46.10 gallons Inside city limits Commercial per 1 ,000 gallons over 2,000 $a-2-& $7.02 Outside city limits Commercial minimum monthly charge (first 2,000 $57.63 gallons) Outside city limits Commercial per 1 ,000 gallons over 2,000 $440.59 $11 .06 (b) By May 1 , 2020, the amount of water used to compute the monthly bills for wastewater service to one-family residential customers shall be computed on the basis of the "winter quarter average usage" that is calculated pursuant to this subsection and every year thereafter. (1) Definitions. a. Winter quarter averaging wastewater charge period: The period of water and wastewater service during the three (3) preceding winter quarter months of December, January and February. The initial winter quarter averaging wastewater charge period occurs during the months December 2019 through March 2020. b. Winter quarter average usage: The monthly wastewater usage established by the city during the "winter quarter averaging wastewater charge period" based upon the customer's thirty-day average water consumption during that period. Page 11 of 14 c. Interim residential average usage: The monthly wastewater usage established by the city for individual customers who have not established a "winter quarter average usage". The "interim average" is calculated annually based on the average "winter quarter average usage" for all residential customers during the "winter quarter averaging wastewater charge period" as determined each year, and is the basis for monthly wastewater charges until a "winter quarter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area: The geographic region served by the city's wastewater system. (2) Winter quarter average criteria. a. The customer must receive wastewater service at one (1) location during the entire winter quarter averaging wastewater charge period in order to establish a "winter average usage". b. "Winter quarter average usage" charges shall apply to one-family residential customers only. c. The following method will be used to calculate the customer's "winter quarter average usage": 1 . Add the customer's water consumption during the winter quarter averaging wastewater charge period to determine total winter quarter consumption. 2. Divide total winter quarter consumption amount by +ham the number of days between the reading in December and the latest reading in March to determine the average daily usage. In the event a reading in December does not exist, the most recent prior reading will be utilized. 3. Multiply the average daily usage by thirty (30) to determine winter quarter average usage. Such winter quarter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. d. The following method will be used to calculate the customer's monthly wastewater charge: apply the applicable wastewater rates established in subsection (a) to calculate the customer's monthly wastewater charge. The adjusted rate that applies to service on and after May 1 will reflect wastewater usage based on the previous "winter quarter averaging wastewater charge period." A new winter quarter average usage shall be calculated by May 1 annually based upon the amount of water used during the winter quarter averaging wastewater charge period. e. New and relocating customers; adjustments: 1 . Customers new to the service area, who have not established a "winter quarter average", shall be billed at the "interim average" rate. Page 12 of 14 ThrrTc"nTc riGTrT ay FageTr� � t nn �hni is �nrl /Z nnn\ n �llnnc nor i-Fi-A p t h 2. Customers who are relocating within the service area, who established a "winter quarter average " at their previous address, shall be billed at the "interim average rate" or their "winter quarter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter quarter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter quarter average charge period, and if the customer can produce proof of repairs, the director of water utilities or the director's designee may adjust the wastewater bill. f. The city will begin in March 2020 to implement winter quarter averaging as soon as the city billing system has been programmed to calculate the wastewater bills utilizing winter quarter average usage. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters, the customer shall pay additional abnormal wastewater surcharges as provided in section 55-148. (d) Due to the extreme cold weather event in February 2021 , the wastewater winter quarter average usage (WQA) will not be recalculated in 2021 . Instead, the amount previously calculated as the WQA in 2020 will be used as the WQA for wastewater service in May 2021 through April 2022. A customer may request a review and adjustment of their WQA calculation on a case-by-case basis if they have objection to use of their 2020 WQA. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect upon publication, with the revised utility rates taking effect upon the dates as stated herein. The utility rates in effect at the time this Ordinance is adopted remain in full force and effect until the effective date of the utility rates as stated in this Ordinance. Page 13 of 14 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 Page 14 of 14 S C�` 0� � v AGENDA MEMORANDUM NCORPOR 1'0 1852 First Reading Ordinance for the City Council Meeting of August 29, 2023 Second Reading Ordinance for the City Council Meeting of September 5, 2023 DATE: August 15, 2023 TO: Peter Zanoni, City Manager FROM: Alma Casas, Interim Director of Finance AlmaC@cctexas.com (361) 826-3610 Increasing Property Tax Homestead Exemption for 10% to 20% over 2 years and Increasing the Over-65 or Disabled Property Tax Exemption from $50,000 to $62,500 CAPTION: Ordinance amending Ordinance 17150 by increasing the exemption for ad valorem taxes for all qualified residence homesteads from 10% to 15% of assessed value commencing Tax Year 2024 and from 15% to 20% of assessed value commencing Tax Year 2025; and increasing the exemption for ad valorem taxes for persons' residence who are disabled or 65 years of age or older from $50,000, as approved by the citizens of Corpus Christi on April 4, 1987, to $62,500, commencing Tax Year 2024; providing that this ordinance is cumulative and for an effective date, severance, publication, and codification. SUMMARY: Councilmember Mike Pusley is recommending that the homestead exemption for the City of Corpus Christi be increased from 10% of assessed value to 20% of assessed value and the homestead exemption for those over-65 or disabled be increased from $50,000 to$62,500. Upon reviewing the financial impact to the City, City staff is recommending implementing the increase in homestead exemption over two years. BACKGROUND AND FINDINGS: On July 28, 1982, the City Council approved Ordinance 17150 adopting a qualified homestead exemption of 10% of assessed value or $5,000 minimum as per section 11.13(n) of the Property Tax Code. Increasing the exemption from 10% to 20% would result in an estimated recurring property tax revenue reduction for the City of Corpus Christi of approximately$8.2 million annually beginning in FY 2025. The annual savings to an average homeowner would be $159 or $13.25 monthly. Section 11.13(d) of the Property Tax Code states that an individual who is disabled or is 65 or older is entitled to an exemption from taxation by a taxing unit of a portion of the appraised value of the residence homestead if the exemption is adopted either by the governing body of the taxing unit or by a favorable vote a majority of the qualified voters of the taxing unit. Section 11.13(f) of the Property Tax Code states that once authorized, an exemption adopted as provided by Subsection (d) may be repealed or decreased or increased in an amount by the governing body of the taxing unit. On April 4, 1987, the citizens of Corpus Christi voted to approve an exemption of $50,000 for those who are disabled and those who are 65 or older (ordinances 19692 and 026124). Increasing the exemption from $50,000 to$62,500 would result in an estimated recurring property tax revenue loss to the City of Corpus Christi of $2.2 million beginning in FY 2025. The annual savings to an average homeowner would be $75 or$6.25 monthly. The combined annual recurring property tax reduction to the City with the recommended changes to the property tax exemptions would be $10.4 million beginning in FY 2025. However, by increasing the homestead exemption from 10% to 20% over two years would lessen the impact to $6.2 million in FY 2025 and $4.1 million in FY 2026. ALTERNATIVES: City Council could vote to increase the homestead exemption from 10% to 20% in Fiscal Year 2025 instead of splitting the increase over two years or could take no action on either increase. FISCAL IMPACT: The annual fiscal impact to the City of Corpus Christi for increasing the homestead exemption from 10% to 20% would be approximately $8.2 million annually. Of this amount $5.2 million (or 63%) would be a reduction of General Fund property tax revenue and approximately $3.0 million (or 37%) would be a reduction of Debt Service Fund property tax revenue. If the increase is divided over two years, then the fiscal impact of increasing the homestead exemption from 10% to 15% the first year and 15% to 20% in the second year would be approximately $4.1 million each year. However, changes in assessed valuations over the next two years may impact this calculation. The annual fiscal impact for increasing the over-65 or disabled property tax exemption from $50,000 to $62,500 would be approximately $2.2 million. Of this amount, approximately $1.4 million (or 63%) would be a reduction of General Fund property tax revenue, and approximately $800 thousand (or 37%) would be a reduction of Debt Service property tax revenue. The total recurring fiscal impact to the General Fund would a reduction of approximately $6.6 million in property tax revenue. The total recurring fiscal impact to the Debt Service Fund would be a reduction of approximately $3.8 million in property tax revenue. Although the property tax rate related to the General Fund (the Maintenance and Operations (M&O) rate would be reduced, the property tax rate related to the Debt Service Fund (I&S) would need to be increased to cover the City's current outstanding debt. FUNDING DETAIL: Fund: 1020— General Fund Organization/Activity: 11020 — General Governmental Revenue Department: 59 - Finance Account: 300010—Ad Valorem Taxes Fund: 2010— Debt Service Fund Organization/Activity: 11020 — General Governmental Revenue Department: 14 - Governance Account: 300010—Ad Valorem Taxes RECOMMENDATION: City recommends approval of the ordinance as presented. SUPPORTING DOCUMENTS: Ordinance Ordinance amending Ordinance 17150 by increasing the exemption for ad valorem taxes for all qualified residence homesteads from 10% to 15% of assessed value commencing Tax Year 2024 and from 15% to 20% of assessed value commencing Tax Year 2025; and increasing the exemption for ad valorem taxes for persons' residence who are disabled or 65 years of age or older from $50,000 as approved by the citizens of Corpus Christi on April 4, 1987, to$62,500 commencing Tax Year 2024; providing that this ordinance is cumulative and for an effective date, severance, publication, and codification. WHEREAS, on July 28, 1982, the City Council approved Ordinance 17150 adopting a qualified homestead exemption of 10% of assessed value or$5,000 minimum as per section 11.13(n) of the Property Tax Code; WHEREAS, On April 4, 1987, the citizens of Corpus Christi voted to approve an exemption of $50,000 for those who are disabled and those who are 65 or older (Ordinances 019692 and 026124); WHEREAS, Texas Property Tax Code Section 11.13(d) provides that an individual who is disabled or is 65 or older is entitled to an exemption from taxation by a taxing unit of a portion of the appraised value of the residence homestead if the exemption is adopted either by the governing body of the taxing unit or by a favorable vote a majority of the qualified voters of the taxing unit; WHEREAS, Texas Property Tax Code Section 11.13(f) provides that once authorized, an exemption adopted as provided by Subsection 11.13 (d) may be repealed or decreased, or increased in an amount by the governing body of the taxing unit; and WHEREAS, Texas Property Tax Code Section 11.13(n) provides that an individual is entitled to an exemption from taxation by a taxing unit of a percentage of the appraised value of his residence homestead if the exemption is adopted by the governing body of the taxing unit before July 1 in the manner provided by law for official action by the body and the percentage adopted by the taxing unit may not exceed 20 percent; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. From and after January 1, 2024, a family or single adult is entitled to an exemption from taxation by the City of Corpus Christi of 15 percent of the appraised value of their residence homestead, as defined in Texas Tax Code §11.13. If the percentage set by the taxing unit produces an exemption in a tax year of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value. SECTION 2. From and after January 1, 2025, a family or single adult is entitled to an exemption from taxation by the City of Corpus Christi of 20 percent of the appraised value of their residence homestead, as defined in Texas Tax Code §11.13. If the percentage set by the taxing unit produces an exemption in a tax year of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value. Ordinance Property Tax Exemption Increases 2024&2025 20230825 Page 1 of 3 SECTION 3. From and after January 1, 2024, a person 65 years of age or older is entitled to an exemption from taxation by the City of Corpus Christi of $62,500 of the appraised value of their residence homestead, as defined and limited in the Texas Tax Code. SECTION 4. From and after January 1, 2024, a person who is disabled, as defined in §11.13 of the Texas Tax Code, is entitled to an exemption from taxation by the City of Corpus Christi of$62,500 of the appraised value of their residence homestead, as defined and limited in the Texas Tax Code. An individual who is eligible both for the elderly exemption under Section 2 and the disability exemption under Section 3 may not receive both exemptions but may choose either. SECTION 5. This ordinance is and shall be construed to be cumulative of all other ordinances on the same subject and merely adds the aforesaid exemption's increase upon proper application or qualification, as so provided in State law. SECTION 6. This ordinance is effective upon passage. SECTION 7. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the declared intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 8. Publication shall be made once in the official publication of the City of Corpus Christi by publishing the caption of the ordinance stating, in substance, the purpose of the ordinance. SECTION 9. This ordinance is to be codified in Chapter 17 of the Corpus Christi Code of Ordinances, using the formerly reserved Sec. 17-23, and any provisions of this ordinance may be numbered, renumbered, or re-lettered in the codification process, to read as follows.. "Sec. 17-34. Property Tax Exemptions. "(a) From and after January 1, 2024, a family or single adult is entitled to an exemption from taxation by the City of Corpus Christi of 15 percent of the appraised value of their residence homestead, as defined in Texas Tax Code §11.13. If the percentage set by the taxing unit produces an exemption in a tax year of less than $5,000 when applied to a particular residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value. "(b) From and after January 1, 2025, a family or single adult is entitled to an exemption from taxation by the City of Corpus Christi of 20 percent of the appraised value of their residence homestead, as defined in Texas Tax Code §11.13. If the percentage set by the taxing unit produces an exemption in a tax year of less than $5,000 when applied to a particular Ordinance Property Tax Exemption Increases 2024&2025 20230825 Page 2 of 3 residence homestead, the individual is entitled to an exemption of $5,000 of the appraised value. "(c) From and after January 1, 2024, a person 65 years of age or older is entitled to an exemption from taxation by the City of Corpus Christi of $62,500 of the appraised value of their residence homestead, as defined and limited in the Texas Tax Code. "(d) From and after January 1, 2024, a person who is disabled, as defined in §11.13 of the Texas Tax Code, is entitled to an exemption from taxation by the City of Corpus Christi of $62,500 of the appraised value of their residence homestead, as defined and limited in the Texas Tax Code. An individual who is eligible both for the elderly exemption under subsection (c) and the disability exemption under this subsection (d) may not receive both exemptions but may choose either." SECTION 10. The City Secretary is hereby directed to notify the appraisal office of this action and of the terms of the exemptions within 30 days after the date of adoption per Texas Tax Code §6.08. 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 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Ordinance Property Tax Exemption Increases 2024&2025 20230825 Page 3 of 3 mus c� G� U AGENDA MEMORANDUM NGRPH FZ E 1852 Public Hearing/First Reading for the City Council Meeting of August 29, 2023 Second Reading Ordinance for the City Council Meeting of September 5, 2023 DATE: August 10, 2023 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and Ordinance of the Proposed FY 2023-24 Budget CAPTION: ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET FOR THE FISCAL YEAR 2023-2024 BEGINNING OCTOBER 1, 2023; AUTHORIZING PERSONNEL COMPLEMENTS; PROVIDING FOR COPY TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING FUNDS AS PROVIDED IN THE BUDGET; AND ADOPTING THE INFRASTRUCTURE MANAGEMENT PLAN. SUMMARY: This item is to adopt the budget as amended by the schedule of adjustments for the upcoming fiscal year with total proposed amended expenditures of$1,204,218,051 and total proposed amended revenues of$1,115,607,544 which includes an increase of$13,499,855 in property tax revenues over the prior year for operating. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing amended expenditures of$1,204,218,051 and total proposed amended revenues of$1,115,607,544 which includes an increase of$13,499,855 in property tax revenues over the prior year for operating. This budget will raise more total property taxes than last year's budget by $13,499,855 or 8.5% (General Fund $5,851,599, Debt Service Fund $3,529,811, Residential Street Reconstruction Fund $1,265,679, and Tax Increment Reinvestment Zones $2,852,766), and of that amount an estimated $3,526,259 is tax revenue to be raised from new property added to the tax roll this year. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed expenditures are $1,204,218,051 and total proposed amended revenues of $1,115,607,544 which includes an increase of$13,499,855 in property tax revenues over the prior year for operating. RECOMMENDATION: Staff recommends approval of the FY2023-2024 Proposed Budget as amended by the schedule of adjustments with expenditures of$1,204,218,051 and total proposed amended revenues of $1,115,607,544 which includes an increase of$13,499,855 in property tax revenues over the prior year for operating. LIST OF SUPPORTING DOCUMENTS: FY 2023-2024 Budget Ordinance Schedule of Adjustments Contract for Buccaneer Commission, Inc Contract for South Texas Botanical Gardens & Nature Center Contract for South Texas Institute for the Arts Contract for Texas State Aquarium Association IMP Schedule Ordinance adopting the Corpus Christi Operating Budget for Fiscal Year 2023-2024, beginning October 1, 2023; authorizing personnel complements; providing for a copy to be filed with the County Clerk; appropriating funds as provided in the budget; and adopting the Infrastructure Management Plan. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council an operating budget proposal (Budget Proposal) of the revenues of the City and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2023, and ending September 30, 2024, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, and offices of the City, in accordance with the City Charter provision referenced above; WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper public hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City, the City Council must appropriate such sums of money as provided in the budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Operating Budget, covering proposed expenditures of $1,204,218,051 and estimated revenues of$1,115,607,544 for the fiscal year(FY) beginning October 1, 2023, and ending September 30, 2024 (FY 2023-24), as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. Upon the passage of this ordinance, certain sums of money from all sources of City revenues, as described in the Operating Budget, shall be and are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Operating Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions: The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 435* Police Lieutenant - 40 Police Captain - 17 Deputy Chief- 5 Assistant Police Chief- 3 Police Chief- 1 FY 2023-24 TOTAL 501 *These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Police Defunding Bill HB 1900: The City Council established that the Police Department adopted budget was $77,383,274 for FY2020-21, $81,570,124 for FY2021-22, and $97,792,152 for FY2022-23. The Police Department budget for FY 2023-24 is hereby established to be $103,873,487. Therefore, the City Council finds and declares that the City of Corpus Christi is not a defunding municipality as provided in Chapter 109 of the Texas Local Government Code. Page 1 of 6 SECTION 5. Firefighter Positions: The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 115* Firefighter 11 — EMS - 169 Firefighter 11 — Engineer - 73 Fire Captain - 79 Battalion Chief- 13 Assistant Fire Chief- 4 Deputy Fire Chief- 1 Fire Chief- 1 FY 2023-24 TOTAL 455 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 6. Personnel: The number of City-funded personnel positions (excluding grant funded positions) in all City-funded departments shall not exceed the total number by indicated fund, as set forth in the FY 2023-24 Operating Budget. SECTION 7. Annual Contracts: The City Manager, or his designee, is authorized to execute the following contracts in substantially the same form and content as shown in the attached draft agreements and to make payments consistent with appropriations in accordance with the FY 2023-24 Operating Budget, as provided below: A. Buccaneer Commission, Inc. - $300,000.00 B. South Texas Botanical Gardens & Nature Center - $100,000.00 C. South Texas Institute for the Arts - $375,000.00 D. Texas State Aquarium Association - $310,000.00 SECTION 8. As authorized by Texas Government Code Section 1502.003, the City Council finds and determines that it is in the best interest of the City to create and maintain one or more combined systems. "Combined system" means any combination of one or more of the following: water system, sewer system, solid waste disposal system, drainage utility system, and a natural gas system. SECTION 9. Upon final passage of this budget ordinance, a true and certified copy of this Operating Budget shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The Operating Budget shall also be part of the archives of the City. SECTION. 10. The City Manager is authorized to approve and accept the grants set forth in the FY 2023-24 Operating Budget's Proposed Grant Appropriations Schedule,thereby, appropriating $3,988,153 and authorizing 40 positions in Health Department Grants; accepting and appropriating $2,208,561, with a cash match of$76,844 as appropriated in the FY 2023-24 Operating Budget, and authorizing 18 positions in Parks & Recreation Department Grants. SECTION 11. City Holidays: The official holidays for City employees eligible for benefits for FY 2023-24 are as follows: Thanksgiving Day November 23, 2023 Day After Thanksgiving Day November 24, 2023 Christmas Day December 25, 2023 New Year's Day January 1, 2024 Page 2 of 6 Martin Luther King, Jr. Civil Rights Day of Service January 15, 2024 Memorial Day May 27, 2024 Juneteenth June 19, 2024 Independence Day July 4, 2024 Labor Day September 2, 2024 Floating Holiday* May be used only for religious or cultural holidays or a City Closure Day. *All City employees eligible for benefits will receive one floating holiday for FY 2023-24 in addition to the City's regular paid holidays. This floating holiday may only be used for religious or cultural holidays or a City Closure Day. SECTION 12. Office Closures: In addition to holiday closures, City offices as designated by the City Manager, will be closed on December 26th, 27th, 28th, and 29th 2023 for Winter Break. Winter Break days are not paid holidays for closed offices, and employees of closed offices shall not be paid for Winter Break days, except for time worked. Employees of closed offices may use their personal leave, vacation accruals, or floating holiday to receive pay during Winter Break days. Corpus Christi Code Section 39-328(a) is waived to the extent necessary to allow new hires to use vacation leave during Winter Break days. SECTION 13. Pay Grades: The pay grades and ranges for positions in Pay Plan 100, Pay Plan 200, and Pay Plan 300 for FY 2023-24 are as follows: Pay Plan 100 FLSA Overtime Eligible Grade Minimum Midpoint Maximum 101 $ 27,622 $ 36,442 $ 45,261 102 $ 29,016 $ 38,272 $ 47,528 103 $ 30,451 $ 40,175 $ 49,900 104 $ 31,990 $ 42,193 $ 52,396 105 $ 33,571 $ 44,294 $ 55,016 106 $ 35,256 $ 46,519 $ 57,783 107 $ 37,024 $ 48,849 $ 60,674 108 $ 38,875 $ 51,282 $ 63,690 109 $ 40,809 $ 53,841 $ 66,872 110 $ 42,848 $ 56,534 $ 70,221 111 $ 44,990 $ 59,363 $ 73,736 112 $ 47,257 $ 62,338 $ 77,418 113 $ 49,608 $ 65,447 $ 81,287 114 $ 52,104 $ 68,734 $ 85,364 115 $ 54,704 $ 72,166 $ 89,628 116 $ 57,428 $ 75,774 $ 94,120 117 $ 60,299 $ 79,560 $ 98,821 118 $ 63,315 $ 83,533 $ 103,751 119 $ 66,476 $ 87,714 $ 108,951 120 $ 69,804 $ 92,102 $ 114,400 Page 3 of 6 Pay Plan 200 FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 201 $ 37,267 $ 49,167 $ 61,068 202 $ 39,130 $ 51,625 $ 64,121 203 $ 41,087 $ 54,207 $ 67,327 204 $ 43,141 $ 56,917 $ 70,694 205 $ 45,299 $ 59,763 $ 74,228 206 $ 47,563 $ 62,751 $ 77,939 207 $ 49,941 $ 65,888 $ 81,836 208 $ 52,438 $ 69,183 $ 85,927 209 $ 55,060 $ 72,642 $ 90,224 210 $ 57,813 $ 76,274 $ 94,735 211 $ 60,704 $ 80,089 $ 99,473 212 $ 63,740 $ 84,093 $ 104,446 213 $ 66,927 $ 88,297 $ 109,668 214 $ 70,273 $ 92,712 $ 115,151 215 $ 73,785 $ 97,347 $ 120,908 216 $ 77,475 $ 102,214 $ 126,953 217 $ 81,349 $ 107,325 $ 133,301 218 $ 85,416 $ 112,691 $ 139,966 219 $ 89,687 $ 118,326 $ 146,964 220 $ 94,172 $ 124,242 $ 154,312 221 $ 98,881 $ 130,454 $ 162,027 Pay Plan 300 FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 310 $ 105,691 $ 139,438 $ 173,186 311 $ 110,975 $ 146,410 $ 181,845 312 $ 116,524 $ 153,731 $ 190,938 313 $ 122,350 $ 161,417 $ 200,484 314 $ 128,466 $ 169,486 $ 210,507 315 $ 134,889 $ 177,961 $ 221,033 316 $ 141,634 $ 186,859 $ 232,084 317 $ 148,716 $ 196,202 $ 243,688 318 $ 156,152 $ 206,012 $ 255,874 319 $ 163,960 $ 216,314 $ 268,668 320 $ 172,157 $ 227,128 $ 282,100 321 $ 180,765 $ 238,484 $ 296,205 322 $ 189,803 $ 250,408 $ 311,015 323 $ 199,293 $ 262,928 $ 326,566 324 $ 209,258 $ 276,074 $ 342,894 Page 4 of 6 SECTION 14. The attached "Five-Year Infrastructure Management Plan for FY 2024 — FY 2028, with its base funding level included for Fiscal Year 2023-2024, is hereby approved. SECTION 15. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision in this ordinance be given full force and effect for its purpose. 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: Paulett Guajardo Roland Barrera Everett Roy Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Dan Suckley The foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulett Guajardo Roland Barrera Everett Roy Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Page 5 of 6 Mike Pusley Dan Suckley PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 6 of 6 Schedule of Adiustments City of Corpus Christi Amendments to the FY 2023-2024 Proposed Budget TOTAL PROPOSED REVENUES $ 1,128,182,827 TOTAL PROPOSED EXPENDITURES $ 1,193,128,986 GENERAL FUND General Fund - 1020 Proposed Revenues $ 325,025,886 Adiustments: Increase Property Tax Revenue (due to Certified tax roll) 691,205 Interest on Investments 98,262 Total Adjusted Revenues 325,815 353 Proposed Expenditures $ 343,002,324 Adiustments: Increase Transfer to Residential Streets 691,205 Increase Transfer to Street Maintenance Fund (From fund balance due to non-renewal of Street fee) 9,000,000 Increase in General Fund contribution to MetroCom 41,812 Increase in cost estimate for the Type A Election 50,000 Wranosky Park Improvements 111,000 Blucher Park amenities 17,250 Increased Operating Hours and staffing at 2 Senior Centers 103,200 Remove Expanded Heating &Cooling Services (150,000) Remove Tree Canopy Study (50,000) Remove Air Monitoring Equipment (25,000) Total Adjusted Expenditures 352,791,791 ENTERPRISE FUNDS Airport Fund -4610 Proposed Expenditures 15,571,996 Adiustments: Remove duplicate Concourse upgrades &EGA Hangar improvements $ (879,381) Eliminate 5 Vacant Positions (272,521) Total Adjusted Expenditures 14,420 094 Water Fund -4010 Proposed Revenues $ 162,369,422 Adiustments: Reduce revenue - decreased water rate adjustment $ (3,642,756) Total Adjusted Revenues $ 158,726,666 Wastewater Fund -4200 Proposed Revenues $ 95,655,209 Adiustments: Reduce revenue - decreased Wastewater rate adjustment $ (9,980,610) Total Adjusted Revenues $ 85,674,599 Proposed Expenditures 83,754,591 Adiustments: Increase Transfer to Wastewater CIP (To fund $2M of Wasterwater IDIQ Capital Program) $ 1,500,000 Total Adjusted Expenditures $ 85,254,591 SPECIAL REVENUE FUNDS Hotel Occupancy Tax Fund - 1030 Proposed Expenditures 24,487,410 Adiustments: Remove Tourism Sustainability Study (50,000) Total Adjusted Expenditures 24,437410 Street Maintenance Fund - 1041 Proposed Revenues 40,457,645 Adiustments: Non-Renewal of Street Maintenance fee as of 12-31-23 $ (9,000,000) Increase Transfer from General Fund 9,000,000 Total Adjusted Revenues 40,457 645 Proposed Expenditures $ 46,880,086 Adiustments: Emergency Mast Arm Replacements 1,000,000 Total Adjusted Expenditures 47 880 086 Residential Street Reconstruction - 1042 Proposed Revenues $ 21,611,757 Adiustments: Increased Transfer from General Fund - Due to increased certified values and change in tax rate 691,205 Total Adjusted Revenues 22 302 962 MetroCom Fund - 1048 Proposed Revenues $ 9,120,189 I Adiustments: Adjusted Nueces County Payment $ (180,784) Transfer from GF- Increased due to revised calculation 41,812 Total Adjusted Revenues 8,981 217 INTERNAL SERVICE FUND Employee Health Benefits Fund - Citicare - 5610 Proposed Revenues 24,633,584 Adiustments: Decrease Employee contribution (take from fund balance) (293,617) Total Adjusted Expenditures 24,339 967 DEBT SERVICE FUND General Obligation Bond Debt Service Fund - 2010 Proposed Revenues Adiustments: Proposed Expenditures Adiustments: Adjusted Lease Purchase Payments Total Adjusted Expenditures - Storm Water Debt Service Fund -4430 Proposed Expenditures $ 16,818,116 Adiustments: Adjusted for Escrow and Paying Agent Fees 1,500 Total Adjusted Expenditures 16,819,616 TOTAL PROPOSED AMENDED REVENUES $ 1,115,607,544 TOTAL PROPOSED AMENDED EXPENDITURES $ 1,204,218,051 AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 033103 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies; natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a fmaxRrrum of twenty- five percent (25%) of the annual Enterprise Fund appropriations, exclusive of 4et4 sp-Rice and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Storm wWater,Airport, and Marina fund balances_ Section 14. Water and Wastewater Rates. As part of the budget process. City Council shall annually review Water and Wastewater rates and adjust accordingly, with any rate changes going into effect January 1 of the following year. Section 19. Texas Ambulance Supplemental Payment Proaram fTASPPI. Annual payment shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in respective fiscal year. City of CorpusBudget Summary of Positions 2023 - 2024 ProposedAdi U' Original . . . uStaffing Fund/Department General Fund Mayor's Office 3.00 3.00 - City Council - - - City Secretary 12.00 12.00 - City Auditor 6.00 6.00 - City Manager and ACMs 12.00 12.00 - Communication: Intergovernmental Relations 2.00 2.00 - Public Information 13.00 13.00 - Call Center 28.00 28.00 - City Attorney 22.00 22.00 - Economic Development Office 19.00 19.00 - Finance 50.00 50.00 - Management and Budget 12.00 12.00 - Strategic Planning and Innovation 3.00 3.00 - Human Resources 22.00 22.00 - Municipal Court - Judicial 18.00 18.00 - Municipal Court 54.00 54.00 - Fire 472.00 472.00 - Civilian 17.00 17.00 - Sworn Firefighters 455.00 455.00 - Police 529.00 529.00 - Civilian 112.00 112.00 - Sworn Officers 417.00 417.00 - Health 48.00 48.00 - Library 66.00 66.00 - Parks and Recreation 431.00 431.00 - Solid Waste 192.00 192.00 - Animal Care 57.00 57.00 Code Enforcement 37.00 37.00 Planning &Community Development - Comprehensive Planning 7.00 7.00 - Neighborhood Services Administration - - - Homeless Services 3.00 3.00 - Housing Services 2.00 2.00 - General Fund Total 2,120.00 2,120.00 - Enterprise Funds Water Fund 4010 330.00 330.00 - Gas Fund 4130 167.00 167.00 - City of CorpusBudget Summary of Positions ProposedAdj U' Original . . . uStaffin Fund/Department Wastewater Fund 4200 260.00 260.00 - Storm Water Fund 4300 136.00 136.00 - Airport Fund 4610 86.00 81.00 (5.00) Marina Fund 4700 17.00 17.00 - Enterprise Funds Total 996.00 991.00 (5.00) Internal Service Funds Contracts and Procurement Fund 5010 31.00 31.00 - Asset Management - Fleet Fund 5110 69.00 69.00 - Asset Management - Facilities Fund 5115 66.00 66.00 - Information Technology Fund 5210 85.00 85.00 - Engineering Services Fund 5310 103.00 103.00 - Risk Management Administration Fund 5613 15.00 15.00 - Health Benefits Administration Fund 5618 6.00 6.00 - Internal Service Funds Total 375.00 375.00 - Special Revenue Funds Hotel Occupancy Tax Fund 1030 11.00 11.00 - State Hotel Occupancy Tax Fund 1032 55.00 55.00 - 3uvenile Case Manager Fund 1037 2.00 2.00 - Street Maintenance Fund 1041 159.00 159.00 - MetroCom Fund 1048 84.00 84.00 - Civilian 82.00 82.00 - Sworn Officers 2.00 2.00 - Public Health District 1115 Waiver Fund 1049 10.00 10.00 - Development Services Fund 4670 87.00 87.00 - Visitors Facilities Fund 4710 2.00 2.00 - Local Emergency Planning Fund 6060 1.00 1.00 - Crime Control Fund 9010 78.00 78.00 - Civilian - - - Sworn Officers 78.00 78.00 - Special Revenue Funds Total 489.00 489.00 - Operating Positions 3,980.00 3,975.00 (5.00) GRANT FUNDED EMPLOYEES SUMMARYOF ADOPTED1POSITIONS Proposed2023 - 2024 Adjusted . .. =Fund/Department Code Enforcement 6.00 6.00 - Fire - - - Health District 60.00 60.00 - Parks and Recreation 24.00 24.00 - Police 12.00 13.00 1.00 Planning and Community Development 12.00 13.00 1.00 Total Grant Positions 114.00 116.00 2.00 Operating Positions 3,980.00 3,975.00 (5.00) Grant Positions 114.00 116.00 2.00 Total City Positions 4,094.00 4,091.00 (3.00) Infrastructure Management Plan (IMP) List 2022 Remaining 2022 4 Aquarius Commodores Das Marinas Preservation Collector 2022 4 Aquarius Topsail Whitecap Rehabilitation Collector 2022 3 Bascule Golden Gate Riverton Reconstruction Local 2022 DT Broadway Middle Schatzell Lawrence Rehabilitation Collector 2022 1 Catfish Teague Dead End Resurface Local 2022 5 Cedar Springs Oso Pkwy Dead End Resurface Local 2022 2 Chenoweth Lawnview Santa Fe Resurface Local 2022 3 Crestmeadow Crestwood Crestforrest Resurface Local 2022 1 Elizabeth Ocean Dr Santa Fe Rehabilitation Collector 2022 3 Essex Killarmet Pebble Beach Resurface Local 2022 1 Fairfax Fairview Old Robstown Rehabilitation Local 2022 3 Gabriel Nemec Mc Ardle Rd Resurface Local 2022 4 Goldfinch Quetzal Dead End Resurface Local 2022 3 Green Park Green Point Green Gate Reconstruction Local 2022 3 Green Pass Green Park End Reconstruction Local 2022 3 Green Point Bear Lane End Reconstruction Local 2022 2 Hewit Dr S Hewit Hewit Resurface Local 2022 3 Iturbide Airport Guatemozin Rehabilitation Local 2022 2 Lavaca Mc Ardle Lamont Resurface Local 2022 4 Mermaid Ursa Milky Way Resurface Local 2022 1 Mestina Battlin Buc Palm Rehabilitation Local 2022 5 Northgate Crossvalley Timbergate Resurface Local 2022 1 Palm Dr Up River Rd Antelope Resurface Local 2022 DT Peoples St&T-Head Lower Broadway T-Head Loop Rehabilitation Collector 2022 2 Ponder Staples Harrison Reconstruction Local 2022 5 Sanders Dr Grand Junction Saratoga Rehabilitation Collector 2022 DT Schatzell Water Lower Broadway Rehabilitation Collector 2022 4 Sparkle Sea Roddfield Mermaid Resurface Local 2022 1 Steamboat Catfish Rolling Ridge Resurface Local 2022 1 Steamboat Cir Steamboat Dead End Resurface Local 2022 2 Texas Alameda S Staples Reconstruction Local 2022 1 Third St Elizabeth Morgan Rehabilitation Collector 2022 3 Trestle Golden Gate Dead End Reconstruction Local 2022 3 Vera Cruz Morgan Zaragosa Rehabilitation Local 6/30/2023 1 Infrastructure Management Plan (IMP) List 2023 Remaining 2023 1 Agnes Baldwin NPID Rehabilitation Arterial 2023 2 Airline Alameda Wilma Rehabilitation Arterial 2023 4 Airline Mc Ardle Alameda S Rehabilitation Arterial 2023 2 Angel Ave Alameda S Austin Resurface Local 2023 1 Apple Creek Dr Sandy Hollow Ck Dead End Resurface Local 2023 2 Breezeway Austin Santa Fe Resurface Local 2023 4 Captain Kidd Caravel Dead End Resurface Local 2023 3 Crestbend Crestwood Crestgrove Resurface Local 2023 3 Crestford Cresthill Crestmeadow Resurface Local 2023 3 Devonshire Weber Elmdale Resurface Local 2023 5 Everhart Silver Ridge Yorktown Blvd Rehabilitation Arterial 2023 5 Everhart Yorktown Blvd Oso Pkwy Rehabilitation Collector 2023 1 Fair Oaks I H 37 Dead End Resurface Local 2023 1 Flagstone Cir Pernitas Creek Dead End Resurface Local 2023 1 Flagstone Creek Sandy Hollow Ck Pernitas Creek Resurface Local 2023 2 Glazebrook Reid Santa Fe Resurface Local 2023 4 Goldcrest Quetzal Dead End Resurface Local 2023 3 Green Branch Green Park Dead End Reconstruction Local 2023 3 Green Gate Bear Lane Dead End Reconstruction Local 2023 3 Green Trail Green Park Dead End Reconstruction Local 2023 1 Indio Creek Dr Pernitas Creek Dead End Resurface Local 2023 5 Iroquois Tartan Dead End Reconstruction Local 2023 5 Lake George Grand Junction Dead End Resurface Local 2023 5 Lake Whitney Lake George Dead End Resurface Local 2023 4 Love Bird Waxwing Quetzal Resurface Local 2023 1 Main Dr Leopard Sedwick Resurface Local 2023 2 Mc Ardle Staples S Airline Rd Rehabilitation Arterial 2023 3 Mendenhall Carroll Liptonshire Resurface Local 2023 3 Oakhurst S Padre Island Pavement Change Preservation Local 2023 2 Ohio Alameda S Staples S Reconstruction Local 2023 4 Quetzal Sun Bird Dead End Resurface Local 2023 2 Rossiter San Antonio Alameda S Reconstruction Local 2023 1 Sandy Hollow Flagstone Willowood Creek Resurface Local 2023 DT Shoreline N Belden Turn Around Preservation Collector 2023 DT Shoreline S Turn Around Power Preservation Collector 2023 1 Southern Minerals Up River Rd I H 37 Preservation Arterial 2023 4 Sun Beam Dr Milky Way Ursa Resurface Local 2023 4 Sun Bird Quetzal Flour Bluff Resurface Local 2023 5 Tartan Iroquois Dr Dead End Reconstruction Local 2023 2 Topeka Sinclair Rossiter Reconstruction Local 2023 4 Ursa Mermaid Star Cove Resurface Local 2023 3 Waterloo Carroll Inglewood Resurface Local 2023 5 Willow Oak Wales Dead End Reconstruction Local 2023 2 Willowbrook Mt Vernon Janssen Resurface Local 2023 5 Willowick Everhart Willow Oak Reconstruction Local 2023 1 Willowood Creek Sandy Hollow Ck Dead End Resurface Local 6/30/2023 2 Infrastructure Management Plan (IMP) List 2024 Mj� �ISTRICT �JFIIIIIIIIIII17TREEWp •• 711 72, ORIK PLA IN CLASSIFICATION 2024 4 Access 3A St Bartholomew Beach Preservation Collector 2024 4 Alameda S Ennis Joslin Airline S Resurface Arterial 2024 4 Allamanda Coralvine Pionciana Resurface Local 2024 2 Amherst Gaines Robert Resurface Local 2024 2 Andrews Crosstown Expwy Port Ave Resurface Local 2024 3 Aquaduct Dr Triple Crown Dead End Resurface Local 2024 4 Argonne Wallace Paul Jones Resurface Local 2024 2 Ashland Harry Gollihar Resurface Local 2024 4 Barataria Das Marinas White Cap Resurface Local 2024 4 Barnhart Wallace Paul Jones Resurface Local 2024 4 Bay Bean Treebine Coralvine Resurface Local 2024 3 Bayou Fountain Shower Resurface Local 2024 3 Bentwood Carroll Ln Brushwood Resurface Local 2024 4 Berlet Yorktown Blvd Dead End Resurface Local 2024 1 Beth Creek Honey Creek Dead End Resurface Local 2024 4 Blackbeard Barataria White Cap Resurface Local 2024 5 Blankenberge Strasbourg Strasbourg Resurface Local 2024 1 Blucher Staples N Carrizo Resurface Local 2024 1 Blue Creek Cir Woodway Creek Dead End Resurface Local 2024 3 Blundell Nemec Mc Ardle Resurface Local 2024 5 Bourbonais Marseille Dead End Resurface Local 2024 2 Brawner N Kostoryz Ramsey Resurface Collector 2024 4 Brittany Wallace Paul Jones Resurface Local 2024 4 Broomsedge Bay Bean Tamarisk Resurface Local 2024 3 Brushwood Carroll Weber Resurface Local 2024 4 Buena Vista Shore Dead End Resurface Local 2024 4 Burgentine Newcastle Paradise Resurface Local 2024 2 Cambridge Horne Norton Resurface Local 2024 1 Carrizo Lipan Kinney Resurface Local 2024 2 Casa Bonita Casa Linda Casa Verde Resurface Local 2024 2 Casa De Amigos Casa Linda Casa Grande Resurface Local 2024 2 Casa De Oro Orlando Corta Resurface Local 2024 2 Casa Grande Cas Rosa Corta Resurface Local 2024 2 Casa Linda Staples S Casa Blanca Resurface Local 2024 2 Casa Verde Casa Bonita Casa Blanca Resurface Local 2024 1 Cathead Leopard Roughneck Preservation Local 2024 5 Chapel Creek Oso Parkway Shady Creek Resurface Local 2024 3 Cheryl Nemec Mc Ardle Resurface Local 2024 2 Churchill Trenton Tarlton Resurface Local 2024 5 Cimarron Blvd Airline Yorktown Resurface Arterial 2024 3 Citation Preakness Dead End Resurface Local 2024 4 Clearview Rick Ln Shore Resurface Local 2024 5 Coody Dr Snead Middlecoff Resurface Local 2024 4 Coralvine Sea Pines Allamanda Resurface Collector 2024 2 Cornwall Hawthorne Shely Resurface Local 2024 2 Corta Casa Grande Kostoryz Resurface Local 2024 4 Courtland Dead End Shore Dr Resurface Local 2024 1 Cynthia River Sharpsburg Resurface Local 2024 4 Decatur Wallace Paul Jones Resurface Local 2024 3 Deepwood Cir Padre Island Dr Tweet Alley Resurface Local 2024 1 5 IDenain Dr ISt Laurent joso Parkway I Resurface I Local 6/30/2023 3 Infrastructure Management Plan (IMP) List 2024 YEAR IDISTRIJ7�F11111111111111111TREET11111 F11ROM •• 2024 1 Dew Creek Cir Woodway Creek Dead End Resurface Local 2024 1 Doris Creek Cir San Roque Crk Dead End Resurface Local 2024 3 Dubose Fountain Misty Resurface Local 2024 3 Easter Dr Nemec Mc Ardle Resurface Local 2024 2 Elizabeth Timrod Tarlton Resurface Local 2024 4 Ennis Joslin Holly Rd Cedro Resurface Arterial 2024 2 Fig Tarlton Shely Resurface Local 2024 1 Figueroa Sharpsburg Ramos Resurface Local 2024 3 Flynn Pkwy W Dead End Dead End Resurface Local 2024 3 Fountain Bayou Moody Resurface Local 2024 3 Franklin Mc Ardle Nemec Resurface Local 2024 2 Ft Worth Moray Wilshire Resurface Local 2024 2 Gertie Robert Dr Wesley Resurface Local 2024 5 Grand Villiers Strasbourg Marseille Resurface Local 2024 3 Green Hamlett Dead End Resurface Local 2024 3 Hamlett Nemec Mc Ardle Rd Resurface Local 2024 3 Hartack Triple Crown Dead End Resurface Local 2024 2 Hawthorne Crosstown Shely Resurface Local 2024 5 Hogan Sanders Dead End Resurface Local 2024 4 Holly Rd Paul Jones Ennis Joslin Resurface Arterial 2024 1 Honey Creek Woodway Crk Dr Dead End Resurface Local 2024 1 Huisache Interstate 37 Nueces Bay Resurface Local 2024 4 Jessamine Bay Bean Tamarisk Resurface Local 2024 4 Juniper Tulane Oakridge Resurface Local 2024 3 Kentucky Derby Frio Dead End Resurface Local 2024 1 Kinney Carrizo Alameda S Resurface Local 2024 4 Las Palmas Dr Dead End Shore Dr Resurface Local 2024 3 Lauren Cir Lauren Dr Dead End Resurface Local 2024 3 Lauren Dr Trojan Dr Dead End Resurface Local 2024 1 Ligustrum Mimosa Buddy Lawrence Resurface Local 2024 2 Logan Florida Shely Resurface Local 2024 2 Loritte Crosstown Expwy Andrews Resurface Local 2024 1 Magnolia Nueces Bay Interstate 37 Resurface Local 2024 1 Mallard Violet Widgeon Resurface Local 2024 5 Marseille Oso Parkway Oso Parkway Resurface Collector 2024 4 Meadowood Glenoak Dead End Resurface Local 2024 4 Merriman Brittany Moffett Resurface Local 2024 1 Mimosa Azalea Nandina Resurface Local 2024 3 Misty Moody Dubose Resurface Local 2024 4 Moffett Merriman Paul Jones Resurface Local 2024 3 Moody Fountain Trojan Resurface Local 2024 1 Morgan Crosstown Port Resurface Arterial 2024 2 Mt Vernon Everhart Rd Prinston Resurface Local 2024 1 Nandina Mueller Buddy Lawrence Resurface Local 2024 4 Natal Plum Coralvine Treebine Resurface Local 2024 1 Nelon Violet Dead End Resurface Local 2024 3 Nemec Dead End Ayers Resurface Local 2024 4 Newcastle Whispering Oak Burgentine Resurface Local 2024 1 North Creek Cir Woodway Creek Dead End Resurface Local 2024 2 iNorton Kostoryz Casa Verde Resurface Local 2024 4 10akridge ITulane Juniper Resurface Local 6/30/2023 4 Infrastructure Management Plan (IMP) List 2024 2024 1 Olmos Creek Honey Creek Dead End Resurface Local 2024 4 Paradise Whispering Oak Burgentine Resurface Local 2024 3 Pels Shower Fountain Resurface Local 2024 5 Pepper Mill Dr Fruitwood Dr Glasgow Dr Resurface Local 2024 1 Piedra Creek Dr Woodway Creek Dead End Resurface Local 2024 4 Pionciana Bay Bean Allamanda Resurface Local 2024 3 Preakness Triple Crown Dead End Resurface Local 2024 3 Preakness Cir Preakness Dead End Resurface Local 2024 3 Prescott Trojan Padre Island Dr Resurface Local 2024 5 Quail Hollow Oso Pkwy Twin Creek Resurface Local 2024 5 Quail Spring Rd The Mansions Dr Dove Spring Resurface Local 2024 1 Ramos River Figueroa Resurface Local 2024 1 Red Creek Cir San Roque Creek Dead End Resurface Local 2024 5 Ridgestone Glasgow Dr Pepper Mill Resurface Local 2024 1 River Zamora Cynthia Resurface Local 2024 1 River Ridge Rolling Ridge River Vally Resurface Local 2024 1 River Ridge Cir River Ridge Dead End Resurface Local 2024 4 Riverdale Dead End Shore Dr Resurface Local 2024 4 Riviera Dead End Shore Dr Resurface Local 2024 2 Robert Jacquelyn Avalon Resurface Local 2024 1 Rolling Ridge River Canyon Dead End Resurface Local 2024 1 Roughneck Cathead Spindletop Preservation Local 2024 2 Sam Harry Avalon Resurface Local 2024 1 San Roque Crk Woodway Creek Willowood Crk Resurface Local 2024 3 Schanen Blvd Everhart Rd Weber Rd Resurface Collector 2024 4 Seagrape Bay Bean Tamarisk Resurface Local 2024 5 Sete Dr Marseille Ville Franche Resurface Local 2024 5 Shady Creek Oso Parkway Chapel Creek Resurface Local 2024 2 Sharon Gollihar Alameda S Resurface Local 2024 2 Shely Ayers Crosstown Resurface local 2024 2 Shely Devon Naples Resurface Local 2024 2 Sheridan Gollihar Alameda S Resurface Local 2024 1 Shoal Creek Woodway Creek Dead End Resurface Local 2024 3 Shower Waterfall Pels Resurface Local 2024 4 Sims Wallace Paul Jones Resurface Local 2024 5 Smokewood Glasgow Dr Pepper Mill Resurface Local 2024 5 Snead Dead End Acushnet Resurface Local 2024 2 South Shores Estates Di Alameda S Cape Romain Resurface Local 2024 1 Spindletop Roughneck Leopard Preservation Local 2024 5 St James Ct Lipes Dead End Resurface Local 2024 5 St Laurent Marseille Oso Parkway Resurface Local 2024 5 Sun wood Dr Lipes Pepper Mill Resurface Local 2024 4 Tamarisk Jessamine Broomsedge Resurface Local 2024 4 Tesoro White Cap Blvd Port Royal Ct Resurface Local 2024 5 The Mansions Roddfield Oso Pkwy Resurface Local 2024 3 Tide Moody Dubose Resurface Local 2024 2 Timrod Churchill Cornwall Resurface Local 2024 5 Toulon Marseille Marseille Resurface Local 2024 4 Treebine Sea Pines Dead End Resurface Local 2024 2 iTrenton lCornwall Churchill I Resurface I Local 2024 3 ITriple Crown lGreenwood Kentucky Derby I Resurface I Local 6/30/2023 5 Infrastructure Management Plan (IMP) List 2024 2024 4 Tulane Glenoak Oakridge Resurface Local 2024 5 Twin Creek Oso Pkwy Quail Hollow Resurface Local 2024 2 Tyler Florida Shely Resurface Local 2024 4 Vetters Wallace Paul Jones Resurface Local 2024 5 Ville Franche Marseille Sete Dr Resurface Local 2024 4 Wallace Padre Island Dr Sims Resurface Local 2024 2 Waltham Janssen Willowbrook Resurface Local 2024 3 Waterfall Trojan Dr Bayou Resurface Local 2024 2 Wesley Gertie Sharon Resurface Local 2024 2 Wexford Mc Ardle Janssen Resurface Local 2024 4 Whispering Oak Roscher Dead End Resurface Local 2024 1 Widgeon Mallard Dead End Resurface Local 2024 3 Wilkinson Padre Island Dr Tiger Ln Resurface Local 2024 3 Williams Staples Airline Rd Preservation Collector 2024 1 Willowood Crk Violet Rd Willow Heights Resurface Collector 2024 2 Wynona Janssen Mt Vernon Resurface Local 2024 2 York Kosar IShely Resurface Local 2024 1 Zamora ISharpsburg lRamos I Resurface I Local 6/30/2023 6 Infrastructure Management Plan (IMP) List 2025 M W. I i�W W 2025 3 Abby Dr Schanen Galway Resurface Local 2025 4 Adel Orms Shepard Resurface Local 2025 4 Amber Graham Don Patricio Resurface Local 2025 5 Arapahoe Sierra Blanca Dead End Resurface Local 2025 3 Bear Ln Padre Island Dr Joe Mireuir Resurface Arterial 2025 3 Beardmore Persimmons Dead End Resurface Local 2025 4 Belmeade Gollihar Airline S Resurface Local 2025 1 Benys Leopard Skyline Resurface Collector 2025 3 Bevecrest Ayers Beardmore Resurface Local 2025 2 Blevins Staples S Naples Resurface Local 2025 4 Blossom Amber Waldron Rd Resurface Local 2025 1 Bluebonnett Driscoll Dr Old Robstown Rd Resurface Local 2025 3 Brandesky Padre Island Dr Mc Ardle Resurface Local 2025 1 Buford Staples Shoreline Blvd Resurface Local 2025 5 Buttermilk Sierra Blanca Dead End Resurface Local 2025 1 Canyon Sierra Dead End Resurface Local 2025 2 Carmel Pkwy N Alameda S Staples S Resurface Collector 2025 2 Carmel Pkwy S Alameda S Staples Resurface Collector 2025 5 Charlero Grenoble Marans Resurface Local 2025 2 Chase Dr Gollihar Alameda S Resurface Local 2025 3 Cindia Bevecrest Dead End Resurface Local 2025 1 Clarkwood Rd Up River Rd Agnes Resurface Arterial 2025 5 Constance Thundersee Venice Resurface Local 2025 5 Copper Mountain Sierra Blanca Dead End Resurface Local 2025 3 Cosner Padre Island Dr Mc Ardle Resurface Local 2025 2 Cottonwood Dead End Carroll Ln Resurface Local 2025 1 Craig Ocean Dr Seventh Resurface Local 2025 4 Crescent Mc Ardle Belmeade Resurface Local 2025 4 Crescent Cir Crescent Dead End Resurface Local 2025 3 Crest Cliff Cresthaven Crestland Resurface Local 2025 3 Crest Elm Crestforest Cresthaven Resurface Local 2025 3 Crest Lake Crestland Cresthaven Resurface Local 2025 3 Crestforest Creatmeadow Crest Elm Resurface Local 2025 3 Crestgrove Cresthill Crestmeadow Resurface Local 2025 3 Cresthaven Crestmeadow Dead End Resurface Local 2025 3 Crestland Crest Cliff Crest Lake Resurface Local 2025 3 Crestoak Cresthaven Crestforest Resurface Local 2025 3 Crestpark Cresthill Dead End Resurface Local 2025 2 Cypress Hayward Carroll Ln Resurface Local 2025 4 Daly Padre Island Dr Mc Ardle Resurface Local 2025 3 Deer Creek Persimmons Dead End Resurface Local 2025 4 Don Patricio Dead End Waldron Road Resurface Collector 2025 4 Dove Graham Dead End Resurface Local 2025 5 Edinburg Cir Glasgow Dr Dead End Resurface Local 2025 5 Edinburg Dr Glasgow Dr Northgate Resurface Local 2025 1 Ethel Naylor S Naylor N Resurface Local 2025 5 Etienne Grenoble Oso Parkway Resurface Local 2025 1 Evening Star Morning Star Rain Mist Resurface Local 2025 3 Flynn Pkwy E Shea North Holly Rd Resurface Collector 2025 2 Foley Broughton Kostoryz Resurface Local 2025 1 5 IFumay jEtienne lCimarron I Resurface I Local 6/30/2023 7 Infrastructure Management Plan (IMP) List 2025 2025 3 Galway Flynn Pkwy S Limerick Resurface Local 2025 4 Granada Dr Leeward Dead End Resurface Local 2025 5 Grand Junction Cedar Pass Dr Wapentate Dr Resurface Collector 2025 3 Green Dead End Hakel Resurface Local 2025 3 Green Earth Green Tree Dead End Resurface Local 2025 3 Green Meadows Green Tree Dead End Resurface Local 2025 3 Green Oaks Green Tree Dead End Resurface Local 2025 3 Green Path Green Tree Dead End Resurface Local 2025 3 Green Tree Navigation Navigation Resurface Local 2025 3 Green Valley Green Tree Dead End Resurface Local 2025 3 Green View Green Tree Dead End Resurface Local 2025 3 Green Willow Green Tree Dead End Resurface Local 2025 5 Grenoble Strasbourg Cimarron Resurface Collector 2025 3 Hakel Padre Island Dr Mc Ardle Resurface Local 2025 1 Hall Benys Padre Island Dr Resurface Local 2025 2 Harrison Reid Dr Staples S Resurface Local 2025 2 Hayward Staples S Cypress Resurface Local 2025 3 Heinsohn Rd Agnes Bear Resurface Arterial 2025 2 Janssen Everhart Rd Holmes Resurface Local 2025 4 June Waldron Rd Amber Resurface Local 2025 3 Kaycrest Bevecrest Dead End Resurface Local 2025 2 Kent Cir Ray Dead End Resurface Local 2025 5 Keystone Dr Sierra Blanca Willowick Dr Resurface Local 2025 3 Killarmet Galway Shea Pkwy S Resurface Local 2025 2 Kosar St Staples S Naples Resurface Collector 2025 3 Kosarek Padre Island Dr Mc Ardle Resurface Local 2025 3 La Crosse Persimmons Dead End Resurface Local 2025 DT Lawrence T Head Shoreline N T-Head Loop Resurface Collector 2025 3 Limerick Galway Shea Pkwy N Resurface Local 2025 5 Loveland Pass Grand Junction Dead End Resurface Local 2025 1 Manning Rd Sedwick Agnes Resurface Arterial 2025 5 Marans Etienne Dead End Resurface Local 2025 1 Mars Venus Rain Tree Resurface Local 2025 1 Mercury Sunshine Mars Ave Resurface Local 2025 1 Mesa Dr Nolford Red Bluff Resurface Local 2025 2 Miller Cir Ray Dead End Resurface Local 2025 3 Mokry Padre Island Dr Mc Ardle Resurface Local 2025 5 Monarch St Wales Dr Sunlight Dr Resurface Local 2025 2 Monette Gollihar Alameda S Resurface Local 2025 1 Moon Light Rand Morgan IH 37 Resurface Local 2025 1 Moonbeam Venus Rain Mist Resurface Local 2025 1 Moonglow Rain Mist Dead End Resurface Local 2025 1 Morning Star Evening Star North Star Resurface Local 2025 1 Navigation Agnes Leopard Resurface arterial 2025 3 Navigation Old Brownville Agnes Resurface Arterial 2025 1 Naylor Cir N Driscoll Dr Old Robstown Rd Resurface Local 2025 1 Naylor Cir S Naylor N Naylor N Resurface Local 2025 1 North Star Morning Star Evening Star Resurface Local 2025 1 Orbit Ave Sunshine Mars Ave Resurface Local 2025 4 Orms Dr Hugo Belmeade Resurface Local 2025 1 Palisade Isierra Western I Resurface I Local 6/30/2023 8 Infrastructure Management Plan (IMP) List 2025 II 2025 2 Pecan St Carroll Ln Benton Resurface Local 2025 3 Pendleton Persimmons Dead End Resurface Local 2025 2 Pennington Alameda S Gollihar Resurface Local 2025 3 Persimmon Choctaw Bevecrest Resurface Local 2025 5 Powderhorn Sierra Blanca Dead End Resurface Local 2025 2 Prinston Dead End Mc Ardle Resurface Local 2025 1 Rain Mist Moonglow Sunshine Resurface Local 2025 1 Rain Tree Ln Moonglow Mars Ave Resurface Local 2025 2 Ray Hayward Dead End Resurface Local 2025 4 Retta Purdue Glenoak Resurface Collector 2025 4 Rhonda Spencer Sean Resurface Local 2025 5 Robina Acushnet Saloumeh Resurface Local 2025 5 Saloumeh Way Acushnet Robina Resurface Local 2025 3 Schanen Cir Schanen Blvd Dead End Resurface Local 2025 4 Sean Hardwick Holly Rd Resurface Local 2025 1 Sedwick Rd Clarkwood Southern Minerals Resurface Arterial 2025 1 Seventh Morgan Hancock Resurface Local 2025 3 Sharolyn Bevecrest Dead End Resurface Local 2025 3 Shea Pkwy N Everhart Rd Flynn Pkwy Resurface Collector 2025 4 Shephard Adel Crescent Resurface Local 2025 1 Sierra Chamizal Mesa Resurface Local 2025 5 Sierra Blanca Everhart Rd Taos Dr Resurface Local 2025 1 Sierra Cir Sierra Dead End Resurface Local 2025 2 Sorrell Reid Dr Staples S Resurface Local 2025 1 Southern Minerals Rd IH 37 Sedwick Resurface Arterial 2025 4 Spencer Thames Rhonda Resurface Local 2025 5 Squaw Pass Ct Grand Junction Dead End Resurface Local 2025 DT Staples N Comanche Antelope Preservation Arterial 2025 1 Sunray IH 37 Dead End Resurface Local 2025 1 Sunshine Rand Morgan Dead End Resurface Local 2025 5 Tamarron Ct Sunlight Dr Dead End Resurface Local 2025 5 Taos Dr Dead End Cedar Pass St Resurface Local 2025 4 Tara Dr Theda Holly Rd Resurface Local 2025 4 Theda Sean Toben Resurface Local 2025 4 Toben Holly Rd Theda Resurface Local 2025 5 Tree Top Sierra Blanca Dead End Resurface Local 2025 5 Vail Sierra Blanca Taos Dr Resurface Local 2025 5 Vanern Venice Lake Superior Resurface Local 2025 1 Venus Sunshine Mars Ave Resurface Local 2025 4 Vivian Spencer Sean Resurface Local 2025 4 Waldron Pavement Change Purdue Preservation Arterial 2025 5 Walnut Hills Aaron Dr Dead End E&W Resurface Local 2025 5 Wapentate Dr Aaron Dr Grand Junction Resurface Collector 2025 1 Western Cir Western Dr Dead End Resurface Local 2025 1 Western Dr Leopard Chamizal Resurface Local 2025 3 Wicklow Schanen Shea Pkwy N Resurface Local 2025 3 Williston Persimmons Dead End Resurface Local 2025 5 Winter Park Sierra Blanca Dead End Resurface Local 2025 5 Wood Iron Acushnet Crenshaw Resurface Local 6/30/2023 9 Infrastructure Management Plan (IMP) List 2026 I 1111111RE".1 I JEW I �19 2026 3 Alejandro Sacky Sokol Resurface Local 2026 5 Annemasse St Yorktown Blvd St Denis St Resurface Local 2026 DT Artesian Leopard Mestina Preservation Local 2026 5 Aspen Grove Cedar Pass Windy Ridge Resurface Local 2026 5 Avignon Montereau Dead End Resurface Local 2026 5 Beard Canyon Creek Acushnet Resurface Local 2026 5 Bellac Montereau Dead End Resurface Local 2026 3 Bexar Dr Milam Dr Seguin Dr Resurface Local 2026 3 Bonham St Johanna Sacky Resurface Local 2026 5 Boros Nicklaus Dead End Resurface Local 2026 2 Bradshaw Staples Gollihar Resurface Local 2026 5 Brine St Cimarron Montereau Resurface Local 2026 2 Caddo Harry Gertie Resurface Local 2026 5 Calais Montereau Dead End Resurface Local 2026 3 Calle Cuernavaca Saratoga Rd Dead End Resurface Local 2026 3 Calle Las Colonas Saratoga Rd Dead End Resurface Collector 2026 3 Calle San Carlos Calle Las Colonas Calle Cuernavaca Resurface Local 2026 3 Calle San Lucas Calle Las Colonas Calle Cuernavaca Resurface Local 2026 3 Calle San Marcos Calle Las Colonas Calle Cuernavaca Resurface Local 2026 3 Calle San Miguel Calle Las Colonas Calle Cuernavaca Resurface Local 2026 5 Canyon Creek Beard Dead End Resurface Local 2026 4 Caribbean Waldron Laguna Shore Resurface Collector 2026 2 Catalina Staples S Alameda S Resurface Local 2026 3 Choctaw Water Lily Persimmon Resurface Local 2026 4 Clare Williams Dr Mc Ardle Rd Resurface Local 2026 2 Clark Roosevelt Clark W Resurface Local 2026 2 Clark N Clark W Clark Resurface Local 2026 2 Collingswood Gollihar Wesley Resurface Local 2026 3 Crestdale Vancrest Carroll Ln Resurface Local 2026 3 Crestside Lynncrest Carroll Ln Resurface Local 2026 3 Crestvilla Lynncrest Carroll Ln Resurface Local 2026 4 Dasmarinas Aquarius Whitecap Resurface Local 2026 4 Deck Harbor Lights Harbor Village Resurface Local 2026 5 Deerwood Javelina Snowgoose Resurface Local 2026 2 Delaine Grant Alameda S Resurface Local 2026 4 Dune Tulia Rose Resurface Local 2026 1 Dunstain St Fontana Round Rock Resurface Local 2026 5 Edgebrook Shadowbend Cedar Pass Resurface Local 2026 1 Eighteenth Prescott Crosstown Resurface Local 2026 4 Ester Roseanne Sands Resurface Local 2026 1 Fifteenth Morgan Mc Kenzie Resurface Local 2026 2 Fifteenth Mc Kenzie Ayers Resurface Local 2026 1 Fourteenth Morgan Mc Kenzie Resurface Local 2026 2 Fourteenth Mc Kenzie Ayers Resurface Local 2026 1 Furman Staples Shoreline Resurface Local 2026 1 Granada Longview Dead End Resurface Local 2026 2 Grant Wilshire Alameda S Resurface Local 2026 5 Greensboro Acushnet Weiskopf Resurface Local 2026 1 Hancock Water Staples S Resurface Local 2026 4 Harbor Lights Baylark Deck Resurface Local 2026 4 Harbor Village jBaylark IDeck I Resurface I Local 6/30/2023 10 Infrastructure Management Plan (IMP) List 2026 2026 3 Hilldale Sweet Gum Choctaw Resurface Local 2026 5 Hulen Dr Dead End Hunt Dr Resurface Local 2026 5 Hunt Cir Hunt Dr Dead End Resurface Local 2026 5 Hunt Drive Saratoga Rd Timbergate Resurface Collector 2026 3 Inglewood Holly Rd Panama Resurface Local 2026 2 Isabel Bonita Dead End Resurface Local 2026 5 Javelina Hunt Dr Deerwood Resurface Local 2026 3 Johanna Ayers St Richter Resurface Local 2026 3 Johanna Kostoryz Bonham Resurface Local 2026 2 John Lee Harry Gertie Resurface Local 2026 DT John Sartain Shoreline S Mesquite Resurface Collector 2026 3 Kerry O Toole Del Starr Resurface Local 2026 3 Kostoryz Holly Rd Saratoga Resurface Arterial 2026 4 Laguna Shores Graham Hustlin Hornet Resurface Collector 2026 1 Leonard Leopard Starlite Resurface Local 2026 5 Lethaby Lipes Dead End W Resurface Local 2026 DT Lomax Shoreline S Lower Broadway Resurface Collector 2026 4 Lorine Truk Utica Resurface Local 2026 5 Lostgate Heavensgate Opengate Resurface Local 2026 5 Lourdes Annemasse Dead End Resurface Local 2026 DT Lower Broadway Lomax John Sartain Resurface Collector 2026 3 Lynncrest Crestvilla Crestside Resurface Local 2026 2 Mavis Rossiter Sea View Resurface Local 2026 2 Mc Ardle Weber Everhart Resurface Arterial 2026 3 Mc Ardle Carroll Ln Weber Resurface Collector 2026 2 Mc Kenzie Nineteenth Brownlee Resurface Local 2026 DT Mestina Staples S Artesian Preservation Local 2026 3 Milam Dr Sokol Dr Bexar Dr Resurface Local 2026 5 Mountain Wood Fox Run Opengate Resurface Local 2026 2 Naples Roosevelt Norton Resurface Local 2026 3 Navarro Sacky Sokol Resurface Local 2026 5 Nicklaus Boros Dead End Resurface Local 2026 5 Opengate Lostgate Timbergate Resurface Local 2026 3 O'Toole Del Starr Kerry Resurface Local 2026 3 Pangani Carroll Ln Lynncrest Resurface Local 2026 5 Patti Dunbarton Oak Dead End Resurface Collector 2026 3 Persimmon Sweet Gum Choctaw Resurface Local 2026 5 Pheasant Bent Trail Dr Dead End Resurface Local 2026 3 Phillips E&W Queen Queen Resurface Local 2026 4 Pier Harbor Lights Harbor Village Resurface Local 2026 5 Player Saratoga Rd Eider Resurface Collector 2026 2 Pope Doddridge Wilshire Resurface Local 2026 1 Port Mary IH 37 Resurface Arterial 2026 1 Port Morgan Buford Resurface Arterial 2026 1 Prescott Brownlee Eighteenth Resurface Local 2026 3 Queen E&W Phillips Philips Resurface Local 2026 2 Rainbow San Antonio Sea View Resurface Local 2026 2 Reid Dr Wilshire Doddridge Resurface Local 2026 4 Rex Laguna Shores Whiteley Resurface Local 2026 3 1 River Crest lHill Crest Choctaw Resurface Local 2026 3 lRiverbend ISolomon Choctaw Resurface Local 6/30/2023 11 Infrastructure Management Plan (IMP) List 2026 2026 4 Rose Lorine Stranton Resurface Local 2026 4 Roseanne Sands Ester Resurface Local 2026 1 Roundrock Rd Dunstain St Rustic Oak Resurface Local 2026 4 Rudder Ct Dasmarinas Dead End Resurface Local 2026 1 Rustic Oak Round Rock Nolford Resurface Local 2026 4 Sands Truk Utica Resurface Local 2026 2 Sea View San Antonio Ocean Resurface Local 2026 1 Second St Morgan Hancock Resurface Local 2026 3 Seguin Dr Sokol Dr Bexar Dr Resurface Local 2026 1 Sessions IH 37 Dead End Resurface Local 2026 1 Seventeenth Prescott Crosstown Resurface Local 2026 2 Seventeenth Mc Kenzie Ayers Resurface Local 2026 1 Sixteenth Prescott Mc Kenzie Resurface Local 2026 2 Sixteenth Mc Kenzie Ayers Resurface Local 2026 3 Solomon River Crest Water Lily Resurface Local 2026 5 St Tropez Annemasse Montereau Resurface Local 2026 2 Staples S Brawner Kostoryz Preservation Arterial 2026 5 Stonemill Cir Hunt Dr Dead End Resurface Local 2026 3 Sweet Gum River Crest Persimmon Resurface Local 2026 1 Third St Morgan Tancahua Resurface Collector 2026 4 Tulia Sands Dead End Resurface Local 2026 4 Utica Sands Dead End Resurface Local 2026 3 Valhalla Carroll Ln Van Crest Resurface Local 2026 3 Van Crest Valhalla Crestdale Resurface Local 2026 2 W Clark Clark Houston Resurface Local 2026 DT Waco Leopard Mestina Preservation Local 2026 3 Water Lily Solomon Choctaw Resurface Local 2026 5 Weiskopf Cir Weiskopf Ln Dead End Resurface Local 2026 5 Weiskopf Ln Acushnet Greenboro Resurface Local 2026 1 Westgate Up River Granada Resurface Local 2026 3 Wharton Sacky Sokol Resurface Local 2026 4 Whiteley Rex Thelma Resurface Local 2026 4 Williams Roddfield Airline Rd Preservation Collector 2026 2 Wilshire PI Delaine Catalina Resurface Local 2026 3 Wooldridge Killarmet Everhart Resurface Local 2026 3 Wooldridge Cascade Staples S Resurface Collector 2026 2 Zarsky Mc Ardle Gollihar Resurface Local 6/30/2023 12 Infrastructure Management Plan (IMP) List 2027 2027 4 Access 2 S H 361 Beach Preservation Collector 2027 4 Amos Ct Seth St Dead End Resurface Local 2027 2 Andrews Prescott Crosstown Resurface Local 2027 1 Attoyac Dr Spring Creek Dead End Resurface Local 2027 1 Baldwin Leopard Agnes Resurface Arterial 2027 3 Balsam Boisdarc Trojan Resurface Local 2027 4 Bayberry E Bayberry N Bayberry S Resurface Local 2027 4 Bayberry N Waldron Bayberry E Resurface Local 2027 4 Bayberry S Bayberry E Waldron Resurface Local 2027 3 Beacon Baldwin Dead End Resurface Local 2027 2 Betel Crosstown Burnet Resurface Local 2027 5 Bethlehem Mars Hill Dead End Resurface Local 2027 3 Birch Greenwood Blackjack Resurface Local 2027 1 Birdwood (Cir E) Birdwood Ln Dead End Resurface Local 2027 1 Birdwood (Cir W) Birdwood Ln Dead End Resurface Local 2027 1 Birdwood Ln Violet Rd White Oak Resurface Local 2027 3 Blackjack Boisdarc Dead End Resurface Local 2027 5 Briarhurst Roanoke Dunbarton Oak Resurface Local 2027 2 Brownlee Staples Louisiana Resurface Collector 2027 2 Buckaroo Ayers Staples Resurface Local 2027 2 Burnet Prescott Dead End Resurface Local 2027 1 Buttes Dr Spring Creek Dead End Resurface Local 2027 DT Cabra Lake Chipito Resurface Local 2027 1 Calamity Dr Spring Creek Dead End Resurface Local 2027 5 Canaan Bethlehem Dead End Resurface Local 2027 1 Carencia Deepwater Oglethorpe Resurface Local 2027 DT Chaparral Lomax Taylor Preservation Collector 2027 5 Cherry Hills Greenbriar Oakmont Resurface Local 2027 DT Chipito Staples Waco Resurface Local 2027 5 Clairfield Roanoke Charter Resurface Local 2027 4 Cleopatra Whitaker Dead End Resurface Local 2027 2 Clifford Santa Fe Staples Resurface Local 2027 5 Corinth Mars Hill Jericho Resurface Local 2027 1 Corn Products E&W Leopard IH 37 Resurface Arterial 2027 4 Cuttysark Encantada Eaglesnest Bay Resurface Local 2027 5 Dallas Yorktown Blvd Oso Pkwy Resurface Local 2027 5 Deer Park South Oso Pkwy South Oso Pkwy Resurface Local 2027 5 Deer Park Cir Deer Park Dead End Resurface Local 2027 5 Del Rio Odessa Oso Pkwy Resurface Local 2027 1 Dona I H 37 Up River Resurface Local 2027 5 Downing Dunbarton Oak Airline Rd Resurface Local 2027 1 Dwyer Shane Dead End Resurface Local 2027 1 Eighteenth Mary Laredo Resurface Local 2027 4 Ezekiel Ct Seth St Dead End Resurface Local 2027 2 Fifteenth Staples Louisiana Resurface Local 2027 1 Fleetwood Leopard Timbergrove Resurface Local 2027 1 Forest Hill Violet Birdwood Resurface Local 2027 4 Fortuna Bay Gypsy Dead End Resurface Local 2027 3 Forty Fifth Agnes Santa Elena Resurface Local 2027 3 Forty Fourth Agnes Santa Elena Resurface Local 2027 5 1 Ft Stockton jDallas Rocksprings Resurface Local 6/30/2023 13 Infrastructure Management Plan (IMP) List 2027 2027 5 Galilee Bethlehem Dead End Resurface Local 2027 3 Gaviota Scapular County Rd 36 Resurface Local 2027 5 Greenbriar St Andrew Cherry Hills Resurface Local 2027 1 Greenwood Port Baldwin Resurface Arterial 2027 2 Greenwood Baldwin Lawton Resurface Arterial 2027 3 Greenwood Lawton Horne Resurface Arterial 2027 3 Greenwood Gollihar West Point Resurface Arterial 2027 4 Grenadine Vincent Cuttysark Resurface Local 2027 1 Hancock Brownlee Crosstown Resurface Local 2027 3 Harwick Sanderson Lands Resurface Local 2027 3 Hemlock Greenwood Blackjack Resurface Local 2027 3 Hickory Greenwood Blackjack Resurface Local 2027 4 Hosea Ct Seth St Dead End Resurface Local 2027 4 Isaiah Ct Seth St Dead End Resurface Local 2027 4 Isla Colon Cuttysark Dead End Resurface Local 2027 4 Jeremiah Ct Seth St Dead End Resurface Local 2027 5 Jericho Corinth Dead End E&W Resurface Local 2027 4 Joel Ct Seth St Dead End Resurface Local 2027 1 Keegan Dr Spring Creek Dead End Resurface Local 2027 3 Kendall E&W Mansheim Larcade Resurface Local 2027 5 Kennsington Hampton Dunbarton Oak Resurface Local 2027 5 Kerrville Dallas Dead End Resurface Local 2027 3 Kingpin Flato Padre Island Dr Preservation Local 2027 2 Kostoryz Staples Brawner S Preservation Arterial 2027 DT Lake Staples Waco Resurface Local 2027 3 Lands Greenwood Dead End Resurface Local 2027 3 Larcade E&W Mansheim Kendall Resurface Local 2027 1 Lavaca River Ct Clear Fork Dead End Resurface Local 2027 1 Lavaca River Dr Clear Fork Keegan Resurface Local 2027 5 Lindenwood Sutherland Lipes Resurface Local 2027 3 Locke Ln Wickersham Wickersham Resurface Local 2027 3 Long Cir Montecita Dead End Resurface Local 2027 2 Loritte Sarita Crosstown Resurface Local 2027 2 Louisiana Access Staples Louisiana S Resurface Collector 2027 2 Louisiana N Staples Ocean Resurface Collector 2027 2 Louisiana S Staples Ocean Resurface Collector 2027 5 Lubbock Rocksprings Everhart Resurface Local 2027 1 Marguerite Crosstown Eighteenth Resurface Local 2027 3 Mariposa Simon Scapular Resurface Local 2027 5 Mars Hill South Oso Pkwy CR 41 Resurface Local 2027 1 Mary Crosstown Nineteenth Resurface Local 2027 1 Mc Cain Leopard Dead End Resurface Local 2027 3 Meadow Cir Montecita Dead End Resurface Local 2027 4 Mediterranean Otranto Maui Resurface Collector 2027 4 Mingo Cay Mont Pelee Dead End Resurface Local 2027 4 Mont Pelee Fortuna Bay Hawknest Bay Resurface Local 2027 3 Montecita Longmeadow Saratoga Resurface Local 2027 2 Montgomery Mac Arthur Eisenhower Resurface Local 2027 1 Morrow Up River Rand Morgan Resurface Local 2027 2 INaples Staples Ocean Resurface Local 2027 2 INiagara Burnet Burnet Resurface Local 6/30/2023 14 Infrastructure Management Plan (IMP) List 2027 • II 2027 2 Niagara Horne Roslyn Resurface Local 2027 2 Norton Kostoryz Brentwood Resurface Collector 2027 5 Oakmont St Andrew Greenbriar Resurface Local 2027 5 Odessa Oso Pkwy Dallas Resurface Local 2027 1 Oglethorpe Brookhill Dead End Resurface Local 2027 2 Palmero Alameda S Santa Fe Resurface Local 2027 1 Peach Tree Stonewall Leopard Resurface Local 2027 4 Pharaoh Delta Nile Resurface Local 2027 4 Portillo Vincent Cuttysark Resurface Local 2027 2 Presa Niagara Sarita Resurface Local 2027 2 Prescott Crosstown Horne Resurface Local 2027 2 Purl Santa Fe Dead End Resurface Local 2027 2 Rambler Roslyn Horne Resurface Local 2027 4 Ramfield Roscher Flour Bluff Resurface Local 2027 3 Revolution Senators Congressional Resurface Local 2027 2 Reynosa Andrews Burnet Resurface Local 2027 5 River Oaks St Andrew Greenbriar Resurface Local 2027 5 Roanoke Dunbarton Oak Clairfield Resurface Local 2027 4 Robert Alameda S Ocean Resurface Collector 2027 5 Rocksprings Ft Stockton Dead End Resurface Local 2027 2 Roslyn Rambler Prescott Resurface Local 2027 5 Royal Ct Downing Dead End Resurface Local 2027 5 San Angelo Dallas Kerrville Resurface Local 2027 4 Sand Piper Cir Sand Piper N Dead End Resurface Local 2027 4 Sand Piper E Ennis Joslin Dead End Resurface Local 2027 4 Sand Piper N Sand Piper E Sand Piper Cir Resurface Local 2027 3 Sanderson Greenwood Harwick Resurface Local 2027 4 Santa Fe Robert Doddridge Resurface Collector 2027 2 Sarita Horne Burnet Resurface Local 2027 3 Scapular Clarkwood Gaviota Resurface Local 2027 4 Seth St Amos Ct Isaiah Ct Resurface Local 2027 1 Seven Trees Stonewall Dead End Resurface Local 2027 1 Seventeenth Marguerite Dead End Resurface Local 2027 1 Shane Mc Cain Dwyer Resurface Local 2027 3 Simon Clarkwood Stock Resurface Local 2027 2 Sixteenth Staples Louisiana Resurface Local 2027 1 Spring Creek Dr Red River Dr Dead End Resurface Local 2027 3 Stock Clarkwood Simon Resurface Local 2027 1 Stonewall Mc Kinzie Dead End Resurface Local 2027 4 Sunglo St Don Patricio Rd Seth St Resurface Local 2027 1 Sunnyville Oglethorpe Dead End Resurface Local 2027 1 Sunnyville Cir Sunnyville Dead End Resurface Local 2027 5 Sutherland Citrus Valley Dead End Resurface Local 2027 3 Sycamore Greenwood Blackjack Resurface Local 2027 2 Talisman Sarita Rambler Resurface Local 2027 2 Third St Purl Aberdeen Resurface Local 2027 1 Timbergrove Peachtree Violet Rd Resurface Local 2027 1 Vicksburg Stonewall Stonewall Resurface Local 2027 4 Vincent Cuttysark Cuttysark Resurface Local 2027 3 lWest Point 1padre Island Dr Greenwood Resurface Collector 2027 4 lWhitaker jCleopatra Hazel Resurface Local 6/30/2023 15 Infrastructure Management Plan (IMP) List 2027 •• RK PLAN CLASSIFICATIO 2027 1 White Oak Timbergrove Dead End Resurface Local 2027 DT Winnebago Staples N Crosstown Resurface Local 2027 1 Wolf Creek Clear Fork Dr Dead End Resurface Local 2027 3 Woodstone Locke Wickersham Resurface Local Total 157 6/30/2023 16 Infrastructure Management Plan (IMP) List 2028 7ML •• V7'' • • • • ,,6 IF ............ ff" 2028 4 A La Entrada Calle Primavera Dead End Resurface Local 2028 2 Ada Washington Elgin Resurface Local 2028 1 Agnes King Crosstown Resurface Arterial 2028 4 Airline Padre Island Dr Mc Ardle Preservation Arterial 2028 4 Ambrosia Aquarius Jackfish Resurface Local 2028 5 Ammer Lake Bistineau Dead End Resurface Local 2028 5 Anastasia Bratton Cool Breeze Resurface Local 2028 4 Aquarius Cabana N Bello Resurface Collector 2028 3 Barrera Horne Bloomington Resurface Local 2028 3 Beckford Fulton Dead End Resurface Local 2028 2 Beechcraft Post Fleet Resurface Local 2028 4 Bello Aquarius Dragonet Resurface Local 2028 5 Benchfield Boston Dead End Resurface Local 2028 3 Betty Jean Holly Rd Williams Resurface Collector 2028 3 Betty Jean Cir Betty Jean Dead End Resurface Collector 2028 5 Bistineau Ammer Lake Vanern Resurface Local 2028 2 Blevins Ayers Naples Resurface Collector 2028 4 Blue Jay Quetzal Oriole Resurface Local 2028 1 Bluff Trl River Forest Dead End Resurface Local 2028 3 Bonner Staples Everhart Resurface Local 2028 1 Booty Brownlee Dead End Resurface Collector 2028 5 Boston Staples Yorktown Resurface Collector 2028 3 Bradley Fulton Cimarron Resurface Local 2028 4 Bramling Cir Quetzal Dead End Resurface Local 2028 1 Braniff Virginia Post Resurface Local 2028 5 Bratton Weber Aaron Resurface Local 2028 1 Breckenridge Petty Quaile Resurface Local 2028 2 Brentwood Horne Norton Resurface Local 2028 4 Brigantine Main Royal Caraval Resurface Local 2028 1 Cactus Cir River Forest Dead End Resurface Local 2028 2 Cambridge Alexander Horne Resurface Local 2028 1 Cantwell IH 37 Leopard Resurface Local 2028 5 Canyon Lake Venice Dead End Resurface Local 2028 4 Capstan White Cap Blvd Brigantine Resurface Local 2028 2 Carroll Staples Houston Resurface Collector 2028 2 Carver Lawton Soledad Resurface Local 2028 2 Casa Blanca Hayward Casa De Oro Resurface Local 2028 2 Casa De Palmas Casa Linda Orlando Resurface Local 2028 5 Cedar Brook Spring Brook Stony Brook Resurface Local 2028 5 Cedar Pass Sun Valley Everhart Resurface Collector 2028 1 Cenizo IH 37 Live Oak Resurface Local 2028 3 Chula Vista Horne Greenwood Resurface Local 2028 2 Churchill Tarlton Robin Resurface Local 2028 5 Clear Brook Boston Spring Brook Resurface Local 2028 5 Cold Springs Boston Spring Brook Resurface Local 2028 4 Compton Waldron First National Resurface Collector 2028 2 Condee Vanderbilt W Naples Resurface Local 2028 5 Cool Breeze South Wind Dead End Resurface Local 2028 3 Coppedge Fulton Cimarron Resurface Local 2028 5 Creekmont Boston Dead End Resurface Local 2028 4 Cruiser Park Road 22 lWhite Cap Resurface Local 6/30/2023 17 Infrastructure Management Plan (IMP) List 2028 • ' ......�... . �. 2028 1 Cub Virginia Post Resurface Local 2028 1 Curtiss Virginia Post Resurface Local 2028 3 Dewberry Durant Wooldridge Resurface Local 2028 2 Dixie Washington Elgin Resurface Local 2028 2 Dody Linden Gollihar Resurface Local 2028 2 Dolphin Adkins Staples S Resurface Local 2028 4 Doubloon Aquarius Dead End Resurface Local 2028 4 Dragonet Cabana N Bello Resurface Local 2028 2 Driftwood Staples S Adkins Resurface Local 2028 3 Durant Cir Fulton Dead End Resurface Local 2028 5 East Wind Aaron Windchime Resurface Local 2028 1 Eastern Virginia Post Resurface Local 2028 2 Ebonwood Canturbury Ennis Joslin Resurface Local 2028 2 Edward Ayers Naples Resurface Local 2028 2 Elgin Soledad Lawton Resurface Local 2028 3 Esplanade E Staples S Spohn Resurface Collector 2028 3 Esplanade W Staples S Spohn Resurface Collector 2028 3 Everhart Padre Island Holly Preservation Arterial 2028 1 Fairchild Virginia Post Resurface Local 2028 2 Fannin Ayers Dead End Resurface Local 2028 1 Forest Cir River Forest Dead End Resurface Local 2028 3 Fulton Wooldridge Bradly Resurface Local 2028 4 Goldfish Ambrosia Jackfish Resurface Local 2028 1 Goodnight-Loving Rand Morgan Rhumba Trail Rehabilitation Local 2028 3 Greenwood Trojan Padre Island Dr Resurface Arterial 2028 3 Greenwood Padre Island Dr Holly Rd Resurface Arterial 2028 4 Gunwale Aquarius Dead End Resurface Local 2028 4 Halyard Aquarius Dead End Resurface Local 2028 2 Hamlin Staples S Adkins Resurface Local 2028 2 Haroldson Alameda Dead End Resurface Local 2028 1 Hillwood Trl Smith Dead End Resurface Local 2028 1 Hillwood Trl N Hillwood Trl Dead End Resurface Local 2028 DT Hirsch Mesquite Chaparral Preservation Arterial 2028 2 Horne Kostoryz Devon Resurface Collector 2028 5 Impala Kodiak Dead End Resurface Local 2028 4 Indigo Ambrosia Jackfish Resurface Local 2028 4 Jolly Rogers Aquarius Dead End Resurface Local 2028 2 Kitchens Washington Elgin Resurface Local 2028 5 Kodiak Cimarron Wolverine Resurface Local 2028 5 Lake Charles Bistineau Dead End Resurface Local 2028 5 Lake Huron Venice Thundersee Resurface Local 2028 2 Lawton Greenwood Dead End Resurface Local 2028 1 Leigh Leopard Villa Resurface Local 2028 2 Lewis Edward Fannin Resurface Local 2028 1 Live Oak Oak Park IH 37 Resurface Local 2028 1 Lockheed Virginia Post Resurface Local 2028 4 Main Royal White Cap Blvd Brigantine Resurface Local 2028 4 Marina Padre Island Dr Ambrosia Resurface Local 2028 4 Mc Ardle Airline Rd Whitaker Resurface Collector 2028 4 iMizzen lAquarius Dead End I Resurface I Local 2028 1 IMoon River I River Forest Dead End I Resurface Local 6/30/2023 18 Infrastructure Management Plan (IMP) List 2028 .uwwwwuwa. ..wwwwwwa. 2028 1 Mueller IH 37 Leopard Resurface Local 2028 4 Newport Pass Hwy 361 Beach Preservation Collector 2028 2 Nogales Carver Elgin Resurface Local 2028 5 Northfield Boston Spring Brook Resurface Local 2028 2 Norton Ayers Naples Resurface Local 2028 4 Nube Primavera Dead End Resurface Local 2028 1 Oregon Trail Rand Morgan Dead End Rehabilitation Local 2028 2 Orlando Kostoryz Casa Linda Resurface Local 2028 5 Oso Pkwy Yorktown Blvd Staples Resurface Collector 2028 4 Oso Pkwy Holly Canadian Resurface Collector 2028 3 Parkway Wooldridge Esplanade Resurface Collector 2028 1 Petty Van Cleve Breckenridge Resurface Local 2028 1 Post Eastern Beechcraft Resurface Local 2028 4 Primavera Dragonet Dead End Resurface Local 2028 1 Quaile Van Cleve Breckenridge Resurface Local 2028 4 Quetzal Sunbird Blue Jay Resurface Local 2028 1 Retama Up River IH 37 Resurface Local 2028 4 Ribbon Tail Crossbill Quetzal Resurface Local 2028 1 River Forest Moon River Smith Resurface Local 2028 1 River View Smith River Forest Resurface Local 2028 2 Rogers Washington Elgin Resurface Local 2028 3 Rogerson Mc Ardle Sunnybrook Preservation Local 2028 1 Rolling Acres Wagon Wheel Leopard Resurface Local 2028 1 Rolling Ridge Hillwood Trl Dead End Resurface Local 2028 3 Rosalie Prescott Dead End Resurface Local 2028 2 Ryan Post Virgina Resurface Local 2028 4 Scallop Ambrosia Jackfish Resurface Local 2028 5 Schwerin Lake Venice Dead End E&W Resurface Local 2028 1 Scott Leigh Quaile Resurface Local 2028 3 Shaw Horne Hudson Resurface Local 2028 1 Smith Calallen River Forest Resurface Local 2028 5 Snowgoose Everhart Timbergate Resurface Collector 2028 5 South Wind Bratton Cool Breeze Resurface Local 2028 5 Spring Brook Boston Clear Brook Resurface Local 2028 5 Spring Wind Bratton Cool Breeze Resurface Local 2028 1 Stinson Virginia Post Resurface Local 2028 5 Summer Wind Wind Chime Bratton Resurface Local 2028 5 Summertime Bratton Cool Breeze Resurface Local 2028 4 Tajamar A La Entrada Dead End Resurface Local 2028 2 Tarlton Ayers Naples Resurface Local 2028 2 Texan Trl Staples Casa Bonita Resurface Local 2028 2 Texan Trl Staples Santa Fe Resurface Collector 2028 5 Timber Crest Boston Spring Brook Resurface Local 2028 4 Topsail Aquarius Dead End Resurface Local 2028 1 Up River St Palm Fairview Resurface Collector 2028 1 Van Cleve Leopard Quaile Resurface Local 2028 2 Vanderbilt W Roosevelt Condee Resurface Local 2028 1 Villa Leopard Baldwin Resurface Local 2028 1 Vista Cir Vista Ridge Dead End Resurface Local 2028 1 IVista Ridge IRiverview Smith I Resurface I Local 2028 3 IVitemb lRosalie Horne I Resurface Local 6/30/2023 19 Infrastructure Management Plan (IMP) List 2028 2028 1 Wagonwheel Wildwood Wildwood Resurface Local 2028 2 Washington Soledad Lawton Resurface Local 2028 2 Watson Ayers Naples Resurface Local 2028 5 West Wind Bratton Cool Breeze Resurface Local 2028 1 Westland Villa Mac Leod Resurface Local 2028 1 Wildwood E Wagon Wheel Up River Resurface Local 2028 1 Wildwood W Wagon Wheel Rolling Acres Resurface Local 2028 5 Wind Chime East Wind Summer Wind Resurface Local 2028 5 Windy Way Bratton Cool Breeze Resurface Local 2028 1 Wright Virginia Post Resurface Local 2028 3 Yale Chula Vista Shaw Resurface Local 2028 4 Zahn Pavement Change Beach Preservation Collector 6/30/2023 20 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: 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, 2023, and terminates on September 30,2024. III. Funding. City agrees to reimburse Recipient up to$100,000.00 out of FY 2023-2024 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 2of7 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 3of7 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 madeto: 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 78469-9277 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 : 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 THE BOTANICAL AND NATURE INSTITUTE OF SOUTH TEXAS, INC. Signature Name: Title: Date: Page 5of7 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 orother 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 7of7 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, 2023, and terminates on September 30, 2024. III. Funding. City agrees to reimburse Recipient up to $375,000.00 out of FY 2023-2024 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 2of7 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 3of7 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 madeto: 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: Title: Date: Page 5of7 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 orother 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 7of7 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: 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, 2023, and terminates on September 30, 2024. III. Funding. City agrees to reimburse Recipient up to $310,000.00 out of FY 2023-2024 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 2of7 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 3of7 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 madeto: 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://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 TEXAS STATE AQUARIUM ASSOCIATION Signature Name: Title: Date: Page 5of7 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 orother 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 7of7 HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT BUCCANEER COMMISSION, INC. 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 Buccaneer Commission, Inc. ("Recipient"), a Texas nonprofit corporation, whose business address is 1823 N Chaparral St., Corpus Christi, TX 78401. Whereas, City desires to encourage and fund sporting events 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; and Whereas, Recipient desires to produce a sporting event, 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 tourism and the convention and hotel industry within the City of Corpus Christi. II. Term. This Agreement commences on October 1, 2023, and terminates on September 30, 2024. III. City's Duties. City agrees to pay Recipient $300,000.00, on a reimbursement basis, out of FY 2023-2024 revenue from the City's Hotel Occupancy Tax fund for use in accordance with Section IV below (the "Grant Funds"). In no event will the City be liable for an amount in excess of this Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, herein referred to as the "activities": (A) the activities are described in the attached and incorporated Exhibit "A"; (B) the activities are eligible for funding as described in Sections 351.101(a)(6) and Section 351.101(b) of the Texas Tax Code, copy attached as Exhibit "B"; and (C) the activities promote both tourism and the convention and hotel industry within 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 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. VI. Completion Report. Recipient must submit to the City's Director of Management and Budget ("Director') a completion report ("Report"), no later than thirty (30) days following the termination of this Agreement. The Director, or his designee, shall review this Report to verify whether the Grant Funds provided to Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: Page 1 of 8 (A) Written assurance to City that all Activities funded by the City were eligible under Section 351.101(a)(6) of the Texas Tax Code. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy. (B) For all Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's 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 attendance. (D) A statement of Recipient's revenues and expenditures. (E) 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 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 disbursed by City on reimbursement basis. Recipient is responsible to send written request for reimbursement including supporting documentation to City Budget Director. Recipient understands and agrees that payment by the City of Grant Funds under this Agreement is contingent upon Recipient's full compliance with the requirements of this Agreement. Should Director determine within five years from effective date of this Agreement that Recipient has failed to comply with the requirements contained in this Agreement, the Agreement is subject to termination in accordance with Section listed below, and all Grant Funds must be repaid to the City. IX. Unexpended funds. Upon termination of this Agreement, Recipient must submit all requests for reimbursement within 30 days from termination. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's event. Recipient must provide Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its 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. XIII. Compliance with Laws. Recipient shall observe and obey all applicable laws, ordinances, regulations and rules of the Federal, State, Country and City governments, in particle Chapter 351 of the Texas Tax Code. This Agreement is 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. Page 2 of 8 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. Director retains the right to take action deemed necessary by Director to enforce this non-discrimination covenant. Violation of this 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 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. Further, 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 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon 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 award. (3) The City may terminate this Agreement due to Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. Director has the sole discretion to make the determination that Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advancewritten notice and require Recipient to reimburse the City all Grant Funds awarded. (B) Recipient may terminate this Agreement without cause upon thirty(30) days written notice Page 3 of 8 to 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: Buccaneer Commission, Inc. Attn: Parks & Recreation Director Attn: Johnny Philipello P.O. Box 9277 1823 N Chaparral 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 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. XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without 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. Page 4 of 8 This Agreement takes effect upon the date of the last signature. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Date: Approved as to legal form: Assistant City Attorney for the City Attorney Buccaneer Commission, Inc. Signature Name: Title: Date: Page 5 of 8 EXHIBIT A Description of Recipient's Activities To be provided by Recipient. Page 6 of 8 EXHIBIT B 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 would be 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 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 Page 7 of 8 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 maybe 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. Page 8 of 8 se G0 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 29, 2023 Second Reading item for the City Council Meeting of September 05, 2023 DATE: August 16, 2023 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and First Reading Ordinance of the Proposed FY2023- 2024 Capital Budget CAPTION: Public Hearing and First Reading Ordinance adopting the Corpus Christi Fiscal Year 2023 - 2024 Capital Budget in the amount of$703,026,801 as amended by the schedule of adjustments, beginning October 1, 2023. SUMMARY: This item is to adopt the capital budget for the upcoming fiscal year with total proposed capital budget of $703,026,801 for the Capital Improvement Program as amended by the schedule of adjustments. BACKGROUND AND FINDINGS: As part of City Municipal Code Article V. Planning, Section 3. Power and Duties of Planning Commission, Paragraph A, Number 6: The Planning Commission shall review and make recommendations to the City Council on the City's annual Capital Budget. On Wednesday, July 26, 2023, a summary presentation of the FY 2023-2024 Capital Budget was held before the Planning Commission describing program highlights and funding sources. Planning Commission recommended approval of the FY 2023-2024 Capital Budget during the August 9, 2023, meeting. City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing capital budget of$703,026,801 as amended by the schedule of adjustments. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. FISCAL IMPACT: Total proposed expenditures of$703,026,801 for the Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the FY2023-2024 Capital Budget of $703,026,801 as amended by the schedule of adjustments. LIST OF SUPPORTING DOCUMENTS: FY 2023-2024 Capital Budget Ordinance Schedule of Adjustments CIP Ordinance Adopting the corpus Christi Fiscal Year 2023 — 2024 Capital Budget in the amount of $703,026,801 as amended by the schedule of adjustments, beginning October 1, 2023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2023 — 2024 Capital Budget in the amount of$703,026,801 is hereby adopted, subject to the attached Schedule of Adjustments. A copy of the Fiscal Year 2023— 2024 Capital Budget will be filed in the Office of the City Secretary. 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 Schedule of Adiustments CIP City of Corpus Christi Amendments to the FY 2023-2024 Proposed Capital Budget TOTAL PROPOSED REVENUES $ 702,915,801 TOTAL PROPOSED EXPENDITURES $ 702,915,801 Parks&Recreation CIP Proposed Revenues $ 70,981,335 Adiustments: Increase-General Fund 111,000 Total Adjusted Revenues $ 71,092,335 Proposed Expenditures $ 70,981,335 Adiustments: Add -Wranosky Park 111,000 Total Adjusted Expenditures $ 71,092,335 TOTAL PROPOSED AMENDED REVENUES $ 703,026,801 TOTAL PROPOSED AMENDED EXPENDITURES $ 703,026,801 so GO O� U NCOHP00.Pt' 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of August 29,2023 Second Reading Ordinance for the City Council Meeting of September 5, 2023 DATE: August 17, 2023 TO: Peter Zanoni, City Manager FROM: Alma I. Casas, Interim Director of Finance and Procurement almac@cctexas.com (361) 826-3610 Public Hearing and First Reading to Set the Fiscal Year 2023-2024 Ad Valorem Tax Rate CAPTION: Public Hearing and First Reading Ordinance to set the Fiscal Year 2023-2024 Ad Valorem Tax Rate of $0.599774 per $100 valuation which is effectively an 8.3% increase over the no-new-revenue tax rate. SUMMARY: The State Property Tax Code requires that one public hearing be held when a taxing unit proposes a tax rate that exceeds either the no-new-revenue tax rate or the voter-approval tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.599774 per $100 valuation for Fiscal Year (FY) 2023-2024. This tax rate is the same as the Voter-Approval Tax Rate. This is a reduction from our current tax rate of $0.620261 , which is $0.020487 cents. As this rate exceeds either the no-new-revenue tax rate of$0.553858 per $100 valuation, or the voter-approval tax rate of $0.599774 per $100 valuation, the Property Tax Code requires that the governing body schedule one public hearing on the proposal. The public hearing for the FY2023-2024 proposed tax rate and the first reading of the ordinance for adoption of the FY2023-2024 tax rate will be held on August 29, 2023, during the regular City Council meeting beginning at 11:30 am. The vote for the final adoption of the budget and tax rate will be held at the September 5, 2023, City Council meeting. ALTERNATIVES: The public hearing is required to be in compliance with the Truth-in-Taxation guidelines as it relates to the adoption of the budget and the property tax rate. FISCAL IMPACT: We anticipate generating tax revenues of$184,131 ,130 for the City. The amount needed for debt service or (I&S) is $67,831 ,531 and the difference of $116,299,598 is for the general fund or (M&O). Of this amount, $13,210,590 will be transferred to the Streets Fund for Residential Streets. Additionally, $6,870,584 of the $184,131 ,130 in tax revenues will be collected for the Tax Increment Reinvestment Zones. RECOMMENDATION: Staff recommends approval of the FY 2023-2024 Budget and Ad Valorem Tax Rate of $0.599774 per $100 valuation. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance setting a property tax rate of $0.599774 per $100 valuation which is effectively an 8.3% increase over the no-new-revenue tax rate and approving the tax roll as calculated. WHEREAS, this tax levy is in accordance with the City's fiscal year 2023-2024 operating budget adopted on September 5, 2023; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2023 as follows: $0.378825 for the purpose of maintenance and operation 0.220949 for payment of principal and interest on debt $0.599774 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 5.2 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $18.38. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2023 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.378825 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government of the City of Corpus Christi. Included in this tax is the unused increment rate from the prior three tax years of $0.006239 on each one hundred dollar value. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. Four cents shall be dedicated for residential street reconstruction in accordance with Article VI 11, Section 1(c) of the City Charter and shall be transferred from the General Fund to a dedicated fund on a monthly basis. If the tax rate is reduced by the results of an election to repeal the tax increase to the voter-approval rate, then the reduction shall first reduce the aforementioned residential street reconstruction portion of the tax rate and dedicated fund. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2023 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.220949 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: Page 1 of 4 ANNUAL DEBT SERVICE DUE FY 2023-2024 Principal Interest & Total Fees 2012 Public Property Contractual Obligations $685,000 $7,432 $692,432 2014 Public Property Financial Obligations $820,000 $51,850 $871,850 2015 Taxable CO's - Landfill $455,000 $261,559 $716,559 2015 General Obligation - Bond 2014 $4,130,000 $2,814,150 $6,944,150 2015 GO Refunding 2007A & 2009 $6,780,000 $1,886,750 $8,666,750 2016 CO's - Facilities $90,000 $52,663 $142,663 2016A Tax & Limited Pledge CO's - Streets $720,000 $465,200 $1,185,200 2016A GO's Refunding - Streets $435,000 $93,225 $528,225 2016A GO's Refunding - TMPC $770,000 $52,285 $822,285 2017 Tax & Limited Pledge CO's - Landfill $260,000 $29,136 $289,136 2018A Comb Tax & Ltd Pledge Revenue CO's $610,000 $611,650 $1,221,650 2018B Comb Tax & Ltd Pledge Revenue CO's, $305,000 $263,050 $568,050 Taxable 2018 General Improvement Bonds - Streets $690,000 $736,500 $1,426,500 2019A General Obligation Bonds - Parks $855,000 $117,460 $972,460 2019B Comb Tax & Surplus GO's -Airport, $400,000 $71,808 $471,808 Taxable 2020A General Obligation Improvement $2,865,000 $3,168,125 $6,033,125 2020B GO Refunding - Streets $1,325,000 $1,181,625 $2,506,625 2020C.1 General Improvement Refunding $0 $48,143 $48,143 Bonds - Airport, Taxable 2020C.2 General Improvement Refunding $0 $115,030 $115,030 Bonds - Landfill, Taxable 2020C.3 General Improvement Refunding $0 $167,825 $167,825 Bonds - Landfill, Taxable 2020C.4 General Improvement Refunding $0 $145,829 $145,829 Bonds - Landfill, Taxable 2020C.5 General Improvement Refunding $0 $799,705 $799,705 Bonds - Landfill, Taxable 2021A Comb Tax & Ltd Pledge CO's $295,000 $295,775 $590,775 2021B Comb Tax & Ltd Pledge CO's - Landfill $390,000 $165,567 $555,567 Taxable 2021C.1 General Improvement Refunding - $7,090,000 $144,622 $7,234,622 Taxable 2021C.2 General Improvement Refunding - $4,360,000 $100,035 $4,460,035 Taxable 2021D.1 General Improvement Refunding - $935,000 $356,125 $1,291,125 Airport, Taxable Page 2 of 4 Principal Interest & Total Fees 2021E General Improvement Refunding — $240,000 $48,900 $288,900 Airport, AMT 2022A Comb Tax & Ltd Pledge Revenue CO's $320,000 $478,000 $798,000 2022B Tax Ltd Revenue CO's — Landfill, $310,000 $414,933 $724,933 Taxable 2022C General Improvement Bonds $985,000 $1,482,825 $2,467,825 2023A Comb Tax & Ltd Pledge Revenue CO's $140,000 $312,257 $452,257 2023B Comb Tax & Ltd Pledge CO's — Landfill $140,000 $464,274 $604,274 Taxable 2023B Comb Tax & Ltd Pledge CO's —Golf $20,000 $74,256 $94,256 Taxable 2023 General Improvement Bonds $780,000 $1,779,204 $2,559,204 2023 Ltd Tax Notes $385,000 $179,146 $564,146 Total required for FY 2024 debt service $58,021,919 Less: Amount to be paid from $0 unencumbered balance Less: Self-supporting debt ($1,233,528) Excess Collections last year Total to be paid from taxes in FY 2024 $56,788,391 Amount added in anticipation that the City will collect only 97.69% of its taxes in FY 2024 $1,342,831 Total Debt Levy $58,131,222 In addition to the ad valorem tax levy for debt service totaling $58,131 ,222 the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2023 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1 , 2024, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. City staff, acting through the City Manager, are directed to notify the tax assessor ("Assessor") of the tax rate for the tax year 2023 adopted pursuant to this ordinance, which rate the Assessor shall use in calculating the tax imposed on each parcel of property included on the City's appraisal roll, which tax amounts the Assessor shall enter in the appraisal roll and submit to the City for approval, all in accordance with Section 26.09 of the Texas Property Tax Code. Pursuant to this clause, the appraisal roll with amounts so calculated, entered, and submitted to the City is hereby approved and constitutes the City's tax roll. Page 3 of 4 SECTION 6. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 4 of 4 information required by Subsection (c) (1) has been submitted, shall determine that the facility, device, or method described in the permit application or in the request for an exemption from a permit that would otherwise be required is used wholly or partly as a facility, device, or method for the control of air, water, or land pollution and shall take the action that is required by Subsection (d) in the event such a determination is made . (i) A political subdivision of the state seeking an adjustment in its voter-approval tax rate under this section shall provide to its tax assessor a copy of the letter issued by the executive director of the Texas Commission on Environmental Quality under Subsection (d) . The tax assessor shall accept the copy of the letter from the executive director as conclusive evidence that the facility, device, or method is used wholly or partly as pollution control property and shall adjust the voter-approval tax rate for the political subdivision as provided for by Subsection (a) . Added by Acts 1993, 73rd Leg. , ch . 285, Sec. 4, eff . Aug. 30, 1993 . Amended by: Acts 2007, 80th Leg . , R. S . , Ch . 1277 (H . B . 3732) , Sec. 5, eff . September 1, 2007 . Acts 2019, 86th Leg. , R. S . , Ch . 944 (S .B. 2) , Sec. 44, eff. January 1, 2020 . Acts 2019, 86th Leg. , R. S . , Ch . 944 (S . B. 2) , Sec. 45, eff . January 1, 2020 . Sec . 26 . 05 . TAX RATE. (a) The governing body of each taxing unit shall adopt a tax rate for the current tax year and shall notify the assessor for the taxing unit of the rate adopted. The governing body must adopt a tax rate before the later of September 30 or the 60th day after the date the certified appraisal roll is received by the taxing unit, except that the governing body must adopt a tax rate that exceeds the voter- approval tax rate not later than the 71st day before the next uniform election date prescribed by Section 41 . 001 , Election Code, that occurs in November of that year . The tax rate consists of two components, each of which must be approved separately. The components are : (1) for a taxing unit other than a school district, the rate that, if applied to the total taxable value, will impose the total amount described by Section 26 . 04 (e) (3) (C) , less any amount of additional sales and use tax revenue that will be used to pay debt service, or, for a school district, the rate calculated under Section 44 . 004 (c) (5) (A) (ii) (b) , Education Code; and (2) the rate that, if applied to the total taxable value, will impose the amount of taxes needed to fund maintenance and operation expenditures of the taxing unit for the next year. (b) A taxing unit may not impose property taxes in any year until the governing body has adopted a tax rate for that year, and the annual tax rate must be set by ordinance, resolution, or order, depending on the method prescribed by law for adoption of a law by the governing body. The vote on the ordinance, resolution, or order setting the tax rate must be separate from the vote adopting the budget . For a taxing unit other than a school district, the vote on the ordinance, resolution, or order setting a tax rate that exceeds the no-new-revenue tax rate must be a record vote, and at least 60 percent of the members of the governing body must vote in favor of the ordinance, resolution, or order. For a school district, the vote on the ordinance, resolution, or order setting a tax rate that exceeds the sum of the no-new-revenue maintenance and operations tax rate of the district as determined under Section 26 . 08 (1) and the district ' s current debt rate must be a record vote, and at least 60 percent of the members of the governing body must vote in favor of the ordinance, resolution, or order . A motion to adopt an ordinance, resolution, or order setting a tax rate that exceeds the no-new-revenue tax rate must be made in the following form: "I move that the property tax rate be increased by the adoption of a tax rate of (specify tax rate) , which is effectively a (insert percentage by which the proposed tax rate exceeds the no-new-revenue tax rate) percent increase in the tax rate . " If the ordinance, resolution, or order sets a tax rate that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year, the taxing unit must : (1) include in the ordinance, resolution, or order in type larger than the type used in any other portion of the document : (A) the following statement : "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR' S TAX RATE. " ; and (B) if the tax rate exceeds the no-new-revenue maintenance and operations rate, the following statement : "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100, 000 HOME BY APPROXIMATELY $ ( Insert amount) . " ; and (2) include on the home page of the Internet website of the taxing unit : (A) the following statement : " (Insert name of taxing unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR' S TAX RATE"; and (B) if the tax rate exceeds the no-new-revenue maintenance and operations rate, the following statement : "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO-NEW-REVENUE MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100, 000 HOME BY APPROXIMATELY $ (Insert amount) . " (c) If the governing body of a taxing unit does not adopt a tax rate before the date required by Subsection (a) , the tax rate for the taxing unit for that tax year is the lower of the no-new-revenue tax rate calculated for that tax year or the tax rate adopted by the taxing unit for the preceding tax year . A tax rate established by this subsection is treated as an adopted tax rate . Before the fifth day after the establishment of a tax rate by this subsection, the governing body of the taxing unit must ratify the applicable tax rate in the manner required by Subsection (b) . (d) The governing body of a taxing unit other than a school district may not adopt a tax rate that exceeds the lower of the voter-approval tax rate or the no-new-revenue tax rate calculated as provided by this chapter until the governing body has held a public hearing on the proposed tax rate and has otherwise complied with Section 26. 06 and Section 26. 065 . The governing body of a taxing unit shall reduce a tax rate set by law or by vote of the electorate to the lower of the voter-approval tax rate or the no-new-revenue tax rate and may not adopt a higher rate unless it first complies with Section 26 . 06 . (d-1) The governing body of a taxing unit other than a school district may not hold a public hearing on a proposed tax rate or a public meeting to adopt a tax rate until the fifth day after the date the chief appraiser of each appraisal district in which the taxing unit participates has : (1) delivered the notice required by Section 26. 04 (e-2) ; and (2) complied with Section 26. 17 (f) . (d-2) Notwithstanding Subsection (a) , the governing body of a taxing unit other than a school district may not adopt a tax rate until the chief appraiser of each appraisal district in which the taxing unit participates has complied with Subsection (d-1) . (e) A person who owns taxable property is entitled to an injunction restraining the collection of taxes by a taxing unit in which the property is taxable if the taxing unit has not complied with the requirements of this section or Section 26 . 04 . It is a defense in an action for an injunction under this subsection that the failure to comply was in good faith. An action to enjoin the collection of taxes must be filed not later than the 15th day after the date the taxing unit adopts a tax rate . A property owner is not required to pay the taxes imposed by a taxing unit on the owner ' s property while an action filed by the property owner to enjoin the collection of taxes imposed by the taxing unit on the owner' s property is pending . If the property owner pays the taxes and subsequently prevails in the action, the property owner is entitled to a refund of the taxes paid, together with reasonable attorney' s fees and court costs . The property owner is not required to apply to the collector for the taxing unit to receive the refund. (e-1) The governing body of a taxing unit that imposes an additional sales and use tax may not adopt the component of the tax rate of the taxing unit described by Subsection (a) (1) of this section until the chief financial officer or the auditor for the taxing unit submits to the governing body of the taxing unit a written certification that the amount of additional sales and use tax revenue that will be used to pay debt service has been deducted from the total amount described by Section 26 . 04 (e) (3) (C) as required by Subsection (a) (1 ) of this section . The comptroller shall prescribe the form of the certification required by this subsection and the manner in which it is required to be submitted . (f) Except as required by the law under which an obligation was created, the governing body may not apply any tax revenues generated by the rate described in Subsection (a) (1) of this section for any purpose other than the retirement of debt . (g) Notwithstanding Subsection (a) , the governing body of a school district that elects to adopt a tax rate before the adoption of a budget for the fiscal year that begins in the current tax year may adopt a tax rate for the current tax year before receipt of the certified appraisal roll for the school district if the chief appraiser of the appraisal district in which the school district participates has certified to the assessor for the school district an estimate of the taxable value of property in the school district as provided by Section 26 . 01 (e) . If a school district adopts a tax rate under this subsection, the no-new-revenue tax rate and the voter-approval tax rate of the district shall be calculated based on the certified estimate of taxable value . Acts 1979, 66th Leg. , p . 2268, ch. 841, Sec . 1, eff. Jan . 1, 1982 . Amended by Acts 1981, 67th Leg. , 1st C . S. , p. 164, ch . 13, Sec . 117, eff . Jan . 1, 1982; Acts 1985, 69th Leg . , ch . 657, Sec . 3, eff. June 14, 1985; Acts 1987, 70th Leg. , ch. 699, Sec . 2, eff . June 19, 1987; Acts 1987, 70th Leg. , ch . 947, Sec . 7, eff. Jan . 1, 1988; Acts 1987, 70th Leg . , ch . 988, Sec . 2, eff. June 18, 1987; Acts 1991, 72nd Leg. , ch . 404, Sec . 1, eff . Jan . 1, 1992; Acts 1997, 75th Leg. , ch . 165, Sec . 29 . 06, eff. Sept . 1, 1997; Acts 1997, 75th Leg. , ch. 1039, Sec. 27, eff. Jan . 1, 1998; Acts 1999, 76th Leg. , ch . 398, Sec . 3, eff. Aug. 30, 1999; Acts 1999, 76th Leg . , ch . 423, Sec . 1, eff. Jan . 1, 2000; Acts 1999, 76th Leg . , ch. 1358, Sec . 2, eff. Jan . 1 , 2000 . Amended by: Acts 2005, 79th Leg. , Ch. 412 (S .B. 1652) , Sec . 13, eff. September 1, 2005 . Acts 2005, 79th Leg. , Ch. 1368 (S .B. 18) , Sec . 1, eff . June 18, 2005 . Acts 2007, 80th Leg. , R. S . , Ch . 921 (H.B. 3167) , Sec. 14 . 001, eff . September 1, 2007 . Acts 2009, 81st Leg. , R. S . , Ch. 668 (H .B. 2291) , Sec . 1 , eff . June 19, 2009 . Acts 2009, 81st Leg . , R.S . , Ch. 1328 (H .B. 3646) , Sec. 86, eff. September 1 , 2009 . Acts 2011, 82nd Leg . , 1st C . S . , Ch . 4 (S .B. 1) , Sec . 57 . 28, eff . September 28, 2011 . Acts 2015, 84th Leg. , R. S . , Ch. 481 (S .B. 1760) , Sec . 5, eff . January 1, 2016 . Acts 2019, 86th Leg. , R.S . , Ch. 944 (S .B. 2) , Sec. 46, eff . January 1, 2020 . Acts 2019, 86th Leg. , R. S . , Ch. 944 (S .B. 2) , Sec . 46, eff . January 1, 2021 . Sec . 26 . 0501 . LIMITATION ON TAX RATE OF DEFUNDING MUNICIPALITY. (a) In this section, "defunding municipality" means a municipality that is considered to be a defunding municipality for the current tax year under Chapter 109, Local Government Code. (b) Notwithstanding any other provision of this chapter or other law, the governing body of a defunding municipality may not adopt a tax rate for the current tax year that exceeds the lesser of the defunding municipality' s no-new-revenue tax rate or voter-approval tax rate for that tax year . �O 0 E AGENDA MEMORANDUM CORPOR I Ordinance for the City Council Meeting of August 29, 2023 1852 Second Reading for the City Council Meeting of September 5, 2023 DATE: August 10, 2023 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ratification of FY 2024 Property Tax Increase CAPTION: Ordinance ratifying the property tax increase reflected in the FY 2023-2024 Operating Budget that will require raising more revenue from property taxes than in the FY 2022-2023 Operating Budget in amount of$13,499,855. SUMMARY: This item is to adopt the budget with the increase of$13,499,855 in property tax revenues for the upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. The City of Corpus Christi is proposing a budget with an increase of $13,499,855 or 8.5% in property tax revenue from last year's operating budget. The $13,499,855 breakdown is General Fund $5,851,599, Debt Service Fund $3,529,811, Residential Street Reconstruction Fund $1,265,679, and Tax Increment Reinvestment Zones $2,852,766, and of that amount an estimated $3,526,259 is tax revenue to be raised from new property added to the tax roll this year. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed revenues are $1,115,607,544 which includes an increase of$13,499,855 in property tax revenues over the prior year. RECOMMENDATION: To adopt budget with the increase of$13,499,855 in property tax revenues for the upcoming fiscal year as per charter requirement. LIST OF SUPPORTING DOCUMENTS: FY 2023-2024 Ordinance to ratify property tax increase Ordinance ratifying the property tax increase reflected in the FY 2023- 2024 Operating Budget that will require raising more revenue from property taxes than in the FY 2022-2023 Operating Budget in amount of$13,499,855.00. WHEREAS, the City Council has, on the same date as and prior to its consideration and adoption of this Ordinance, adopted by separate Ordinance the budget of the City of Corpus Christi for the FY 2023-2024; WHEREAS, the FY 2023-2024 budget will require raising more revenue from property taxes than in the budget of the City of Corpus Christi for FY 2022-2023; WHEREAS, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget, and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; and WHEREAS, in order to comply with that provision, it is necessary for the City Council to adopt this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. In accordance with the requirements of Section 102.007 (c), Texas Local Government Code, the property tax increase reflected in the FY 2023-2024 Operating Budget that will require raising more revenue from property taxes than in the FY 2022- 2023 Operating Budget in the amount of $13,499,855.00 is hereby ratified. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 22, 2023 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 12:14 p.m. B. Invocation to be given by Pastor David Bendett, Rock City Church. City Secretary, Rebecca Huerta, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Gabriella Perez, Senior at Miller High School. Mayor's Communication Specialist, Leanne Hale, 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 Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1352 Water Source Alternatives Update by Mike Murphy, COO of Water Utilities Chief Operating Officer with Corpus Christi Water Michael Murphy presented information on the following topics: proposed projects at a glance; Harbor Island Seawater Desalination; Evangeline Groundwater estimated 15-25 MGD; Barney Davis Seawater Desalination; La Quinta Seawater Desalination estimated 20-40 MGD; and Inner Harbor Seawater desalination 20-30 MGD. Council Members, City Manager Peter Zanoni, Chief Operating Officer Murphy, and City of Corpus Christi Page 1 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 Water Resource Manager Esteban Ramos discussed the following topics: the Port of Corpus Christi is assisting the City financially in providing water resources, as well as helping with the permit application process; the top three desalination sites being considered are Evangeline, Inner Harbor and Harbor Island; the City has spent about $7 million and 10 years discussing desalination; the Evangeline Groundwater timeline for permits and construction is approximately two to five years; and Council desires to have an additional water source identified and agreed upon soon so more progress can be made towards completion. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Jill Underbrink, 4813 Meadow Vale Circle, stated concern about sewage overflow damages at her home. Blanca Parkinson, 10801 Silverton Dr., spoke in opposition to a desalination plant. Isabel Araiza, 326 Poenisch Dr., spoke about the City's outdated water conservation plan and the large amount of water used by industries. John Weber, 609 Naples St., spoke in opposition to raising water rates for residential customers and a concern about the City's response time for public information requests. Samuel Aundra Fryer, 2222 Cardinales Lane, spoke in opposition to a sustainability department and against a utility rate increase. Susie Saldana, 4710 Hakel Dr., spoke in support of increasing water rates for high volume water users. Eli McKay, 1008 Marguerite St., spoke about increasing funding for homeless services. Adam Rios, 7301 Tangled Ridge Court, spoke in support of the skateboarding plans at West Guth Park. Rachel Caballero, 522 Hancock, Ave., expressed her desire for no tax rate or utility rate increases. Shirin Delsooz, 6030 Tapestry Dr., spoke about prioritizing pothole repairs to avoid cyclist accidents. Amanda Guerra, 2610 Wind Hollow Dr. and Victoria Holland, 235 Ohio Ave., spoke in opposition of eliminating City Marshals. The following citizen submitted a written public comment which is attached to the minutes: John Bishop, 302 Cape Cod Dr. City of Corpus Christi Page 2 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 G. BOARD & COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 2 - 10) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Item 3 was pulled for individual consideration. Council Member Hunter moved to approve the consent agenda with the exception of Item 3, seconded by Council Member Hernandez. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 2. 23-1353 Approval of the August 1, 2023 and August 10, 2023 Budget Workshop, and August 15, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Contracts and Procurement 3. 23-1071 Motion authorizing the execution of a one-year supply agreement with Rehrig Pacific Company, through the OMNIA Partners Cooperative, for$742,014.00, to purchase refuse and recycling carts for Solid Waste Services, with FY 2024 funding from the General Fund, subject to budget approval. Mayor Guajardo referred to Item 3. A Council Member and City Manager Peter Zanoni discussed the following topics: discussed the possibility of creating a tiered solid waste rate plan, offering and based on various trash bin sizes, including the advantages and disadvantages, and process to make such a change. Council Member Campos moved to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-121 City of Corpus Christi Page 3 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 4. 23-1072 Motion authorizing the purchase of 14 roll-off containers from Roll-Offs USA of Durant, Oklahoma through the H-GAC Purchasing Cooperative for$138,000.00 for Solid Waste Services, with FY 2023 funding from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-122 5. 23-1254 Motion authorizing the execution of a three-year supply agreement with G. P. Transport, Inc. of Gregory, in an amount not to exceed $292,500.00, for crushed concrete to be used in rehabilitating landfill roadways, for Solid Waste Services, with FY 2023 funding of$8,125.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-123 6. 23-1115 Motion authorizing execution of a 15-month service agreement with Maldonado Nursery & Landscaping, Inc., of San Antonio, in an amount not to exceed $78,979.79, for the purchase and installation of trees on Leopard Street median for Public Works,with FY 2023 funding of$76,058.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-124 7. 23-1199 Motion authorizing execution of two, one-year supply agreements, with two one-year options, with Southern Tire Mart, LLC of Columbia, Mississippi, with a location in Corpus Christi, for the purchase of trailer tires and passenger/light truck tires in an amount not to exceed $430,990.45 and Beasley Tire Service, Inc., of Corpus Christi, for the purchase of large tires in an amount not to exceed $628,425.00, for a combined amount of$1,059,415.45 and a potential amount of$3,178,246.35 if options are exercised, to be utilized by Asset Management, with FY 2023 funding of$88,284.62 from the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2023-125 8. 23-1205 Motion authorizing a two-year service agreement with Baker Tilly US, LLP., of Plano, Texas, to be used by various City departments for executive-level recruiting for hard to fill positions through the Human Resources Department, in an amount not to exceed $323,400.00, with future funding from various funds. This Motion was passed on the consent agenda. Enactment No: M2023-126 9. 23-1293 Resolution authorizing the final of two, two-year extensions to the service agreement with Meeder Public Funds, Inc., of Austin, in an amount not to exceed $64,000.00, to provide investment advisor services effective September 4, City of Corpus Christi Page 4 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 2023, with no funding required for FY 2023 and funding in future fiscal years from the General Fund, subject to budget approval. This Resolution was passed on the consent agenda. Enactment No: 033133 Consent-First Reading Ordinances 10. 23-1251 Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue water quality advisories when warranted. for the period September 1, 2020, through August 31, 2025. This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:57 p.m. Mayor Guajardo reconvened the meeting at 3:34 p.m. K. PUBLIC HEARINGS: (ITEMS 11 - 13) 11. 23-1201 Zoning Case No. 0623-02, Ron & Vanessa, LLC III and TRR Development LLC (District 4). Ordinance rezoning properties at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Palmira Ave from the CR-2/10 Resort Commercial District with the Island Overlay to the CR-2/10/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 11. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Pusley moved to approve the ordinance, seconded by Council Member Hunter. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 City of Corpus Christi Page 5 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 12. 23-1269 Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the "R-MH" Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). Mayor Guajardo referred to Item 12. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Pusley moved to approve the ordinance, seconded by Council Member Hunter. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 13. 23-1273 Zoning Case No. 0623-01, MPM Development, LP, Corpus Christi Independent School District, and the City of Corpus Christi (District 5). Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District and the "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). Mayor Guajardo referred to Item 13. Council Members and Director of Development Services Al Raymond discussed the following topics: a Council Member's concern that this development is in a floodplain. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Hernandez moved 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 Pusley, Council Member Suckley, Council Member Roy and Council Member Campos City of Corpus Christi Page 6 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 Nay: 1 - Council Member Klein Abstained: 0 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 14 - 18) 14. 23-1233 Motion awarding a construction contract to Roofing Solutions, LLC. of Prairieville, Louisiana, for the City Hall Roof Repairs project in the amount of $869,120.00 (an FY 2023 Capital Budget approved project), located in Council District 1, with FY 2023 funding available from the Facility Maintenance CO fund. Mayor Guajardo referred to Item 14. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the motion, seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-127 15. 23-1234 Motion awarding a construction contract to National Power Rodding Corp., Austin, Texas, for Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) Manhole Improvements project in an amount of$2,000,000.00, located Citywide, with FY 2023 funding available from the Wastewater Capital Fund. Mayor Guajardo referred to Item 15. A Council Member and City Manager Peter Zanoni discussed the following topics: a Council Member's request to allow the use of fund balance or debt service to pay for this project. Council Member Hernandez moved to approve the motion, seconded by Council Member Klein and passed unanimously. Council Member Hernandez made a motion to amend to allow for the use of Wastewater Capital Fund or reserve balance, seconded by Council Member Klein. Council Member Hernandez moved to approve the motion as amended, seconded by Council Member Klein. This Motion was passed as amended and approved with the City of Corpus Christi Page 7 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-128 16. 23-1235 Motion awarding a construction contract to Jhabores Construction Company, Inc., Corpus Christi, Texas, in an amount up to $5,000,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $15,000,000.00 for Citywide Water Line Repair/Replace-Small Diameter Indefinite Delivery Indefinite Quantity (IDIQ) FY 2023 Part B project, located Citywide, with FY 2023 funding available from the Water Capital Fund. Mayor Guajardo referred to Item 16. A Council Member's desire that more money be applied towards the annual capital improvements budget as opposed to utilizing the reserve fund balance. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the motion, seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Suckley Enactment No: M2023-129 17. 23-1262 Resolution authorizing the submission of a grant application for the FY 2023 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $227,389.00 for the Corpus Christi Police Department; and authorizing an Interlocal Agreement with Nueces County for the distribution of Justice Assistance Grant Program funds in the amount of$113,694.00 to Nueces County and $113,695.00 to the City of Corpus Christi should the grant be awarded. Mayor Guajardo referred to Item 17. Mayor Guajardo opened public comment. City of Corpus Christi Page 8 Printed on 8/24/2023 City Council Meeting Minutes August 22, 2023 There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the resolution, seconded by Council Member Pusley. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033134 18. 23-0996 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$822,431 with a City cash match of $169,372 and an in-kind match of$714,806, for a total project cost of $1,706,609 for salaries, overtime, and fringe benefits for four sworn officers three civilians (authorizing two additional general fund positions), and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $822,431 in the Police Grants Fund. Mayor Guajardo referred to Item 18. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the ordinance, seconded by Council Member Pusley. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 M. BRIEFINGS: (NONE) N. EXECUTIVE SESSION: (NONE) O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 3:50 p.m. City of Corpus Christi Page 9 Printed on 8/24/2023 Sarah Brunkenhoefer From: Norma Duran Sent: Tuesday, August 22, 2023 8:56 AM To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input:08-22-2023 -John Bishop Public comment From:Jotform <noreply@jotform.com> Sent:Tuesday,August 22, 2023 8:53 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-22-2023 -John Bishop [ [ 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 SecurityA[ert@cctexas.com. ] ] F]Public Comment & Input Form Date of Meeting 08-22-2023 Name John Bishop Address Street Address: 302 Cape Cod Drive City: Corpus Christi State/Province:TX Postal/Zip Code: 78412 Topic Kentner/Cape Cod Street Reconstruction and damage Agenda Item Number no specific item Describe Feedback: I want to discuss the repair on Kentner Street from Cape Cod to Canterbury under contract with Bay Construction. For over three months, Bay parked 18-wheeler trucks laden with heavy construction/paving materials in front of my house at 302 Cape Cod, between my driveway and the walkway to my porch. The excessive load caused the pavement to become compressed and the street curb to flip outwards towards the sidewalk, as shown in the attached photo. Beginning 6 weeks ago I brought this to the attention of Bay employees, and then a month ago to the City. I ultimately spoke with the Project Manager(Mai- Theresa Bernal)once who connected me to the Inspector(Alex Motera),with whom I have spoken 1 twice.To date, however,to my knowledge, no one from the City or Bay Construction has been out to view the damage or to discuss or plan repairs. 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'-fn14'-t' ., ':4s�{,}jt "yy _ C,[.`a;,. ,F�t'.lt;v -�,� Y. ��' so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 22, 2023 1852 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK@cctexas.com 361-826-7202 Amendment provided by the Texas General Land Office increasing the contract by $13,000.00 to Work Order No. D687 under GLO Contract No. 21-043-001 bringing the total amount for FY23 to $140,000.00 for the duration of this work order CAPTION: Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality, and to recommend and/or issue water quality advisories when warranted for the period of September 1, 2020, through August 31, 2025. SUMMARY: The Texas Department of State Health Services has awarded an additional $13,000 for Amendment No. 1 to Work Order No. D687 under GLO Contract No. 21-043-001 to collect and analyze recreational beach water samples and provide financial assistance for expenses to support collection. The Corpus Christi - Nueces County Public Health District (CCNCPHD) in conjunction with the Texas Beach Watch (TBW) performs collections and analysis of water samples from designated sampling stations and reports results to the public water quality advisories. BACKGROUND AND FINDINGS: The purpose of the grant is to conduct the collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties. All procedures are required by the Quality Assurance Project Plan. The project shall be performed in accordance with this Contract and all Attachments, and any Work Order(s) issued under this Contract. Provider shall perform Project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. Grant details: • Funding Source: Texas General Land Office • Budget: $140,000.00 • Length of Work Order: September 1, 2020 - August 31, 2025 • $49,500.00 for Salary • $18,350.00 for Fringe • $45,150.00 for Other • $22,000.00 for Supplies • $5,000.00 for Travel Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. • Provider will be reimbursed $55.00 for each base sample submitted. • Provider will be reimbursed $70.00 for each repeat sample required. Personnel to be funded: • Public Health Technician/Lad Aide o Position currently filled ALTERNATIVES: Refuse the grant amendment, resulting in less collection and analysis of designated sampling. FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831861 F Mission Element: 103 COVID19 Response Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000812700042 Ordinance COF Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. for the period September 1, 2020, through August 31, 2025. WHEREAS, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and WHEREAS, the Texas Department of State Health Services has awarded an additional $13,000 for Amendment No. 1 to Work Order No. D687 under GLO Contract No. 21-043-001 to collect and analyze recreational beach water samples and provide financial assistance for expenses to support collection. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $13,000.00 are appropriated in Health Grants Fund 1066 to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. for the period of September 1, 2020, through August 31, 2025. SECTION 2. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. 1 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 2 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 M C W NATE Ov Sti INTERGOVERNMENTAL CONTRACT WORK ORDER DRIVEN GLO Contract No. 21-043-001 THE GENERAL LAND OFFICE ("the GLO") and CORPUS CHRISTI — NUECES COUNTY PUBLIC HEALTH DISTRICT ("Provider"), each a "Party" and collectively "the Parties," enter into the following contract for services (the "Contract") pursuant to the provisions of Chapter 771 or 791 of the Texas Government Code,as applicable.This contract is funded through the U.S.Environmental Protection Agency under the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act,PL 106-284). L DEFINITIONS/INTERPRETIVE PROVISIONS/PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, which may include Title 2, Part 200, Code of Federal Regulations and Chapters 321, 771, and 791 of the Texas Government Code. "Attachment" means documents, terms, conditions, or additional information physically attached to this Contract following the execution page or incorporated by reference within the body of this Contract. "Contract" means this entire document, along with any Attachments. "Deliverable" means a unit or increment of work to include, any item, report, data, document,photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "Federal Assurances and Certifications" means Standard Form 424B (Rev. 7-97) (non- construction projects)or Standard Form 424D(Rev. 7-97)(construction projects),and U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," attached hereto as Attachment A and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. GLO Contract No.21-043-001 Page 1 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 "General Affirmations" means the statements in Attachment B, attached hereto and incorporated herein for all purposes, which Provider affirms by executing this Contract. "Intellectual Property" means patents, rights to apply for patents,trademarks,trade names, service marks, domain names, copyrights, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Performing Agency" (or Provider) means the State agency or local governmental entity performing the services described herein. "Project" means the services described in SECTION 1.03 of this Contract. "Provider Project Manager" means the individual designated by Provider as Provider's primary contact person with specific authority and responsibility to supervise and direct Provider's duties and responsibilities, on Provider's behalf, pursuant to this Contract, and who shall have decision-making authority with respect to the Project. "Public Information Act" means Chapter 552 of the Texas Government Code. "Quality Assurance Project Plan (QAPP)" means the EPA-approved document describing in comprehensive detail the technical activities to be implemented to ensure the results of work performed will satisfy the stated performance criteria. "Receiving Agency" (or the GLO) means the State agency or local governmental entity receiving the benefits of the services described herein. "Subcontractor" means an individual or business that contracts with Provider to perform part or all of the obligations of Provider under this Contract. "Travel Regulations" means all applicable statutes, regulations, laws, and Comptroller guidance related to reimbursement for Provider's travel expenses, including: Title 34, Section 5.22, of the Texas Administrative Code; Chapter 660 of the Texas Government Code; the General Appropriations Act; and Textravel, the Comptroller's travel regulation guidance available on the Comptroller's website. "Work" means services to be performed or goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed, including but not limited to Deliverables, in the performance of the Project. "Work Order" means an individually negotiated document authorizing Work under this Contract, if any. 1.02 INTERPRETIVE PROVISIONS a) The meanings of defined terms apply to the singular and plural forms of the defined terms; b) The words"hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, work order, or schedule of this Contract unless otherwise specified; C) The term "including" means "including, without limitation." GLO Contract No.21-043-001 Page 2 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 d) Unless otherwise expressly provided, references to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and a reference to a statute or regulation includes statutory or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; f) All Attachments to this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; g) This Contract may use several limitations, regulations, or policies to regulate the same or similar matters and each such limitation, regulation, and policy is cumulative and shall be performed in accordance with its terms; h) Unless otherwise expressly provided, reference to any action of or by the GLO by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion," however, the GLO shall not unreasonably withhold or delay any approval, consent, or waiver required or requested of it; i) Time is of the essence in this Contract; j) If this Contract,its Attachments, or any Work Order(s) conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A,Attachment B,Attachment C;then Work Orders,with conflicts between Work Orders being resolved by giving precedence to the Work Order with the earliest effective date. 1.03 PROJECT Provider shall, in accordance with the Beach Watch Contract Work Plan attached hereto as Attachment C and as directed in Work Order(s) issued under this Contract, perform, or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP, incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with this Contract and all Attachments and any Work Order(s) issued under this Contract. Provider shall perform Project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. 1.04 WORK ORDERS a) Multiple Work Orders may be issued during the term of this Contract, all of which shall be in writing and signed by the parties. Each Work Order may include a scope of services; a list of tasks; a schedule for completion of work; a list of any Deliverables and their due dates; a budget; and other information or special conditions necessary to describe the Work. Each Work Order shall become an Attachment hereto upon final execution, with this Contract and all Attachments thereafter being referred to collectively as the "Contract." GLO Contract No.21-043-001 Page 3 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 b) Nothing in this Contract expresses or guarantees that the GLO will issue Work Orders to Provider for any of the tasks set forth in SECTION 1.03 above. All Work under this Contract will be required on an irregular and as-needed basis throughout the Contract term. The GLO makes no guarantee of volume or usage under this Contract. 1.05 REPORTING AND DOCUMENTATION REQUIREMENTS Provider shall submit reports and documentation in accordance with each Work Order and the QAPP. II.TERM 2.01 DURATION This Contract shall be effective as of the earlier of September 1, 2020 or the date of last signature and shall terminate on August 31, 2025. The Parties may extend the term of this Contract by mutual written agreement. 2.02 EARLY TERMINATION FOR CONVENIENCE The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of any such notice, Provider shall cease work, terminate any relevant subcontracts, and incur no further expense related to this Contract. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 2.03 TERMINATION FOR CAUSE If Provider abandons work, defaults on the Contract, or breaches a material term of the Contract and fails to cure such abandonment, default, or breach within 30 days after receiving written notice of same from the GLO, the GLO may terminate the Contract without further notice. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. III. CONSIDERATION 3.01 CONTRACT LIMIT,FEES,AND EXPENSES The GLO will compensate Provider,per Work Order, in accordance with the budget in each Work Order. 3.02 TRAVEL The GLO will not reimburse Provider for travel expenses of any kind without prior written GLO approval. The GLO will only reimburse travel expenses directly attributable to Provider's performance of this Contract at the rates established or adopted by the Comptroller of the State of Texas, as outlined in the Travel Regulations. Subject to the maximum Contract amount authorized herein and upon specific, prior, written approval by the GLO, lodging, travel, and other incidental direct expenses may be reimbursed under this Contract for professional or technical personnel who are working away from the cities in which they are permanently assigned and conducting business specifically authorized in the scope of services in the Work Order. GLO Contract No.21-043-001 Page 4 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 The limits for reimbursements are the rates established or adopted by the Comptroller, as outlined in the Travel Regulations. Provider understands and acknowledges that any travel-expense reimbursement by the GLO is not a per diem. The GLO will only reimburse actual, allowable expenses in accordance with the Travel Regulations. Provider must submit itemized receipts to support any request for travel-expense reimbursement. 3.02 INVOICES Invoices must: (a) be submitted to vendorinvoices@glo.texas.gov with a copy to lucy.flores@glo.texas.gov (b) be supported by documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and (c) prominently display 21-043-001 and the related GLO Work Order number. The GLO will reimburse Provider in accordance with Texas Government Code Chapter 771 or 791, as applicable. Provider may invoice not more often than monthly. If Provider does not submit invoices in strict accordance with the instructions in this section,payment of invoices may be significantly delayed. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Provider's failure to submit invoices in strict accordance with the instructions in this section. IV.REPRESENTATION OF AUTHORITY,AFFIRMATIONS,AND ASSURANCES 4.01 REPRESENTATION OF AUTHORITY Provider, warrants that: (1)it has authority to perform the services described herein and in any Work Order issued hereunder under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized by its governing body to do so. The GLO warrants that: (1) it has the authority to contract for the services under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized to do so. 4.02 GENERAL AFFIRMATIONS To the extent they apply, Provider certifies it has reviewed the General Affirmations in Attachment B,and that Provider is in compliance with all the requirements contained therein. 4.03 FEDERAL ASSURANCES AND CERTIFICATIONS To the extent they apply, Provider certifies it has reviewed the Federal Assurances and Certifications in Attachment A, and that Provider is in compliance with all the requirements contained therein. Provider certifies it is in compliance with all other applicable federal laws,rules,and regulations,pertaining to this Contract. GLO Contract No.21-043-001 Page 5 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 V. STATE AND FEDERAL FUNDING 5.01 STATE FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49,of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. b) Furthermore, any claim by Provider for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this Contract shall be construed as a waiver of sovereign immunity. 5.02 FEDERAL FUNDING This Contract will be paid for with Federal funds and will be managed by the GLO in accordance with federal and state law. This contract is not a sub-recipient agreement but a subcontract. The Provider is providing a service within normal business operations; is not responsible for programmatic decision-making but is providing a service ancillary to the operation by the GLO of the Beach Watch program; and is not subject to compliance requirements of the Federal program beyond the scope of the service they are providing under this Contract. 5.03 MINORITY AND WOMEN'S BUSINESSES Provider, and any potential subcontractors, shall take affirmative steps to assure that minority and women's businesses are utilized when possible as sources of supplies, equipment, construction, and services, as detailed in the federal requirements relating to minority and women's business enterprises: Executive Order 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No. 12007 of August 22, 1977, 42 Fed. Reg. 42839; Executive Order No. 12432 of July 14, 1983, 48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637. 5.04 RECAPTURE OF FUNDS The discretionary right of the GLO to terminate for convenience under SECTION 2.02 notwithstanding,the GLO may terminate the Contract and recapture and be reimbursed by Provider for any payments the GLO makes that: (i) exceed maximum allowable rates; (ii) are not allowed under applicable laws, rules, or regulations; or (iii) are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.05 OVERPAYMENT Provider shall be liable to the GLO for any costs disallowed pursuant to financial and compliance audit(s) of funds Provider received under this Contract. Provider shall reimburse such disallowed costs from funds which other than those Provider under this Contract. GLO Contract No.21-043-001 Page 6 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VI.OWNERSHIP,INTELLECTUAL PROPERTY AND THIRD-PARTY RELIANCE 6.01 OWNERSHIP The GLO and Provider shall jointly own, without limitation, all right, title, and interest in all reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed under this Contract with each party having an unlimited right to access and use, and authorize or license third parties to access and use, all such information and materials without the necessity of obtaining authorization from the other party and without expense, charge, or accounting to the other party. 6.02 INTELLECTUAL PROPERTY a) The GLO and Provider shall retain, both during and after the term of this Contract, exclusive ownership of all rights, title, and interest in and to, their respective pre- existing Intellectual Property as of the effective date of this Contract, and the parties agree and acknowledge that this Contract will not be interpreted or deemed as causing the parties to become joint owners of any such pre-existing Intellectual Property. b) The Parties to this Contract expressly agree that the GLO, the State of Texas, and the U.S. Government each has the right to use,reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and any other work associated with this Contract, and exercise any intellectual property rights, without obtaining authorization from the other party and without expense, charge, or accounting to the other party. C) The Provider may obtain intellectual property rights for any work that is subject to intellectual property rights and was developed, or for which ownership was purchased, under this Contract, only if the GLO, the State of Texas, and the U.S. Government are granted a worldwide, royalty free, non-exclusive, fully paid-up, and irrevocable license to reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and or any other work associated with this Contract, d) Provider must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance required to perfect the rights granted to the GLO and the State of Texas herein without any charge or expense beyond the stated amount payable to Provider for the services authorized under this Contract. e) The Contract in no way creates an obligation on behalf of the GLO, the State of Texas, or the U.S. Government to obtain or enforce any intellectual property right that may be created under this Contract. GLO Contract No.21-043-001 Page 7 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VII.RECORDS,AUDIT,RETENTION,AND DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives to determine Provider's compliance with this Contract and all applicable laws, rules, and regulations. 7.02 INSPECTION AND AUDIT a) All records related to this Contract, including records of Provider and its Subcontractors, shall be subject to the Administrative and Audit Regulations. b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office,the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards. C) State agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include the GLO,the GLO's contracted examiners,the State Auditor's Office,the Texas Attorney General's Office,the Texas Comptroller of Public Accounts, and their authorized designees. With regard to any federal funding, federal agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include: the relevant federal agency(ies), the Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, and their authorized designees. 7.03 PERIOD OF RETENTION Each Party shall retain in its records this Contract and all documents related to this Contract. Unless a longer retention period is specified by applicable federal law or regulation, the Parties may destroy the Contract and related documents only after the seventh anniversary of the date: the Contract is completed or expires; or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract or related documents are resolved. GLO Contract No.21-043-001 Page 8 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the GLO agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Provider or the GLO to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the GLO; or (c) information that Provider or the GLO is otherwise required to keep confidential by this Contract. Furthermore, Provider will not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any press releases concerning Work under this Contract without the prior written consent of the GLO. 7.05 PUBLIC RECORDS The GLO may post this Contract and the Solicitation Response on its website. Information related to his Contract and its performance may be subject to the Public Information Act and will be withheld or disclosed in accordance therewith. Provider shall make any information created or exchanged with the state pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state/the GLO. Provider shall make any information required under the Public Information Act available to the GLO in portable document file (".pdf') format or any other format agreed between the parties. By failing to mark as "confidential" or a"trade secret" any information Provider believes to be excepted from public disclosure,Provider waives all claims it may make against the GLO for releasing such information without prior notice to Provider. Provider shall notify the GLO's Office of General Counsel within twenty-four hours of Provider's receipt of any third party written requests for information, and forward a copy of said written requests to PIALegal2glo.texas.gov. VIII.MISCELLANEOUS PROVISIONS 8.01 INSURANCE Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by Governmental Units," Provider is self-insured and, therefore, is not required to purchase insurance. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver,permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider shall pay any such government obligations not paid by its subcontractors during performance of this Contract. In its performance of the Contract, Provider shall not infringe the intellectual property rights of third parties. 8.03 ASSIGNMENT AND SUBCONTRACTS a) Provider shall not assign,transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Provider may subcontract with GLO Contract No.21-043-001 Page 9 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. b) Provider will provide written notification to the GLO of any such subcontractor performing fifteen percent(15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed,and the number of subcontractor employees expected to work on the task. 8.04 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract. Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract.Nothing contained in this Contract creates a partnership or joint venture, employer-employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Provider or any other party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave;or unemployment compensation coverage provided by the State. 8.05 COMPLIANCE WITH OTHER LAWS In its performance of this Contract,Provider shall comply with all applicable federal, state, county, and city laws, statutes, ordinances, and regulations. Provider is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations. 8.06 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required,to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: Contract Management Division GLO Contract No.21-043-001 Page 10 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Provider Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Attention: Beach Watch Project Manager Notice given in any other manner shall be deemed effective only when received by the Parry to be notified. Either Parry may change its address for notice by written notice to the other Parry as herein provided. 8.07 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction, the laying of venue, or based on forum non conveniens, it has or may have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR THE STATE OF TEXAS. 8.08 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.09 FORCE MAJEURE Except with respect to the obligation of payments under this Contract,if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented,the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant.In any such event,the Party claiming Force Maj eure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Parry claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days,the GLO may terminate this Contract immediately upon written notification to Provider. 8.10 ENTIRE CONTRACT AND MODIFICATION This Contract,its Attachments, and any Work Order issued under this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Additional or conflicting terms in Attachments or GLO Contract No.21-043-001 Page 11 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Work Orders shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or Work Order specifically displays a mutual intent to amend part of this Contract, conflicts shall be construed consistently with the terms of this Contract. This Contract, its Attachments, and any Work Orders issued under this Contract may only be amended by a mutual, written agreement executed by authorized representatives of the Parties. 8.11 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Contract. 8.12 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has the authority to enter into this Contract. Provider acknowledges that this Contract is effective for the term specified in the Contract. Any services Provider performs before this Contract's effective date or after its termination or expiration are performed at Provider's sole risk. 8.13 SURVIVAL OF TERMS AND PROVISIONS The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretation; warranties; affirmations; prohibition on debts created on behalf of the State of Texas and/or the GLO; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership; intellectual property; third-party reliance; books and records; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers' compensation; unemployment insurance; Provider's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any subcontractors to provide the goods or services described in this Contract; assignment and subcontracting; relationship of the parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification;property rights; default; and amendment. 8.14 CLEAN AIR ACT; FEDERAL WATER POLLUTION CONTROL ACT Provider must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). SIGNATURE PAGE FOLLOWS GLO Contract No.21-043-001 Page 12 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 SIGNATURE PAGE FOR GLO CONTRACT No.21-043-001 GENERAL LAND OFFICE CORPUS CHRISTI—NUECES COUNTY PUBLIC HEALTH DISTRICT aDuSignedby: by: LDocusigned ee I4 4E14, avens, Chief Clerk/ a� 74z� .ette Rodriguez Deputy Land Commissioner Title: Health Director 8/31/2020 10/9/2020 Date of execution: Date of execution: OGC Ebb PM aAE DIV Eq Iu: DD SDD DGC :A� GC IG ATTACHMENTS TO THIS CONTRACT: ATTACHMENT Ell—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B—GENERAL AFFIRMATIONS ATTACHMENT C—BEACH WATCH CONTRACT WORK PLAN ATTACHMENTS FOLLOW Attachment A DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21 B-A1AD084A4F55 GLO Contract No.21-043-001 Page 1 of 5 ASSURANCES— NON-CONSTRUCTION PROGRAMS OMB Approval No.4040-0007 Expiration Date: 02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Act of 1973, as amended (29 U.S.C.§794), which 1. Has the legal authority to apply for Federal assistance, prohibits discrimination on the basis of handicaps; (d) the and the institutional, managerial and financial capability Age Discrimination Act of 1975, as amended (42 U.S.C. (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, §§6101-6107), which prohibits discrimination on the basis management and completion of the project described in of age; (e) the Drug Abuse Office and Treatment Act of this application. 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the 2. Will give the awarding agency, the Comptroller General Comprehensive Alcohol Abuse and Alcoholism of the United States and, if appropriate, the State, Prevention, Treatment and Rehabilitation Act of 1970 through any authorized representative, access to and (P.L. 91-616), as amended, relating to nondiscrimination the right to examine all records, books, papers, or on the basis of alcohol abuse or alcoholism; (g) §§523 documents related to the award; and will establish a and 527 of the Public Health Service Act of 1912 (42 proper accounting system in accordance with generally U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating accepted accounting standards or agency directives. to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 3. Will establish safeguards to prohibit employees from U.S.C. §§3601 et seq.), as amended, relating to using their positions for a purpose that constitutes or nondiscrimination in the sale, rental or financing of presents the appearance of personal or organizational housing; (i) any other non-discrimination provisions in the conflict of interest, or personal gain. specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of 4. Will initiate and complete the work within the applicable any other nondiscrimination statute(s) which may apply to time frame after receipt of approval of the awarding the application. agency. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation 5. Will comply with the Intergovernmental Personnel Act of Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed 1970 (P.L. 91-646) which provide for fair and equitable standards for merit systems for programs funded under treatment of persons displaced or whose property is one of the 19 statutes or regulations specified in acquired as a result of Federal and federally-assisted Appendix A of OPM's Standards for a Merit System of programs. These requirements apply to all interests in Personnel Administration (5 C.F.R. 900, Subpart F). real property acquired for project purposes regardless of 6. Will comply with all Federal statutes relating to Federal participation in purchases. nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) 8. Will comply, as applicable, with the provisions of the which prohibits discrimination on the basis of race, color Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which or national origin; (b) Title IX of the Education limit the political activities of employees whose principal employment activities are funded in whole or in part with Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on Federal funds. the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB CircularA-102 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 2 of 5 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and §§327-333) regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10.Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234) which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is $10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order (EO) 11514; (b) notification of violating Prevention Act (42 U.S.C. §§4801 et seq.) which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 17. Will cause to be performed the required financial and program developed under the Coastal Zone Management compliance audits in accordance with the Single Audit Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Act Amendments of 1996 and OMB Circular No. A-133, Federal actions to State (Clean Air) Implementation Plans "Audits States, Local Governments, and Non-Profit under Section 176(c) of the Clean Air Act of 1955, as Organizations." amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the governing this program. Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 award recipients or a sub-recipient from (1) Engaging in U.S.C. §§1271 et seq.) related to protecting components or severe forms of trafficking in persons during the period potential components of the national wild and scenic rivers of time that the award is in effect (2) Procuring a system. commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DcuSigned by: Health Director rAAA0,4,. �odri5vez A lt'AWM64AN IZATI ON DATE SUBMITTED Nueces County Public Health District 10/9/2020 SF-424B(Rev.7-97)Back DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R.PART 87* Certification for Contracts, Grants,Loans, and Cooperative Agreements: The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states,to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME Nueces County Public Health District 21-043-001 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Annette Rodriguez Health Director SIGNATURE DATE DocuSigned by: AAAC14e &4- Vez 10/9/2020 4FC9D92742CE414.v * 24 C.F.R. 87 App. A, available at bqs://www.i4po. og v/fdsys/eranule/CFR-2011-title24-voll/CFR-2011-title24-voll-part87- ap A.Published Apr. 1,2011.Accessed Aug. 1,2018. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 4 of 5 Disclosure of Lobbying Activities OMB Number: 013 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Expiration Date:02/28/2022 See reverse for public burden disclosure 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a. contract a. bid/offer/application a.initial filing b.grant b.initial award b.material change c. cooperative agreement c.post-award d.loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Prime Subawardee Enter Name and Address of Prime: Name: Street 1: Street 2: City: State: Zip: Congressional District, ifknown: Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,ifapplicable: 8. Federal Action Number,ifknown: 9. Award Amount,ifknown: 10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual, last name,first name, MI): different from No. IOa) (last name,first name, MI): 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported Title: to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Telephone No.: Date: $10,000 and not more than$100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). II. The certifying official shall sign and date the form,print his/her name,title, and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number.The valid OMB control number for this information collection is OMB No. 4040-0013.Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(4040-0013),Washington,DC 20503. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 1 of 8 General Affirmations To the extent they apply, Provider affirms and agrees to the following, without exception: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Provider. 2. If the Contract is for services, Provider shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 3. Under Section 231.006 of the Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 4. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Provider certifies it has submitted this information to the GLO. 5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Provider certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 6. Pursuant to Section 2155.003 of the Texas Government Code, Provider represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Provider owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, regardless of when the debt or delinquency arises. 8. Upon request of the GLO, Provider shall provide copies of its most recent business continuity and disaster recovery plans. 072220M B DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Provider certifies that it does not employ an individual who has been employed by The GLO or another agency at any time during the two years preceding the Provider's submission of its offer to provide consulting services to the GLO or, in the alternative, Provider, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. 10. If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Provider must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 11. If the Contract is for architecture, engineering, or construction services, subject to Texas Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Provider shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if the Provider's claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Provider may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against the Provider as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Provider must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Provider seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with the Provider in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 3 of 8 settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Provider's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO,prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Provider: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or(2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 12. If Chapter 2271 of the Texas Government Code applies to this Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract. 13. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Provider understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 14. Provider certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 15. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Provider certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 4 of 8 of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 16. Provider represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 17. Pursuant to Section 2155.004(a) of the Texas Government Code, Provider certifies that neither Provider nor any person or entity represented by Provider has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Provider from providing free technical assistance. 18. Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 19. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Provider represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Provider further represents and warrants that if a former employee of the GLO was employed by Provider within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Provider that the employee worked on while employed by the GLO. 20. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the GLO. 21. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 5 of 8 FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 22. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PROVIDER'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PROVIDER, OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 23. TO THE EXTENT ALLOWED BY LAW, PROVIDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PROVIDER PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PROVIDER'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PROVIDER OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PROVIDER'S PERFORMANCE UNDER THE CONTRACT. PROVIDER AND THE DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 6 of 8 GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PROVIDER SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, PROVIDER WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PROVIDER OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PROVIDER WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL. 24. Provider has disclosed in writing to the GLO all existing or potential conflicts of interest relative to the performance of the Contract. 25. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 26. Provider understands that the GLO will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material related to this Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Provider shall make any information created or exchanged with the State/GLO pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State or the GLO. 27. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Provider and legally empowered to contractually bind Provider to the terms and conditions of the Contract and related documents. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 7 of 8 28. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Provider shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 29. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 30. Provider certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 31. Provider expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Provider represents and warrants to the GLO that any technology provided to the GLO for purchase pursuant to this Contract is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: providing equivalent access for effective use by both visual and non-visual means; presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. 32. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Provider certifies its compliance DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 8 of 8 with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 33. Pursuant to Section 572.069 of the Texas Government Code, Provider certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Provider within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 34. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Provider shall report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO's Fraud Reporting hotline at(877) 888-0002. 35. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and Provider agrees that the Contract can be terminated if Provider knowingly or intentionally fails to comply with a requirement of that subchapter. 36. If Provider, in its performance of the Contract, has access to a state computer system or database, Provider must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Provider must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Provider must verify in writing to the GLO its completion of the cybersecurity training program. 37. Under Section 2155.0061, Texas Government Code, Provider certifies that the entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 1 of 5 Beach Watch Contract Work Plan Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with Corpus Christi- Nueces County Public Health District(Provider)to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue,water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P.O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Provider Project Manager is required to download and read the document and return the signature page(Appendix D of the QAPP)to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP,the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com or accessed directly at http://cgis.glo.texas.gov/Beachwatch/docs/QAPP2020-2021.pdf. II. SAMPLING STATIONS AND SCHEDULE All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, Provider shall collect samples for Aransas County, Nueces County, and San Patricio County over 38 sampling weeks a year. Sampling Depth. Provider must sample at a depth of approximately two feet (-2 ft.). The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet, in which case Provider may collect samples at the location of greatest swimmer activity;or • The two-foot sampling depth occurs more than 50 meters from shore, measured from the approximate water line at the time of sampling, in which case Provider may collect samples at 50 meters from shore or at the location of greatest swimmer activity. Sampling Schedule. Exhibit 1 lists the weeks when sampling must be conducted. Provider must collect samples on Mondays or Tuesdays. If Provider cannot collect samples on a Monday or Tuesday, Provider DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 2 of 5 may collect samples on a Wednesday. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period, upon prior written approval from the Beach Watch Coordinator. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-$-D-Glucoside Agar (mEl) July 2006 (http://www.epa.gov/waterscience/methods/method/biological/1600.pdf) or the IDEXX EnterolertT"^ system. The entity performing laboratory testing shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract,the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail)for the laboratory, if separate from the Provider. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer • Sample bottles—The bacteriological samples will be collected in polypropylene bottles with a capacity between 125 and 1000 milliliters (ml) to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice packs to keep samples cool • Waterproof adhesive labels for sample bottles • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator, with the invoice reimbursement request. Sample Collection Training. Provider shall ensure trained individuals perform the collection of samples. Within 15 days after Contract execution, Provider must submit a brief description of the training of the individuals to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the QAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 3 of 5 Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment:Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required, or on the bottle label and on a field log sheet. 2. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 3. The first sample to be prepared is the trip blank(at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 4. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 5. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 6. Remove the bottle from the water body. 7. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 8. Tightly close the stopper and label the bottle. 9. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 4 of 5 than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name • Sample letters and station number as identified in Appendix C of the LAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, Provider must deliver the samples to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice packs may be added during the course of the sampling day. Sampling Documentation. Provider must complete a FOF for each station. Multiple stations may be included on a single FOF if all the data is the same. Provider must supply a copy of each completed FOF to the designated laboratory (if different than the Provider). The Provider shall retain all FOFs. Provider must submitted data from the FOFs electronically,once a month, in a spreadsheet format supplied by the Beach Watch Coordinator,with the invoice reimbursement request. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(e.g., sargassum, dead fish,flood debris) • Debris on beach (e.g., sargassum, algae,flood debris,trash,tar balls) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the LAPP for QA/QC purposes,the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 5 of 5 Public Advisory. If the Provider is a local government,the Provider must issue a public advisory and post advisory signs. If Provider fails to post advisory signs, in the GLO may immediately terminate the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. VI. DATA ENTERY The Provider must submit sampling results through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm). Data must be entered into the website within two hours of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances occur that preclude entering the data within two hours,the Provider shall notify the Beach Watch Coordinator by any means possible. VII. SPECIAL CONDITIONS 1. This project must be completed as described in this work plan. 2. The GLO must approve any changes in the scope of work and budget requests that change the total project cost. 3. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 4. The Provider must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in media related communications for this Project. Docu�. ms;CURRb Certificate Of Completion Envelope Id: FF912AE8BCAF4C8EB21BA1AD084A4F55 Status: Completed Subject: RUSH$0 Work Order Based Contract:21-043-001 Corpus Christi-Nueces County Health District(TGLO) Source Envelope: Document Pages:40 Signatures:4 Envelope Originator: Certificate Pages:4 Initials: 7 Lance White AutoNav: Enabled 1700 Congress Ave Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone: (UTC-06:00)Central Time(US&Canada) Iance.white@glo.texas.gov IP Address:72.133.103.179 Record Tracking Status: Original Holder: Lance White Location: DocuSign 8/28/2020 12:36:50 PM Iance.white@glo.texas.gov Signer Events Signature Timestamp Ben Bellomy ED Sent:8/28/2020 12:52:02 PM ben.bellomy@glo.texas.gov Viewed:8/28/2020 1:58:30 PM Attorney Signed:8/28/2020 9:24:18 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 72.48.99.184 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lucy Flores �DS Sent:8/28/2020 9:24:22 PM Iucy.flores@glo.texas.gov Viewed:8/28/2020 11:22:34 PM Texas General Land Office Signed:8/31/2020 9:14:10 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address:66.68.62.68 Electronic Record and Signature Disclosure: Not Offered via DocuSign Angela Sunley ��°S Sent:8/31/2020 9:14:14 AM angela.sunley@glo.texas.gov Viewed:8/31/20202:28:57 PM Texas General Land Office Signed:8/31/2020 2:29:06 PM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 107.77.231.139 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Melissa Porter S Sent:8/31/2020 2:29:10 PM melissa.porter@glo.texas.gov Viewed:8/31/20202:55:59 PM Texas General Land Office Signed:8/31/2020 2:56:17 PM Security Level: Email,Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 104.59.203.99 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp David Green DS Sent:8/31/2020 2:56:22 PM david.green@glo.texas.gov Viewed: 8/31/2020 3:22:31 PM Legal Services Signed:8/31/2020 3:22:57 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Uploaded Signature Image (None) Using IP Address: 172.1.77.55 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc BarenblatSent:8/31/2020 3:23:01 PM HSI, marc.barenblat@glo.texas.gov Viewed: 8/31/2020 3:35:41 PM Deputy General Counsel Signed:8/31/2020 3:40:14 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 104.15.130.4 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff GordonSent:8/31/2020 3:40:18 PM E"s jeff.gordon@glo.texas.gov Viewed: 8/31/2020 3:41:27 PM General Counsel Signed:8/31/2020 3:41:36 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 174.197.18.215 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens Docusignedby: Sent:8/31/2020 3:41:40 PM mark.havens@glo.texas.gov Viewed: 8/31/2020 8:16:44 PM Chief Clerk and Deputy Land Commissioner ozeeFas"E"g' Signed:8/31/2020 8:16:53 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 162.193.135.244 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriguez ED—S,gnedbySent:8/31/2020 8:16:57 PM annetter@cctexas.com ^^e'I�F� F-.(K �z Viewed: 9/8/2020 12:26:45 PM Health Director 'F°9o9Z,42CEa,a_ Signed: 10/9/2020 5:02:02 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:24.155.142.154 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp CMD Drafting Requests �� Sent:8/28/2020 12:52:02 PM draftingrequests@GLO.TEXAS.GOV Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride Sent:8/28/2020 12:52:02 PM kelly.mcbride@glo.texas.gov ED Director of Contract Management Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Lawley Sent:8/28/2020 12:52:03 PM Mark.Lawley@glo.texas.gov ED Compliance Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chelsa CastillejaCOPIED E Sent:8/28/2020 12:52:03 PM Chelsa.Castilleja@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Pinchback � Sent:8/28/2020 9:24:22 PM jason.pinchback@glo.texas.gov ED Viewed: 8/29/2020 6:41:41 AM Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andrea Walmus � Sent:8/28/2020 9:24:22 PM Andrea.WaImus@glo.texas.gov ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janette Gibreal � Sent:8/31/2020 2:29:10 PM janette.gibreal@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gloria Maynard E Sent:8/31/2020 2:56:22 PM gloria.maynard@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Crenshaw E Sent:8/31/2020 3:40:18 PM stephanie.crenshaw@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB �� Sent: 10/9/2020 5:02:10 PM HUB@glo.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Shirley de la Cruz Sent: 10/9/2020 5:02:15 PM Shirley.De LaCruz@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angie Williams Sent: 10/9/2020 5:02:19 PM Angie.Williams@glo.texas.gov ED Interim Director, Budget and Planning Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/9/2020 5:02:19 PM Certified Delivered Security Checked 10/9/2020 5:02:19 PM Signing Complete Security Checked 10/9/2020 5:02:19 PM Completed Security Checked 10/9/2020 5:02:19 PM Payment Events Status Timestamps Two Reading Ordinance Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. for the period September 1 , 2020, through August 31 , 2025. City Council August 22, 2023 Background and Staff Recommendation • General Land Office (GLO) Texas Beach Watch (TBW) Grant o To be used for collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP. Provider shall perform project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. o Contract shall be effective as of the earlier of September 1, 2020, and shall terminate on August 31, 2025. City Council August 22, 2023 Background and Staff Recommendation o Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. 0 o Fiscal impact- No fiscal impact for FY2023. o All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council August 22, 2023 SC G� O'k F AGENDA MEMORANDUM NoAPoapYEPublic Hearing and First Reading for the City Council Meeting of August 22, 2023 1852 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for properties at or near 15821 South Padre Island Drive (Park Road 22) CAPTION: Zoning Case No. 0623-02, Ron & Vanessa, LLC III and TRR Development LLC (District 4). Ordinance rezoning properties at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Palmira Ave. from the CR-2/10 Resort Commercial District with the Island Overlay to the CR-2/10/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: The purpose of this item is to rezone the properties to allow for the development of a townhome community with associated and shared amenities. BACKGROUND AND FINDINGS: The subject properties are a total of 1 .08 acres in size. To the north, uses are commercial and vacant zoned "CR-2/10" Resort Commercial with the Island Overlay. To the south, uses are vacant, zoned "CR-2/10" Resort Commercial with the Island Overlay. To the east, there are park uses zoned "FR" Farm Rural District. To the west, uses are low-density residential, zoned "RS-6" Single-Family 6 District. The "CR-2" Resort Commercial District permits commercial parking, indoor and outdoor recreation, office uses, overnight accommodations, restaurants, retail sales, auto rental, water-oriented uses, multifamily dwellings, community service uses, educational facilities, government facilities, medical facilities, and places of worship. The proposed rezoning is inconsistent with the Future Land Use Map but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: 28 within the 200-foot notification area, 5 outside the notification area. As of July 10, 2023.- In 023:In Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area A total of 1.2% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "CR-2/I0" Resort Commercial District with the Island Overlay to the "CR-2/I0/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development on June 14, 2023. Vote Results For: 8 Against: 0 Absent: 1 ALTERNATIVES: Denial of the change of zoning from the "CR-2/I0" Resort Commercial District with the Island Overlay to the "CR-2/I0/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0623-02, Ron & Vanessa, LLC III and TRR Development LLC (District 4). Ordinance rezoning properties at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Palmira Ave from the CR-2/10 Resort Commercial District with the Island Overlay to the CR-2/10/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject properties being Lots 6A, 6137 7A, and 7B, Block 17, Padre Island No. 1, as described/shown in Exhibit "A": the CR-2/10 Resort Commercial with the Island Overlay to the CR- 2/10/PUD Resort Commercial with the Island Overlay and a Planned Unit Development. The subject properties is located at or near 15821,15826 South Padre Island Drive and 15822, 15826 Palmira Ave. Exhibit A, a map is attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the Flamingo Planned Unit Development (PUD) Guidelines and Master Site Plan, which is Exhibit B, and to the satisfaction of the Technical Review Committee (TRC). The PUD shall follow all right-of-way sections as designed. 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 3 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 Page 3 of 3 =o F�cA/V R - 6 SUBJECT PROPERTY Q� CR - 2 o� �s Q A�MF �Aq�F F R CASE: 0623-02 N SUBJECT PROPERTY WITH ZONING WE ® S Subject Property A-1 Apartment House District -1 Limited Industrial District A-1A Apartment House District -2 Light Industrial District A-2 Apartment House District 1-3 Heavy Industrial District AS Professional Office District PUD Planned Unit Development AT Apartment-Tourist DistrictR-1A One Family Dwelling District SUBJECT\ B-1 Neighborhood Business District R-1B One Family Dwelling District PROPERTY B-1A Neighborhood Business District R-1C One Family Dwelling District B-2 Bayfront Business District R-2 Multiple Dwelling District B-2A Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District B-4 General Business District R-TH Townhouse Dwelling District B-5 Primary Business District SP Special Permit B-6 Primary Business Core District T-1A Travel Trailer Park District BD Corpus Christi Beach Design Dist. T-1 B Manufactured Home Park District [Ch Of F-R Farm Rural District T-1C Manufactured Home Subdivision r U Esri, HERE LOCATION MAP HC Historical-Cultural Landmark District lstl Preservation Flamingo Resort Bungalows, P.U . D. Owners/Developers TRR Development, LLC and Ron and Vanessa, LLC III Submitted by Urban Engineering June 21, 2023 URBAN r+rewu ENGINEERING Y"tVt TBPELS FIRM NUMBERS: ENGINEERING 145 1 SURVEYING 10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Flamingo Resort Bungalows, P.U . D. Corpus Christi, Texas Development Description: The developer is proposing re-platting 4 existing lots into 10 Lots. The development will consist of an existing single-family residence and 8 new detached townhome units. A re-plat of the property will encompass Lots 6A, 613, 7A and 7C, Block 17, Padre Island No. 1. The proposed townhome lots will each have direct access to Palmira Drive and South Padre Island Drive via a private access road, and will complement existing developments in the area. Location Map: If Site c 0 o Ccurty of Nueces '`City of Corpus `Christi Location Map: 1"=600' Townhome Development Standards per City of Corpus Christi Unified Development Code Townhome Minimum Units—Two (Attached) Minimum Lot Area—2,600sf Minimum Lot Width—26' Minimum Street Yard—10' Minimum Side Yard—0' Minimum Rear Yard—5' Minimum building separation—10' Minimum Open Space—30% Maximum Height—45' Required Parking: -2 per unit Curb Type—6" Curb and Gutter Sidewalks—5' (Existing Streets—no sidewalks) Paved Street Width—(Palmira Avenue C1 Collector—60'R.O.W./40'B-B Pavement) (South Padre Island Drive (Park Road 22) A2 Arterial - 100'R.O.W./54'B-B Pavement) PUD Requirements Townhome Minimum Units—One (Detached) Minimum Lot Area—2,600sf Minimum Lot Width—30' (Greater than what is currently allowed) Minimum Street Yard—20' (along Palmira) and 0' (Private Access Easement) Minimum Side Yard—3.5' (subject to building separation requirements) Minimum Rear Yard—5' Minimum building separation—7.0' (subject to building separation requirements) Minimum Open Space—30% Maximum Height—None Required Parking: -2 per unit (at least 3 provided per Townhome), existing parking for existing single- family residence. Curb Type—Private Drive via Private Access Easement (no Curb/Gutter) Sidewalks—5' Wide Sidewalk along North side of 25' wide private access easement. 5' Sidewalk will be provided along Palmira Avenue. No sidewalk will be provided along South Padre Island Drive (Park Road 22) Paved Street Width—(Palmira Avenue—Existing Pavement), (South Padre Island Drive (Park Road 22)— Existing Pavement), (Private Access Easement—A minimum 20-foot street section for tenant and emergency vehicle access shall be maintained. ) Lot 1, Block 1 CR-2 Development Standards (Residential) per City of Corpus Christi Unified Development Code Minimum Lot Area—6,000sf Minimum Lot Width—50' Minimum Street Yard—20' Minimum Side Yard—10' (single) 20' (Total) Minimum Rear Yard—10' Minimum building separation—10' Minimum Open Space—25% Maximum Height—See Section 4.2.8.0 of the Unified Development Code Required Parking: -2 per unit Curb Type—4" Roll Curb and Gutter(Existing) Sidewalks—5' (Existing Streets—no sidewalks) Paved Street Width—(Palmira Avenue C1 Collector—60'R.O.W./40'B-B Pavement) (South Padre Island Drive (Park Road 22) A2 Arterial - 100'R.O.W./54'B-B Pavement) PUD Requirements Minimum Lot Area—2,600sf Minimum Lot Width—30' Minimum Street Yard—20' (along Palmira) and 0' (Private Access Easement) Minimum Side Yard—3.5' (subject to building separation requirements) Minimum Rear Yard—0' Minimum building separation—7.0' (subject to building separation requirements) Minimum Open Space—25% Maximum Height—Existing Building Required Parking: -2 per unit Curb Type—4" Roll Curb and Gutter(Existing) Sidewalks—5' Wide Sidewalk along North side of 25' wide private access easement. 5' Sidewalk will be provided along Palmira Avenue. No sidewalk will be provided along South Padre Island Drive (Park Road 22) Paved Street Width—(Palmira Avenue—Existing Pavement), (South Padre Island Drive (Park Road 22)— Existing Pavement), (Private Access Easement—Pavement/20' Wide) NOTE: Lot 1 shall be allowed to be re-platted without a PUD amendment, in order to create no more than one additional lot that meets the same requirement as Lots 3 through 10, Block 1, as set forth in this PUD document. Lot 1 shall allow for single family use and/or a community center. If the use changes to include a community center, required parking will need to be met. Any change in use, other than what has been specified in this document, may require a PUD amendment. Development Guidelines For Lots 3 through 10, Block 1 Use—Townhome Lot Area— Minimum 2,600sf Lot Width—30' Yard Requirements: Street: 0' (Private Access Easement) Street corner: N/A Side Yard: 3.5' (subject to building separation requirements) Maximum building Height: None Minimum Building Spacing: 7.0' (subject to building separation requirements) Parking Requirement Per Unit: 2 per Maintenance: Lot Owner (not including sidewalks) and Homeowner's Association (sidewalk/offsite parking spaces) Allowed Improvements: Residential structures, support structures including decks, porches, sidewalks, pavement, fencing, landscaping, swimming pools, storage rooms, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed, specific language will be described in HOA document Development Guidelines For Lot 1, Block 1 Use—Single-Family Residence/Community Center Lot Area— Minimum 2,600sf Lot Width—30' Yard Requirements: Street: 20' (along Palmira) and 0' (Private Access Easement) Street corner: N/A Side Yard: 3.5' (subject to building separation requirements) Maximum building Height: None Minimum Building Spacing: 7.0' (subject to building separation requirements) Parking Requirement Per Unit: 2 per unit Maintenance: Lot Owner (not including sidewalks) and Homeowner's Association (sidewalk/offsite parking spaces) Allowed Improvements: Residential structures, support structures including decks, porches, sidewalks, pavement, fencing, landscaping, swimming pools, storage rooms, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed, specific language will be described in HOA document Development Guidelines For Lot 2, Block 1 (Common Lot) Use— Private Access, drainage, retention Ponds, utilities, Non-residential Structures (i.e. benches, barbeque pits, shade structures, etc.) for enjoyment and benefit of Flamingo Resort Bungalows, P.U.D. Community. Retention areas will also be used as a community amenity. Retention area edges will have enhanced landscaping. Pedestrian seating and barbeque pits will be installed along edges. Private Access Road area contains approximately 9,000 square feet Retention Pond Areas (combined) contain approximately 2,325 square feet Lot Area— N/A Lot Width— N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Homeowner's Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, benches, barbeque pits, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Private access road shall have an entrance on South Padre Island Drive (Park Road 22) in addition to a Palmira Avenue entrance, and shall be evidenced by TxDOT permit. Lot Layout for Flamingo Resort Bungalows,P.U.D. AGE" PLAT BOUNDARY 0 5/6 INCH IRON ROD WITIH RED BEING A RE-PLAT OF LOTS 6A, 68, 7A AND 78, PLASTIC CAP STAMPED BLOCK 17, PADRE ISLAND NO. 1, A MAP OF WHICH ROAD CENTERLINE "URBAN ENGR CCTX"SET IS RECORDED IN VOLUME 13, PAGES 1 THROUGH 8 ADJACENT LOT LINE 5/B INCH IRON ROD IMTH / AND 17, MAP RECORDS OF NUECES COUNTY, TEXAS. - - RED PLASTIC CAP STAMPED YARD REWIRWENT "URBAN ENGR CCTX"FOUND EASEMENT • 5/8 INCH IRON ROD Y.R. YARD REWIRWENT O 1 INCH IRON PIPE FOUND B.L. BUILDING UNE PLANNED UNIT DEVELOPMENT <0, U.E. UTILITY EASEMENT BOUNDARY VOL. VOLUME ® COMMON AREA PG. PAGE RESIDENTIAL LOT M.R.N.C.T. MPP RECORDS OF NUECES COUNTY,TEXAS D.R.N.C.T. U RECORDS OF NUECES CO counrv.TEXAS Xf pZ"apt 6 L / O _ a oIPPt b/v @R° "rr,' / N S a o `cso 8,N @ e a S 1. THE ENTIRE PROPERTY LIES WITHIN ME CITY OMITS OF THE CITY OF / CORPUS CHRISTI. 'b'- s d 2. THE TOTAL AREA TO BE PLATTED CONTAINS 1.033 ACRES OF LAND , ",R'Neyaa INCLUDING ANY DEDICATION. 3. THE YARD REQUIREMENT,AS DEPICTED ON THE PIAT, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE(UDC)AND IS SUBJECT TO CHANGE RhHy cqo,,q,L AS ME ZONING MAY CHANGE. n, 4. 5/8 INCH IRON ROD WITH RED PLASTIC CAP STAMPED "URBAN ENGR CCTX"SET AT ALL LOT CORNERS,UNLESS OTHERWISE NOTED. / aaq 5. GRID BEARINGS AND DISTANCES SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983,TEXAS SOUTH ZONE 4205, ARE BASED ON THE NORTH AMERICAN DATUM OF 1983(2011)EPOCH 2010.10.00. 6. THE RECEMNG WATER FOR THE STORM WATER RUNOFF FROM THIS / PROPERTY IS THE LAGUNA MADRE. RHE TCEQ HAS CLASSIFIED THE / AQUATIC LIFE USE FOR LAGUNA MADRE AS"EXCEPTIONAL"AND "OYSTER WATERS TCEQ ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION"USE. 7. GRAPHIC PLOTTING ONLY,THIS PROPERTY IS CURRENTLY ZONE"AE (E / (EL 10)"OF THE FLOOD INSURANCE RATE MAP(FIRM),COMMUU NITY PANEL NUMBER 4B355C0NUECES COUNTY, TEXAS, WHICH BEARS AN EFFECTIVE DATE OCTOBER 13, 2023 qIN A SPECIAL FLOOD HAZARD AREA. THEE F FIRM PANEL 48}55C0755G 5G IS BASED ON THE NORTH AMERICAN VERTICAL DAVM OF 1988(NAVD88). 8. CURRENT ZONING IS CR-2.EXISTING USE IS SINGLE FAMILY RESIDENT AND uan-�40Po VACANT LAND. R.A.I:fi/1 2023 9. A MINIMUM 20-FOOT STREET SECTION FOR TENANT AND EMERGENCY ■■�p��� SCALE ea: 4 26/2023 VEHICLE ACCESS SHALL BE MAINTAINED. s /7rr�� SCALE: ENGINEERING Yv1� JOB NO.: 43605.03.00 SHEET: 1 of 1 DRAWN BY: XG r 12021 Ey tgi.e I Master Site Plan for Flamingo Resort Bungalows,P.U.D. AGE" PLAT BOUNDARY 0 5/6 INCH IRON ROD W M REO BEING A RE—PLAT OF LOTS 6A, 68, 7A AND 78, PLASTIC CAP STAMPED BLOCK 17, PADRE ISLAND NO. 1, A MAP OF WHICH ROAD CENTERLINE "URBAN ENGR CCTX"SET IS RECORDED IN VOLUME 13, PAGES 1 THROUGH 8 ADJACENT LOT LINE 5/B INCH IRON ROD N1M / AND 17, MAP RECORDS OF NUECES COUNTY, TEXAS. — — REO PLASTIC CAP STAMPED YARD REWIRWENT "URBAN ENGR CCTX"FOUND EASEMENT • 5/8 INCH IRON ROD Y.R. YARD REWIRWENT O 1 INCH IRON PIPE FOUND B.L. BUILDING UNE PLANNED UNIT DEVELOPMENT U.E. UTILITY EASE"ENT BOUNDARY VOL. VOLUME PROPOSED SOEWALK PG. PAGE PROPOSED PARKING D BUILDING FOOTPRINT M.R.N.C.i. MPP RECORDS OF NUECES PROPOSED BU COUNTY,TEXAS D POOL D.R.N.C.T. DEED RECORDS OF NUECES COUNTY,TEXAS � PROPOSED TRAFFIC FLOW h /OSB>y'til® / t 1. THE ENTIRE PROPERTY LIES WITHIN THE CITY OMITS OF THE CITY OF / r CORPUS CHRISTI. 2. THE TOTAL AREA TO BE PLATTED CONTAINS 1.033 ACRES OF LAND INCLUDING ANY DEDICATION. Y 4 Q 3. THE YARD REQUIREMENT,AS DEPICTED ON THE PIAT, ISA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE(UDC)AND IS SUBJECT TO CHANGE AS RHE ZONING MAY CHANGE. R H cqa q4, °°e X23 4. 5/8 INCH IRON ROD WITH RED PLASTIC CAP STAMPED "URBAN ENGR CCTX"SET AT ALL LOT CORNERS,UNLESS OTHERWISE NOTED. 5. GRID BEARINGS AND DISTANCES SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983,TEXAS SOUTH ZONE 4205,AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983(2011)EPOCH 2010.00. 6. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS / PROPERTY IS THE LAGUNA MADRE. RHE TCEQ HAS CLASSIFIED THE / AQUATIC LIFE USE FOR LAGUNA MADRE AS"EXCEPTIONAL"AND "OYSTER WATERS TCEQ ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION"USE. 7. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS CURRENTLY IN ZONE"AE (EL 10)"OF THE FLOOD INSURANCE RATE MAP(FIRM),COMMUNITY PANEL / NUMBER 48355C0755G. NUECES COUNTY, TEXAS, WHICH BEARS AN EFFECTIVE DATE OF OCTOBER 13, 2023 AND IS IN A SPECIAL FLOOD HAZARD AREA. THE FIRM PANEL 48355CO755G IS BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD88). 8. CURRENT ZONING IS CR-2.EXISTING USE IS SINGLE FAMILY RESIDENT AND VACANT LAND. R.A.s d:6/22023 9. LOTS 3 THROUGH 10, BLOCK I WILL EACH HAVE AT LEAST 3 PARKING SuhmiLL 11 4 26/2023 SPACES AT GROUND LEVEL BELOW THE BUILDINGS. VR�N /7rr�I SCALE: I'=40' ENGINEERING Yv1� JOB NO.: 43605.03.00 10.A MINIMUM 20—FOOT STREET SECTION FOR TENANT AND EMERGENCY SHEET: 1 Gf 1 VEHICLE ACCESS SHALL BE MAINTAINED. r DRAWN BY: XG 02021 by Enginering ZONING REPORT Case # 0623-02 Applicant & Subject Property City Council District: 4. Owner: Ron and Vanessa LLC, III, TRR Development, LLC. Applicant: Ron and Vanessa LLC, III, TRR Development, LLC. Address: 15821,15825 South Padre Island Drive (Park Road 22) and 15822, 15826 Palmira Drive, located along the west side of South Padre Island Drive (SH 358) and east side of Palmira Avenue, and south of Encantada Avenue. Legal Description: Lots 6A, 6B, 7A, and 7B, Block 17, Padre Island No.1. Acreage of Subject Property: 1.03 acres. Pre-Submission Meeting: March 24, 2023. Zoning Request From: "CR-2/10" Resort Commercial District with the Island Overlay. To: "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. Purpose of Request: To allow for the development of townhome units. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CR-2/10" Resort Vacant, Low-Density Medium-Density Residential, Commercial / Island Overlay Residential Commercial North "CR-2/10" Resort Vacant, Commercial Commercial Commercial / Island Overlay South "CR-2/10" Resort Vacant Commercial Commercial / Island Overlay East Freeway Freeway Freeway West "RS-6" Single-Family 6 Low-Density Residential Medium-Density Residential Plat Status: Currently platted, however an Application for Land Subdivision has been submitted to reflect this rezoning request and is in process. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Street S. Padre Island Drive A2 — Secondary 4 Lanes, 4 Lanes, (Park Road 22) Arterial (Divided) 100 feet 125 feet Palmira Avenue C1 — Minor 2 Lanes, 2 Lanes, Residential Collector 60 feet 30 feet Zoning Report Page 2 Transit: The Corpus Christi RTA provides service to the subject property 1 mile to the north via Route 65 Island Connection. Bicycle Mobility Plan: A bike boulevard is planned on Palmira Avenue and a One-Way Cycle track is planned on both sides of Encantada Avenue, approximately 1/8 of a mile to the north of the subject property. Utilities Gas: A 2" WS line along the east side of the subject property and a 6" WS line along Palmira Avenue. Stormwater: A storm ditch runs along the east side of the subject property. Wastewater: An 8" VCP line along Palmira Avenue. Water: A 12" ACP line to the north of the property along S. Padre Island Drive and a 12" ACP line also along Palmira Avenue. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Padre-Mustang Island Area Development Plan (Adopted on June 22, 2021). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: Improvements have been proposed, specifically an 8" PVC pipe along the west side of S. Padre Island Drive (Park Road 22). Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 28 within a 200-foot notification area • 5 outside 200-foot notification area In Opposition . 1 inside the notification area • 0 inside the notification area • 1.2% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: June 14, 2023 (Tabled) Planning Commission Hearing Date: June 28, 2023 City Council 1St Reading/Public Hearing Date: August 22, 2023 City Council 2nd Reading Date: August 29, 2023 Zoning Report Page 3 Development Plan The subject property is 1.08 acres in size. The proposed use is a development to include the existing single-family home and/or a community center and eight (8) proposed detached townhomes to create a townhome community. Each proposed townhome will have direct access to Palm ira Avenue and South Padre Island Drive via a private access easement. The table below compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "CR-2/10" Resort Commercial District with the Island Overlay. Lot 1 Proposed Use: Existing Single-Family Home and/or a Community Center. Development UDC Requirements Proposed PUD Standards "CR-2" District Standards Deviation Minimum Lot 6,000 sq/ft 2,600 sq/ft YES Area Minimum Lot 50' 30' YES Width Minimum Building 10' 71* YES Separation Minimum Side 10' Single, 20' (Total) 3.5'* Yard Minimum Rear 10' 0' Yard Sidewalks — 5' wide sidewalk along Palmira Drive, no sidewalk along South Padre Island Drive Park Road 22 NOTE: Lot 1 shall be allowed to be re-platted without a PUD amendment, to create no more than one additional lot that meets the same requirement as Lots 3 through 10, Block 1, as set forth in this PUD document. Lot 1 shall allow for single-family use and/or a community center. If the land use changes to include a community center, required parking will need to be met. Any change in use, other than what has been specified in this document, may require a PUD amendment. *Subject to Building Separation Requirements. Lot 2 Proposed Use: Private Access Road and drainage utilities. Retention areas to serve as community amenities and will be landscaped with trees and include seating, barbeque pits, shade structures, decks, porches, swimming pools, gazebos, etc. for the enjoyment and benefit of Flamingo Resort Bungalows, P.U.D. Community. Development UDC Requirements Proposed PUD Standards "RS-TH" District Standards Deviation Private Access Road — Minimum Lot 2,600 sq/ft 9,000 sq/ft, Retention Area Pond Areas (combined) — 2,325 sq/ft. Minimum Lot 50' None Width Zoning Report Page 4 Minimum 10' 0' Street Yard Maximum 45' None Building Height Parking 2 0' (N/A) Requirement Private access road shall be maintained and have a minimum 20' street section for tenant and emergency vehicle access. Private access road shall have an entrance on South Padre Island Drive (Park Road 22) in addition to a Palmira Avenue entrance and shall be evidenced by a TxDOT permit. The placement of improvements will be within the limits of individual lots and setbacks and outside of easements except for fences, paving, and landscaping. Lots 3-10 Proposed Use: Eight (8) One-Unit, Detached Townhomes with garage/storage on the first floor. Development UDC Requirements Proposed PUD Deviation Standards "RS-TH" District Standards Townhomes are defined Description of as two or more attached Townhomes single-family units where Individual, detached (Table 4.4.4) the units are lined up in a townhouse units (8) row and have abutting side walls. Minimum Lot 50' 30' Width Minimum Yard Street Yard — 10' Street Yard — 0' (Private Requirements Side Yard — 5' Access Easement" Side Yard — 3.5'* Minimum Building 10' 71* Separation Maximum 45' None Building Height Allowed Improvements: Residential structures, support structures including decks, porches, sidewalks, pavement, fencing, and landscaping. Short-Term Rentals: Will be allowed, specific language will be described in the HOA document. Subject to building Separation Requirements Zoning Report Page 5 Department Comments: As part of the rezoning process, all proposed Planned Unit Developments (PUDs) are reviewed by the Technical Review Committee (TRC). The TRC meeting took place on May 8, 2023 (See Attachment C). Review Criteria for PUD Zoning Map Amendments §3.5.4.A: 1. Plat —Approved conditionally on June 14, 2023. 2. PUD Application: §3.5.1- Applicability and Limitations: A planned unit development may be used to permit new or innovative concepts in land utilization, master-planned communities, or mixed-use developments that other zoning districts do not easily accommodate. The PUD meets this criterion. 3. PUD Application: §3.5.4.A.1- Review Criteria: The development is in harmony with the character of the surrounding area. The PUD meets this criterion. 4. PUD Application: §3.5.4.A.2 - Review Criteria: The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. The PUD meets this criterion as this PUD will create shared community amenities. 5. PUD Application: §3.5.4.A.3 - Review Criteria: The development contains a variety of housing types, employment opportunities, or commercial services to achieve a balanced community. The PUD meets this criterion. 6. PUD Application: §3.5.4.A.4 - Review Criteria: The orderly and creative arrangement of all land uses with respect to each other and to the entire community. The PUD meets this criterion as the request Includes community amenities and townhome development. 7. PUD Application: §3.5.4.A.5 Review Criteria: The development contains a planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, including facilities such as roadways, bicycle ways, and pedestrian walkways. The PUD meets this criterion with a proposed ingress on South Padre Island Drive (Park Road 22) and egress via Palmira Avenue, and a sidewalk along the private access road and Palmira Avenue. 8. PUD Application: §3.5.4.6.3 The Master Site Plan provides cultural or recreational facilities. The PUD meets this criterion proposed with various amenities proposed to include, but are not limited to pedestrian seating, barbeque pits, gazebos, porches, and swimming pools. 9. PUD Application — Master Site Plan: §3.5.4.6.4: The site and building layout take maximum advantage of the natural and built environment. The PUD meets this criterion as the arrangement maximizes density. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. Zoning Report Page 6 o Transportation and Mobility ■ Support a multi-modal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths. ■ Support the development of mode-choice corridors for bicycles, o Future Land Use, Zoning, and Urban Design ■ Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Future Land Use Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Medium-Density Residential, Commercial ■ Medium-Density Residential: Approximately Y4 acre along Palmira Avenue ■ Commercial: Approximately 3/ acre from S. Padre Island Drive to Palmira Avenue • Area Development Plan (Padre/Mustang Island): The proposed rezoning is partially consistent with the following: o Future Land Use: Commercial: The Padre/Mustang Island ADP states that commercial uses such as retail, services, hotel, and offices are considered compatible with high-density residential uses such as townhomes, cottage housing, and condominiums. Staff Analysis: According to the Unified Development Code (UDC) §3.5.1, a planned unit development may (PUD) be used to permit new or innovative concepts in land utilization, master-planned communities, or mixed-use developments that other zoning districts do not easily accommodate. to occur, procedures are established to ensure against misuse of increased flexibility. The proposed PUD does not meet the spirit of a PUD. After staff review, the PUD Application meets the following review criteria for the Master Site Plan §3.5.4.6: 1. The Master Site Plan ensures the provision of adequate public improvements, including but limited to transportation, utilities, stormwater, parks, and other facilities. (See TRC Comments Attachment C) 2. The Master Site Plan ensures minimal development-related off-site impacts. 3. The Master Site Plan provides cultural or recreational facilities. 4. The site and building layout take maximum advantage of the natural and built environment. Staff compared the proposed PUD's consistency with the applicable elements of the Zoning Map Amendment Review Criteria, the Master Site Plan Review Criteria, and elements of the comprehensive plan. As a result of the above analysis, staff notes the following: Zoning Report Page 7 • The proposed PUD meets the applicability criteria and the review criteria for PUDs as defined by the UDC. • The proposed PUD is primarily inconsistent with the Future Land Use Map as the subject property is both medium-density residential (25%) and commercial (75%). • The proposed rezoning is consistent with only a few individual elements of the City of Corpus Christi Comprehensive Plan. • Technical Review Committee comments regarding sidewalks along Palmira Avenue have been adequately addressed. • The proposed PUD meets the fundamental review criteria for both the zoning map amendment and the master site plan such as being in conformity with the comprehensive plan, providing cultural or recreational amenities, providing innovative use of land concepts, or a variety of housing types. Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission & Staff Recommendation: Approval of the change of zoning from the "CR-2/10" Resort Commercial 2 District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. Attachments: A. Existing Zoning and Notice Area Map B. Flamingo Resort Bungalows, P.U.D. C. Technical Review Committee Comments D. Returned Notice Zoning Report Page 8 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA A 8 15 5 17 4 _8 14 R'S- 6 _ V _ SUBJECT P ORERTY 16 rf ■ ■ 20 C" - 2 C2 .■ ■ 26 21 ■ 23 23 1 25 27 CASE: 0623-02 Zoning and notice Area x` F.N.' Nul:f mllllf� _yl"I11Juc:�lm 3V-: V__TalllI H H—,I-M-UW F.4J 11u1='aulllr PUO }Lllw�nl�6.r.6a.11.1f RS-16 Sllll.Fimiy 10 RN.;"Nul01m-1i1 kT31maw-F�kIY _rv-.., Lw A' RS iU Sftby FrWk 1.5 ty 1a11'Lva lr vl4_i��-w�41m FS-TF T..F.,My _R.1 i—I L._'+-11w-_.ml FMAS Ylfrll.-Fai7rlr 15 a R—1 Caf .,ul RE Rm. .ii.E.0 ..-AC—,..Jr R3TH T..w.�l—ml Luiwl of Cxrlllo..A 9P s— ,o 1111 $iJi9'.JFGf LI IuGrNw Cuuulo_il Rm.lsmur.al Vdlcm FJIr. �6� L•_w fi_rve-L_111-nrtW RMH M. PROPER JY CR-1 i--l:u-llw-_A FR Fm�lll.9sla � l H F= uimlW BP B nlO Pr'k ❑� 1,.5]qff 0. nw Zoning Case 0623-02 ' A Ron and Vanessa LLC, III & TRR Development, LLC DISTRICT 4 Rezoning for a properties at 15821, 15826 S. Padre Island Drive & 15822, 15826 Palmira Drive D 0o 0 From "CR-2/10" to "CR-2/10/PUD" PROPERLY 1 LOCATION MA I City Council August 8, 2023 Zoning and Land Use Proposed Use: To allow for the development of a townhome community development with associated, shared amenities. aQ Development Plan (1.08 acres): Proposed to include 1 existing, single-family home and/or a community center, and 8 detached townhomes. R -6 SUBJECT 0 PROPERTY Area Development Plan: o Padre/Mustang Island 0 Future Land Use Map: u ® Medium-Density Residential, Commercial o � Existing Zoning: "CR-2/10" Resort Commercial with the Island Overlay ,fR�Q�F o ® F.R Adjacent Land Uses: 0 o A' • North: Commercial and Vacant, Zoned "CR-2/10" N • South: Vacant,Zoned "CR-2/10" 1 East: Park Uses,Zoned "FR" • West: Low-Density Residential, Zoned "RS-6" PUD Development Plan • Background: Staff and the applicant had the opportunity to meet and discuss the unique challenges of the proposed PUD and worked together on proposed revisions. • The subject properties are a total of 1 .08 acres in size for a proposed townhouse community with shared amenities. • The existing single-family home will remain with the opportunity to be used as a community center in the future, or potentially replat and add a community center to Lot 1 . • The PUD proposes 8 individual, detached townhomes. • Each proposed townhome will have direct access to Palmira Avenue and South Padre Island Drive via a private access easement. Proposed Master Site Plan Mxsre�Site Plv�fog IS RE—DEO N 13 Pi-1 ROXH't =cw. PUD Lot 1 Lot 1 Proposed Use:Existing Single-Family Home and/or a Community Center. Development UDC Requirements Proposed PUD Deviation Standards "CR-2"District Standards Minimum Lot 6,000 sq/ft 2,600 sq/ft YES Area Minimum Lot 50' 30' YES Width — Minimum Building 10' 7" YES Separation Minimum Side 10'Single,20'(Total) 3.5" YES Yard Minimum Rear 10' 0' YES Yard Sidewalks–5'wide sidewalk along Palmira Drive,no sidewalk along South Padre Island Drive Park Road 22 NOTE:Lot 1 shall be allowed to be re-platted without a PUD amendment,to create no more than one additional lot that meets the same requirement as Lots 3 through 10,Block 1,as set forth in this PUD document.Lot 1 shall allow for single-family use and/or a community center.If the land use changes to include a community center, required parking will need to be met.Any change in use,other than what has been specified in this document, may require a PUD amendment. 'Subject to Building Separation Requirements. PUD Lot 2 Lot 2 Proposed Use:Private Access Road and drainage utilities.Retention areas to serve as community amenities and will be landscaped with trees and include seating, barbeque pits, shade structures,decks, porches,swimming pools,gazebos,etc.for the enjoyment and benefit of Flamingo Resort Bungalows, P.U.D.Community. Development UDC Requirements Proposed PUD Deviation Standards "RS-TH"District Standards Private Access Road— Minimum Lot 2,600 sq/ft 9,000 sq/ft, Retention YES Area Pond Areas(combined) —2,325 sq/ft. Minimum Lot 50' None YES Width Minimum 10' 0' YES Street Yard Maximum 45' None YES Building Height Parking 2 0'(N/A) YES Requirement Private access road shall be maintained and have a minimum 20'street section for tenant and emergency vehicle access. Private access road shall have an entrance on South Padre Island Drive(Park Road 22)in addition to a Palmira Avenue entrance and shall be evidenced by a TxDOT permit. The placement of improvements will be within the limits of individual lots and setbacks and outside of easements except for fences,paving,and landscaping. PUD Lots 3-10 Lots 3-10 Proposed Use!Eight(8)One-Unit,Detached Townhomes with garage/storage on the first floor. Development UDC Requirements Proposed PUD Deviation Standards "RS-TH"District Standards Townhomes are defined Description of as two or more attached Townhomes single-family units where Individual,detached YES (Table 4.4.4) the units are lined up in a townhouse units(8) row and have abutting side walls. Minimum Lot 50' 30' YES Width Minimum Yard Street Yard—10' Street Yard—0'(Private Requirements Side Yard—5' Access Easement" YES Side Yard—3.5'* Minimum Building 10' 7'* YES Separation Maximum 45' None YES Building Height Allowed Improvements:Residential structures,support structures including decks,porches, sidewalks,pavement,fencing,and landscaping. Short-Term Rentals:Will be allowed,specific language will be described in the HOA document. Subject to building Separation Requirements Public Notification 28 Notices mailed inside 200' buffer 5 Notice(s) mailed outside 200' buffer 8 `IIS 15 Notification Area 5 9 17 - 4 18 14 R -6 10 19 SVBJECT Opposed: 1 (1 .2%) 3 PROPERTY 16 1_ Separate Opposed Owners. 1 2 ° 20 0 12 G"R-2 22 � D 3 ° 24 0 In Favor: 0 (0.00%) 26 21 28 23 1 25 o Qq a R 27 "Notified property owner's land in SQF/Total square footage of all property in the notification area = N Percentage of public opposition. Staff Analysis And Recommendation • The proposed PUD meets the applicability criteria and the review criteria for PUDs as defined by the UDC. • The proposed PUD is partly consistent with the Future Land Use map as the subject property has both medium-density residential (-25%) AND commercial (-75%) uses planned. • TRC comments regarding sidewalks along Palmira Avenue have been adequately addressed. • The proposed PUD meets the fundamental review criteria for both the zoning map amendment and the master site plan such as being in conformity with the comprehensive plan, providing cultural or recreational amenities, providing innovative use of land concepts, or a variety of housing types. PLANNING COMMISSION & STAFF RECOMMENDATION (June 14, 2023): Approval of the change of zoning from the "CR-2/10" Resort Commercial 2 District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. Future Land Use Map °aqq Medium-Density us✓ecT Residential o PROPERTY [L„� o �u p o O ° Commercial a ° N f T "e. .. t M.,- l � �� SUBJECT PROPERTY 4 Th ,h w a � O� QQ- A�MF CASE: 0623-02 N WE Aerial View s Subject 12 Property 91 SUBJECT\ PROPERTY ■■►1■ City of Esri, HERE LCoh_ LOCATIOisti �yUS Com` H U AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of August 22, 2023 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 6302 Old Brownsville Road CAPTION: Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the R-MH Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). SUMMARY The purpose of this item is to rezone the property to allow for the development of a mobile home park. BACKGROUND AND FINDINGS: The subject property is 79.42 acres in size. To the north, uses are vacant and agricultural, zoned "FR" Farm Rural District and "IH" Heavy Industrial District. To the south, uses are vacant, agricultural, residential estate, low-density residential, and commercial, zoned "FR" Farm Rural, "RS-6" Single-Family 6 District, "CG-2" General Commercial District, and "IL" Light Industrial District. To the east, uses are agricultural and zoned "FR" Farm Rural District. To the west, uses are agricultural and low-density residential, zoned "RS-6" Single-Family 6 District. The "R-MH" Manufactured Home District is intended for single-family manufactured home parks and subdivisions. The proposed rezoning is inconsistent with the Future Land Use Map but consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed-18 within 200-foot notification area, 6 outside notification area As of August 18.- In 8.In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.0% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. Vote Results For: 8 Against: 0 Absent: 1 ALTERNATIVES: Denial of the change of zoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the "R-MH" Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 79.42 acres out of Tracts 3 and 4, Kelly Margaret, Land Assessors Map 149, as described in Exhibit "A" and shown in Exhibit "B".- From B":From the "FR" Farm Rural District to the "R-MH" Manufactured Home District. The subject property is located at or near 6302 Old Brownsville Road. Exhibit A, a metes and bounds description, and Exhibit "B", an associated map, are attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 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 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 6 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES EXHIBIT` Field notes of a 74.942 acre tract,for rezoning purpose only,being out of a 95.361 acre tract described in a deed recorded in Document No.2022054513,Official Records Nucces County, Texas,Said 95.361 acre tract being out of Tracts 3&4 of the"Margaret Kelly Land"as shown on the plat recorded in Volume 8,Page 40,Map Records Nucces County,Texas.Said 74.942 acre tract being more particularly described as follows: COMMENCING at a 5/8"re-bar found in the north right of way of Farm to Market 665(a.k.a. Old Brownsville Road),for the southeast comer of the Michael McDonough 14.89 acre tract described in a deed recorded in Document No.2004027432,Deed Records Nueces County, Texas,and for the southwest corner of said 95.361 acres tract,from WHENCE a bent 5/8"re- bar found in the north right of way of Farm to Market 665,and for the southwest comer of the Dan McDonough 15.62 acre tract described in a deed recorded in Document No.2004027430, Deed Records Nueces County,Texas,bears South 69'12'03"West,at a distance of approximately 430 feet pass the intersection of the north right of way of Farm to Market 665,and the center of Farm to Market 357(a.k.a.Saratoga Boulevard),and in all a total distance of 2,526.28 feet;THENCE with the common line of the north right of way of Farm to Market 665 and said 95.361 acre tract,North 69°05'56"East,a distance of 356.62 feet to a 5/8"re-bar set for an outside comer of said 95.361 acre tract and for the point of curvature of a curve to the left with a radius of 3,731.42 feet,THENCE with the common curve of said 95.361 acre tract and the north right of way of Farm to Market 665 a chord bearing,North 67'16'45"East,a chord distance of 237.27 feet,and a total curve distance of 237.37 feet to a point in the common curve of said 95.361 acre tract and the north right of way of Faun to Market 665,for the southwest comer of this exhibit,and for the POINT of BEGININNG. THENCE North 44157'38"West,a distance of 810.16 feet to-a point in the common line of the Michael McDonough 14.89 acre tract described in a deed recorded in Document No. 2004027432,Deed Records Nueces County,Texas and of said 95.361 acre tract,and for an outside comer of this exhibit. THENCE with the common line of said 14.89 acre tract,said 95.361 acre tract,and this exhibit, North 01'28'48"West,a distance of 102.31 feet to a 518"re-bar set for the northeast corner of said 14,89 acre tract and for a common inside corner of said 95.361 acre tract and this exhibit THENCE with the common line of said 14.89 acre tract,said 95.361 acre tract,and this exhibit, South 88°33'58"West,a distance of 97.09 feet to a point in the common line of said 14.89 acre tract and said 95.361 acre tract,and for an outside comer of this exhibit,from WHENCE a 5/8"re-bar set for the upper southwest comer of said 95.361 acre tract bears,South 88133'58"West,a distance of 1,124.20 feet. THENCE North 44°57'38"West,a distance of 750.84 feet to a point for an outside corner o£this exhibit. THENCE North 44°06'43"West,a distance of 885.34 feet to a point in the common line of said 95.361 acre tract and of the Blue Cactus Properties,LLC 61.35 acre tract described in a deed recorded in Document No.2018047250,Deed Records of Nueces County,Texas,and for an outside corner of this exhibit. THENCE with the common line of said 61.35 acre tract,said 95.361 acre tract,and this exhibit, North 01'06'02"West,a distance of 1,246.81 feet to a 5/8"re-bar set in the south line of the City of Carpus Christi 71.64 acre tract described in added recorded in Document No.2000007660, Deed Records Nueces County,Texas,for the northeast comer of the Katherine Cecelia Demott 91.33 acre tract out of Tracts 3&4,of said"Margaret Kelly Land",and for the common northwest comer of said 95.361 acre tract and this exhibit. THENCE with the common line of said 71.64 acre tract,said 95.361 acre tract,and this exhibit, North 88°33'32"East,a distance of 297.53 feet to a 5/8"re-bar set in the south line of said City of Corpus Christi 71.64 acre tract,for the northwest comer of the Sheila Clare B.Amen 94.65 acre tract described in a deed recorded in Document No.2007050708,Deed Records Nueces County, Texas,and for the common northeast comer of said 95361 acre tract and this exhibit. Page 4 of 6 THENCE.with the common line of said 94.65 acre tract,said 95.361 acre tract,and this exhibit, South 42°27'26"East,a distance of 3,501.64 feet to a 518"re-bar found in the north right of way of Farm to Market 665,for the point of curvature of a curve to the right with a radius of 3,731.42 feet,for the southwest comer of said Amen 94.65 acre tract,and for the common southeast comer of said 95,361 acre tract and this exhibit. THENCE with the common curve to the right of the north right of way of Farm to Market 665,of said 95.361 acre tract,and this exhibit,a chord bearing,South 58°01'53"West,a chord distance of 964.52 feet and a total curve distance of 967.22 feet to the POINT of BEGINNING of this exhibit, and containing 74.942 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. 3.)This exhibit is for rezoning purpose only. I,Ronald E.Brister do hereby certify that this exhibit of the property legally described herein was made on the ground this day September 21,2022 and is correct to the best of my knowledge and belief. Ronal E�PLSN. Date:June 12,2023. OF 71 RONALD E.BRISTER ...:...................:... '•?,� 5407 ?v•Q. Job No.231241-D Page 5 of 6 EXHIBIT B IH SUBJ ECT PROPERTY RS- PR CG°_2 GRID ?9U6 R5-6 CASE: 0523-01 N SUBJECT PROPERTY WITH ZONING ® 5 Subject Property r° A-1 A'arcmant Ho use D. ❑mitl lndusM District A-1A Apartment House Ols[ria I-2 LigMlntlustrial Di strict s` A-2 Aparcment House D-1 I-3 Heavy lndusMal District AD Pmtesslanal On—Disrria PUD Planned Unit Development _ AT Aparcment-Touds[Distria R-1A oneramoyD umgDlsmtt SOBJEG�T at NelgndomooaErcsmessDlstna 1-113One Family DweumgDlsmct PROPERTY arA Nelgndomooa easiness Dyna R-1c one ramliy Dweliing District B-2 Baytmnt easiness Dlstna R-2 Mwfiple Dwelling DDma aan Barna-is�and1usmessDlst, RA On aFamily DweIli ngDlsma B 3 B.1_s D�s<na RE Resmemtal Estate Distna _ E-A cenealE—nessDisn;a R-TH TD—ho,seD—IlingDisnse - E-ePnman,ausnessD�s<na sP Special Permit e 74P nmary B usness care District r-1A Tr—I Trailer Park Dls[da BD com-Christi Beam Design Dlst. T-l Manures, d Hume Pad:District 0ty of - Esri,HERE F-R Fa-RumlDlsana r-ic Manua mored HnmesundlnlslDn Corpus -i LOCATION MAP- Hc Hsmnea�cwmmlTanaman Dana Christi Prese�tron Page 6 of 6 ZONING REPORT Case # 0523-01 Applicant & Subject Property City Council District: 3 Owner: WinnCo Investments LLC. Applicant: American Realty Services, Inc. Address: 6302 Old Brownsville Road, located along the north side of Old Brownsville Road (FM 665) and Saratoga Boulevard (SH 357), west of Joe Mireur Road (FM 763), and east of South Padre Island Drive (SH 358). Legal Description: 79.42 acres out of Tracts 3 and 4, Kelly Margaret, Land Assessors Map 149 Acreage of Subject Property: 79.42 Acres Pre-Submission Meeting: 03/28/2023 Zoning Request From: "FR" Farm Rural District To: "R-MH" Manufactured Home District Purpose of Request: To allow for a Mobile Home Park. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Agriculture Light Industrial North "FR" Farm Rural, Vacant, Agriculture Light Industrial IH Heavy Industrial "FR" Farm Rural, "RS-6" Single-Family 6, Vacant, Agriculture, Sin South "C gle- General Residential Estate, Low- Low-Density Residential, Density Residential, Commercial, Light Industrial Commercial "IL" Light Industrial Commercial Medium-Density East "FR" Farm Rural District Agricultural Residential, Commercial Light Industrial West "FR" Farm Rural District, Agricultural, Low-Density Light Industrial "RS-6" Single-Family 5 Residential Zoning Report Page 2 Background: The applicant amended the original rezoning application, removing tracts of land that were not compatible with the Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. AICUZ (Air Installation Compatibility Use Zone): Yes — Clear Zone and Accidental Potential 1 Zone for Corpus Christi International Airport (CCIA). Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Old Street Brownsville Road "A-3" Primary Arterial 6 Lanes, 2 Lanes, Divided 130 feet 50 feet Transit: The Corpus Christi RTA provides service 2.5 miles to the southeast of the subject property via the Ayers 19 route, and to the north of the subject property via Morgan/Port 16 route. Bicycle Mobility Plan: The subject property is more than 2 miles away from any proposed facilities. Utilities Gas: 6" WS line along Old Brownsville Road, HP 16" WS line 875 feet from the western border of the property. Stormwater: Stormwater Ditch along Old Brownsville Road. Wastewater: 4" VCP service line along the eastern side of Old Brownsville Road. Water: 16" ACP line along Old Brownsville Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Port/Airport/Violet Area Development Plan (Amended on February 28, 1995). Joint Land Use Study: Identifies goals, policies, and implementation strategies necessary to achieve greater land use compatibility surrounding Navy airports was adopted in 2013. Corpus Christi International Airport Master Plan Update: Establishes a program for the improvement of existing facilities and the development of additional facilities over the next 20 years. Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Zoning Report Page 3 Public Notification Number of Notices Mailed • 18 within a 200-foot notification area • 6 outside 200-foot notification area In Opposition • 0 inside the notification area • 0 inside the notification area • 0 % in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 31 , 2023 (Tabled) Planning Commission Hearing Date: June 28, 2023 City Council 1St Reading/Public Hearing Date: August 22, 2023 City Council 2nd Reading Date: August 29, 2023 Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types—rental and ownership and market rate—to meet community needs. ■ Promote orderly development with fairness to all taxpayers and ratepayers while keeping in mind impacts on the affordability of housing. ■ Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. o Future Land Use, Zoning, and Urban Design ■ Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. ■ Encourage orderly growth of residential, commercial, and industrial areas. ■ Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. ■ Avoid development that is incompatible with the operation of military airfields and the airport. • Future Land Use Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Light Industrial. Zoning Report Page 4 Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is inconsistent with the Future Land Use Map, but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. • The proposed rezoning is consistent with Plan CC regarding future land use and avoidance of incompatible land uses. • The proposed rezoning will provide housing that can meet the diverse needs of the community at all income levels and at all stages of the life cycle. • Maximum density of "R-MH" is 12 dwelling units per acre. The acreage of the proposed rezoning would allow a maximum gross density of 953 units. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends denial of the change of zoning. Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. Note: The Navy's Community Planning Liaison and CCIA staff were consulted regarding the potential rezoning and concurred with the staff's recommendation of approval. Attachments: A. Existing Zoning and Notice Area map. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA Zoning Report Page 5 1H 6 5 R 4 SUBJECT PROPERTY s RS- 11 FR3 3 1 CG_Y � y io R S- B�o�N5J1� 9 z RUH CASE: 0523-01 W e. Zoning and notice Area 5. RM-1 Multifamily IL Light Industrial RM.2 Multifam1ly2 IH Heavy Industrial RM-3 Multifamily PUDPlanned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-0.5 Single-Family4.5 - CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Res ort Commercial RS-15 Single-Family 15 a ? CR-2 Resort Commercial RE Residential Estate _ [/�, CG-1 General Commercial RS-TH Tovvnhous V`CX7\C� CG-2 General Commercial SP Special Permit CI Intensive Comm cial RV Recreational Vehicle Park SUEJEeT CBD DowrRown Commeraal RMH Manufactured Home PROPERTY CR3 Resort Commercial FR Farm Rural H Historic Overlay siy� BP Buness Park �YW 0 Su,f Property O Owners w,m 200'b ffer m favor 4 owrnin200'rnednn owners City of Esri,HERE anavned ow .Mp lane X ir,opposnlor, Corpus i LOCATION MAP Christi Zoning Case 0523-01 WinnCo Investments, LLC. 7 t DISTRICT 3 I Rezoning for a property at 6302 Old Brownsville Road From "FR" Farm Rural to "R-MH" Manufactured Home SUBJECT PROPERTY PROPERTY 4.rf +°gSxJ r C t)u� Esn,HERE C. gxis - LOCATION MAP. City Council sr o0vo Y" i Ji August 22, 2023 9 Zoning and Land Use Proposed Use: IH Mobile Home Park Area Development Plan: Port/Airport/Violet Future Land Use Map: ��- Light Industrial F R, Existing Zoning: SUBJE= "FR" Farm Rural District PG30O PC�Gt4�l Adjacent Land Uses: North: Vacant and Agricultural, Zoned "FR" and "IH„ South: Vacant, Agricultural, Residential Estate, RS FR Low-Density Residential, and Commercial, a Zoned "FR", "RS-6", "CG-2", "IL" East: Agricultural, Zoned "FR" West:Agricultural and Low-Density Residential, Zoned "FR" and "RS-6" AICUZ AICUZ (Air Installation Compatibility Use Zone / Safety Subzone of Corpus Christi International Airport CZ: Clear Zone • Zone within the Safety Subzone of the AICUZ j • Area immediately beyond the usual runway threshold • Possesses a higher potential for accidents than other areas further away from the runway APZ-1: Accident Potential Zone 1 ©o o • Zone within the Safety Subzone of the AICUZ • Consisting of an area beyond the clear zone • Possesses a measurable potential for accidents relative to the AICUZ clear zone � APZ-1 APZ-2: Accident Potential Zone 2 • Zone within the Safety Subzone of the AICUZ 0 APZ-2 °0 • Consisting of an area beyond the Accidental Potential Zone-1 • Possesses a measurable potential for aircraft accidents relative CZ o ° �U� �c '� to Accidental Potential Zone 1 or the clear zone. Public Notification 18 Notices mailed inside 200' buffer r„ 6 Notice(s) mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) Separate Opposed Owners. 0 SUBJECT T In Favor: 0 (0.00%) 8 FR "Notified property owner's land in SQF/Total square N z footage of all property in the notification area Percentage of public opposition. r�' Staff Analysis And Recommendation • The proposed rezoning is inconsistent with the Future Land Use Map but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. • The proposed rezoning is consistent with Plan CC regarding future land use and avoidance of incompatible land uses. • The proposed rezoning will provide housing that can meet the diverse needs of the community at all income levels and at all stages of the life cycle. STAFF RECOMMENDATION: Approval of the rezoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. z u � /I/UlECT \ - POPERTY CASE: 0523-01 N WE Aerial View s ® Subject Property sua�Eer PROPERTY ■■►1■ City of Esri, HERE Corpus LOCATION MAP _] Christi se o H v AGENDA MEMORANDUM NOgpOPPt EPublic Hearing and First Reading for the City Council Meeting of August 22, 2023 1852 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 8101 Yorktown Boulevard CAPTION: Zoning Case No. 0623-01, MPM Development, LP, Corpus Christi Independent School District, and the City of Corpus Christi (District 5). Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District and the "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). PURPOSE: To allow for a mixed-use development to include retail pads (-9.2 acres), multifamily (-27.3 acres), single-family (-51.5 acres), and a school site (-40 acres). BACKGROUND AND FINDINGS: The City of Corpus Christi, the Corpus Christi Independent School District (CCISD), and MPM Development, LP have come to an agreement to rezone the subject property. A portion of the lot is being developed as a CCISD elementary school. MPM Development, LP will pursue future commercial and residential developments. The subject property includes lots that are vacant, along with agricultural and public semi-public uses zoned "FR" Farm Rural District and "RE" Residential Estate District. The subject property is 261.30 acres in size. To the north, are lots that are vacant, along with agricultural, estate residential, and commercial uses, zoned "CG-2" General Commercial District. To the south and east are conservation/preservation uses. To the south is Oso Creek and to the east property is zoned as "RS-6" Single-Family 6 District. To the west are vacant properties and low-density residential uses, zoned "RS-4.5" Single-Family 4.5 District. The "RS-4.5" Single-Family 4.5 District provides for residential development and redevelopment at a higher density than other zoning districts and has a limited number of public and civic uses including community service uses (subject to limitations), places of worship, and educational facilities. The "CN-1" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services and service-oriented uses, vehicle sales and services, and water-oriented uses. The proposed rezoning is inconsistent with the Future Land Use Map which calls for most of the land to be preserved for environmental reasons as the property lands within the 100-year floodplain. However, the area has been home to a shooting range for past decades. Large portions of the subject property were previously owned by the City of Corpus Christi and were to be home to a proposed wastewater treatment plant. The subject property is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan such as transitions between land uses and locational needs for public semi-public uses. Public Input Process Number of Notices Mailed: 50 within the 200-foot notification area, and 4 outside the notification area. As of August 18, 2023.- In 023.In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Vote Results For: 7 Against: 0 Absent: 2 ALTERNATIVES: Denial of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0623-01 MPM Development, Corpus Christi Independent School District, and the City of Corpus Christi (District 5). Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District and the "RE" Residential Estate District to the "RS-4.5 Single- Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff Recommended approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, is amended by changing the zoning on the subject property being 261.30 acres as described/shown in Exhibit "A", from the "FR" Farm Rural District and the "RE" Residential Estate District: to "RS-4.5" Single-Family 4.5 District for Lots 4, 5, and 6 of the Master Preliminary Plat of Oso Creek Corner Subdivision as shown in Exhibit B and remaining 93.0987 acres out of Lot 3 of the Master Preliminary Plat of Oso Creek Corner Subdivision not rezoned to "CN-1"; to "CN-1" Neighborhood Commercial District for Lot 1 of the Master Preliminary Plat of Oso Creek Corner Subdivision and 37.3523 acres out of lot 3 of the Master Preliminary Plat of Oso Creek Corner Subdivision, as shown in Exhibit C; and to "CG-2" General Commercial District for Lot 2 of the of the Master Preliminary Plat of Oso Creek Corner Subdivision. The subject property is located at or near 8101 Yorktown Boulevard. Exhibit A, which is a Metes and Bounds and an associated map of the entire rezoned property, Exhibit B, which is the approved Master Preliminary Plat of Oso Creek Corner Subdivision, and Exhibit C, which is a Metes and Bounds and associated map of the property rezoned to CN-1, are attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 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 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 6 EXHIBIT A EXHIBIT A: METES AND BOUNDS Formerly:Jones Carter,Inc. L7\ QUIDDITY 4350 Loc San Selma Rd.,Suite 100 San Antonio,Texas 78249 Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-23290 fax:210.494.5519 www.quiddity.com METES AN D BOUNDS DESCRIPTION OFA 261.3077 ACRES OF LAND A Metes and Bounds description of a 261.3077 acre tract of land situated in the Enriquez Villareal Survey,Abstract Number 1,City of Corpus Christi,Nueces County,Texas;being all of Lot 7,in a deed to MPM Development LP,recorded in Document No.2020056996, Official Records,Nueces County,Texas(O.R.N.C.T.),a portion of Lots 8-10 in a deed to MPM Development LP recorded in Document No.2022035657,O.R.N.C.T.,all of Lots 12-14 described in a deed to MPM Development LP recorded in Document No.2022024772, O.R.N.C.T.,all of a called 14.634 acre tract of land described in a deed to MPM Development LP,recorded in Document No. 2022025556,O.R.N.C.T.,a remaining portion of Lot 11 described in a deed to the City of Corpus Christi,recorded in Volume 2166,Page 458,Official Public Records,Nueces County,Texas(O.P.R.N.C.T.),a portion of a called 19.07 acre tract described as Lot 5,in a deed to the City of Corpus Christi recorded in Volume 2166,Page 458,O.P.R.N.C.T.,a portion of a called 16.68 acre tract of land described as Lot 4 in a deed to the City of Corpus Christi recorded in Volume 2188,Page 326,O.P.R.N.C.T.,a portion of a called 20.21 acre tract of land described as Lot 3 in a deed to the City of Corpus Christi recorded in Volume 2209,Page 294,CI.P.R.N.C.T.,a portion of a called 19.056 acretract described as Lot 2 in a deed to MPM Development LP,recorded in Document No.2022025557,O.R.N.C.T.,a remaining portion of Lot 2 described in a deed to the City of Corpus Christi,recorded in Volume 2163,Page 238,O.P.R.N.C.T.,a called 3.44 acre tract of land described in a deed to MPM Development LP,recorded in Document 2021021982,O.R.N.C.T.and a called 40.136 acretract of land described in a deed tothe Corpus Christi Independent School District recorded in Document No.2022026992, O.R.N.C.T.;and being more particularly described as follows: COMIVIENCING at a 1/2-inch iron rod found atthe northeasterly corner of Starlight Estates unit 1,recorded in Volume b9,Pages 35-36, O.P.R.N.C.T.and the northwesterly corner of said right-of-way for Starry Road; THENCE,North 73°57'08"East,35.33 feet over-and-across said Starry Road,a 40 foot wide right-of-way,to THE POINT OF BEGINNING situated in the southwesterly right-of-way line of Yorktown Boulevard,variable in width; THENCE,along the common line of the southwest right-of-way of Yorktown Boulevard,said Lot 7,and said Lots 8-10,South 61°14'46" East,3115.87 feet to a point for corner; THENCE,departing Yorktown Boulevard,South 28°40'55"West,2.21 feet to a point for corner in the tidal boundary of Oso Creek; THENCE,along the tidal boundary of Oso Creek the following twenty(20)courses and distances: 1. North 78°26'03"West,15.35 feet to a point for corner; 2. South 82°29'26"West,75.66 feet to a point for corner; 3. South 75°31'30"West,127.93 feet to a point for corner; 4. South 41"28'06"West,221.61 feet to a point for corner; 5. South 0345'31"West,107.40 feet to a point for corner; 6. South 10°21'30"West,451.87 feet to a point for corner; 7. South 11°50'06"East,313.31 feet to a point for corner; 8. South 05°31'29"East,140.96 feet to a point for corner; 9. South 05"33'51"West,393.91 teet to a point Tor corner; 10. South 01'54'51"East,522.50 feet to a point for corner; 11. South 14°16'43"East,147.00 feet to a point for corner; 12. South 11°25'01"West,268.39 feet to a point for corner; 13. South 21049'03"West,305.76 feet to a point for corner; 14. South 76"17'16"West,323.49 feet to a point for corner; 15. South 83'36'23"West,354.79 feet to a point for corner; 16. North 80052'05"West,409.89 feet to a point for corner; 17. South 76044'05"West,216.20 feet to a point for corner; 18. North 86022'19"West,663.27 feet to a point for corner; 19. North 87000'14"West,395.14 feet to a point for corner; 20. North 82'43'51"West,124.16 feet to a point for corner in the south line of said Lot 3; THENCE,along the south line of said Lot 2 and Lot 3,North 61018'48"West,1196.80 feet to a point for corner; THENCE,along the common line of a said 19.D56 acre tract,a 11.90 acre tract described in a deed to Corpus Christi Island Apartment Villa Management recorded in Document No.2021021292,O.P.R.N.C.T.,and a 11.00 acre tract of land tract described in a deed to 261.3077 Acres—Yorktown Boundary Exhibit Job No.50870-0123-00—May 10,2023-Page 1 of 2 Page 4 of 6 EXHIBIT A: METES AND BOUNDS Formerly:Jones Carter,Inc. L7\ QUIDDITY 4350 LocSan Selma,Te Suite 100 San Antonio,Texas 78249 Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-2390 Fax:210.494.5519 www.quiddity.com Curpus Christi Island Apai Lrnenl Ville Managernenl recurded in DUCUrnBnl Nu.202102191,O.P.R.N.C.T.,Nur Lh 28°41'12"East,1339.53 feet to a point for corner; THENCE,along the south line of a said 3.44 acre tract,North 61°17'22"West,660.18 feet to a point for corner; THENCE,along the centerline of Starry Road,40'in width,North 28°46'32"East,234.67 feet to a found cotton spindle for corner; THENCE,along the common line of said 3.44 acre tract and a called 2.77 acre tract of land described in a deed to 1B Partners recorded in Document No.2008046694,O.P.R.N.C.T.,South 61°17'22"East,659.87 feet to a point for corner; THENCE,along the common line of said 2.77 acre tract,a called 5.003 acre tract of land described in a warranty deed to Melanie Villarreal Jennings recorded in a Document No.2021028118,O.P.R.N.C.T.,a called 1.140 acre tract of land described in a deed to Lisa Ann Landers,recorded in Document No.2006046653,O.P.R.N.C.T.,a called 1.140 and 6.00 acre tracts of land described in a deed to Corpus Christi Island Apartments Villa Management Group,LLC recorded in Document No.2021027229,O.P.R.N.C.T.and said Lots 12- 14,North 28°41'58"East,1065.09 feet to a found 1/2"iron rod with no cap for corner; TI IENCE,along the common line of said Lot 7 and said 6.00 acre tract,North 61014'55"West,660.11 feet to a point for corner; THENCE,along the southwest line of the Starlight Estates Unit 1,recorded in Volume 69,Pages 35-36,O.P.R.N.C.T.and said Lot 7 North 28°42'01"East,1280.48 feet to the POINT OF BEGINNING,containing 261.3077 acre of land in Nueces County,Texas as shown on drawing filed under Job No.50870-0123-00 in the office of Quiddity Engineering,San Antonio,Texas. Note:This legal description has been prepared for zoning purposes only,this is not to he used for other purposes including land conveyance. The bearings shown hereon are Texas Coordinate System grid,South Zone(NAD'83),as determined by Global Positioning System(GPS). Thr unit of linrar mrasurrmrnt is I I_S_Survey Frrt_ Quiddity Engineering Texas Board of Professional Engineers and Land Surveyors Registration No.F-23290 ( OFTo ........ ...`c'r9� �..:......... ............p Q TROY A. TROBAUGH B ' O..............iZ;............i/ Troy A robaugh l^. 6241 \, Y Registered Professional Land Surveyor#6241 SIO SUR Signature Date: May 10.2023 oyv 261.3077 Acres—Yorktown Boundary Exhibit lob No.50870-0123-00—May 10,2023-Page 2 of 2 Page 5 of 6 00, O X4 'All All Y F Ar Alt -17 Age" jj Page 6 of 6 EXHIBIT B CIVIL ENGINEER&IAND SURVEYOR CONDITIONALLY APPROVED MASTER PRELIMINARY PLAT OCTOBER 05,2022 OF L� QUIDDITY PLANNING COMMISSION DSO CREEK CORNER oT A269.947ACRETRACTOFIAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34 AND ALSO ALLOF LOTS 2, s °4 ^a f�' X#q°° mrvTAa.T�y A.T�bn°an,awls 3,4AND5OFSECUONAE FLOUR BLUFF AND ENC NAL FARM J CONDITIONAL APPROVED AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,MAP Y COMMENTS ADDRESSED RECORDS NUECES COUNTY,TEAS,CARPUS CHRISTI,TEXCES OCTOBER 14,2022 DATE OF PRINT.oaoberl3,2022 v#° INDEX MAP SCALE. -400 SIT£ 111 LOCATION OAOP ION C -3 � M o& i L OT 1 _ IILOT2 o� 025 AC 20. ED*AITE*A 872,296 SF 27.889 AC J _ 1,214,846 SF O PICMIE EwEC1111 -{ o 1 LOT9 l ED' aarlACE piREcliorl rA oB f 130.951AC osocREEK ITT T A'Lu,71LF //\\ S,fi8Z.6 SIF o O.P.. a � TA yil� v cv�i��aaaa v��aa= ��m.�i� ��aaaiu�i��aaaiu�i��aaaiu�i RTHE 35 36 aL,„vn THE R T OTALrvUOE D TaEoso E TEs ALAN' EQA nnuAA Docxzo2�azizse PHASE 1 z .PIN..c.T. oaaN (IXPECTEO COMPLEFION _ IRIosrvlA¢e�lc E CR MAY 2023) '_�' ¢rvllsosl wTnrv�RsoaUED, aRrvRE sssirvs EDsav EM 'UIRNVEED IEREF TO OR 'TAT AN CTv Do0XPU57o03P Rg 831 _ uH—N HEREON ARE AVD ee DnouM AsaDETER rvED avrvs 39LOT AC _ 1,735,D46 SF O cRu4TEE.LsO ANN�LANoE69 SHEET9 p Cp A�NTA rv52T2asaACREsoEarvD rvrwD rva RrvCT lw ,n J TE MAP,PANEL TRAIsLOCATED NIONEAE NDI Y,POTENTIAL DI aNANERaow 'r LOTS p,ss PHASE2 ErvALooLA�EAAEAArvD PARK rvEEEp:aALLaE PAID RIonrvTo 15A9078F w�A�P;v�eEc i556 ACPT�i l (IXPECTEO COMPLEFION Try 0, AT EirvAT HEA T. ooFg2oopPo435 gRIB vnF BY MAY 2025) zorvirvO DEVELOPMENTrvn�ry Tn saawRiosnnD mrvr�rvEliozorvirvO DEVEtLoarvlErvTTE f easT ory srt RRDO ED TAND s.W TER,wAs (,}TT' T EmrvTUM VnEary RDIAT scARisr Ao,EEmrvsisr[rvs LOTTDA uirvaErvTTOAry Aaaaov[D aosuREav TnE ary rvsrR LL EACH LOTwi °�° �• .3916 w � � EUin�maTTTOEmRPUscn RisTI °a 30.391 AC I e 1,323,837 SF 1 - - ¢.. LOT PERMANENT ct;[un REry 30.951 AC DOA NDOC1202l10 91 / rvry 5,612,16 SIF _____ TARRVRoLL To DTaECLosURE O.P.R. '� i _______ cic — — ---_ a F N 1.1 GP s PED Ipg Table - _ ( ZODeP0se rvmo zI E 2 Lotl F 1-1 D ItL Lott Farm Rural D's[rR - - mt3 Farm Raral Dlama �� `A' uraT , eo caeeR - Lot4 Farm RD'1lPO—E ENT Lots Residential Estate Dls[ric[ l D21 l o l0[6 Farm Rural Dls[riR a Proposed zoningCAL .�.. ...,................... °,............,��..........,............,............,............,...........6 Lott Gene2l Commercial -- LFDp Lott General Commercial ° Lot3 Single Femlly Resldentlal g�- Lot4 -g a Femlly Resldentlal Lots Sl ngle Family Residential Loth Single Fami ly Resid-f al Proposed Phasing 5VTRYdry 6A Phase A Atcpated tG- Ant cip =eM pl,tor.Date laid Use '?,d l 1D 736 september7m73 1111]113 ;c/Zs SEE SHEET 13 FOR UNE :c �R 2 166.826 May 207May 2D25 Rs AND CURVE TABLES .� 9�T7 Q�b CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER nea®`L4 k4m:nRa�%°2;°.°s$ :ire®azo CONDITIONAL APPROVED A269.94]ACRETRAC7oFWND,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,13,14,AND 15SECTION 34,AND ALSOALLOF LOTS 2, s °4 ^a 4'aq, mNTAa T�yA T�bn�En RPLs 3,4,AND 50F SECTION 35,FL OUR BLUFF AND ENC NAL FARM sp OCTOBER 74,2022 PND GARDEN TRACTS IN VOLUME"A",PAE41 43,MPP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS a _ — �� � DATE OF PRINT'.ORober13,2022 a#° or Wov -o-p 519 SIT£ e'SCTB =9 — VORKTOWN BLVD c� EE SHEET S SHEET4 SHEETS 1.tt� ,r�` se�sro r CC 1111KRAtIT LO CAAEI0-3000 3 00P E.me a o1s +"�v SHEET7 a SHEETS o v p T15EET j re. T _ s9, / PlCPFSED'T.. eweRI—AIER—El —— ' /J �T, »«>� alasrNmnacE m � S_NSHEET rn SHEET SHEET 13 ElovRRH ECEnoON ELECTRC l IECEIILCITEI HA a� .. UnneeR AeLe Lo — J C. PVI RTHErr reRRu OILU"E v z III =ANO ooaDNA T API C111 D CITE-T E UN ¢M°_ TTA°"oP L DIITANCEIT0 SUR FACE,APPLY THE COM11NED GRID TO SUrACE SCALE F—O ALL DDDDP. / 11 a. eLnATloxssnowN HEREON ARE NAVD ee DATUM,AT OneRnnlNeD 11 IPI — / I sTHEV OR NUIREMENT Al DEPT—D,IS A REQUIREMENT OF THE UNIPED 1 11 o --- i ITRAT DEDICATION. AmNTAINsHANIE nzeseAaesoruND INCUDINe LOSE(-G ,.A�ROINOTOFEn1AFLooDIN:UR CATEMAP,PANEL ae3ACD E AE — m DATED OC,oeER.e CDCC APORTION TRICTRAC,ICLOCAreDINION E AE rl FR(vrl L S_— AN U. FR(GLf 3 J __ B ENAT IONALwL7uNDS INv[NToav,POTENTwLWET wNDs d � LOT/A� AND PARI AEeeHALLIEPAID PRIOR TO — A P 41 aIPOw �— WITHINTHIIPPITITAACONFa REDDREDTOACONenENTTOTHE D 8 IT I uRe ev THe a.v or mRPus CHRIsn. RD m _ mNTINSENT TO AN APPROVED CLOS -— .A P ``N"AN -- o m � — EDRes NDL�P roU��, Nry �m -eP I,L_INCH IRDN PDD�,—=,.PED - � LH.LL��RAN — - DD ---- ANmL„DD a = N o MRN Po ��HLro i TDUND I,�INeA o �Ia TE� EODND 11—L ..ee PLeD��L UL — ��PLM e t m i / 46716 - �� 4s R 7 — OR(RV vw wss wssz 2eV�'se'c > N f "nd -—— .. 12.1.�iX�XXXXXXXX� C vicenttJ „S SEE SHEET 13 FOR LINE .� AND CURVE TABLES .S/.EET2 OF 73 CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER "'°®� '"p°"m"2R°�`5°m'`•�°'®^s mm CONDITIONALAPPROVED A269.947ACRETRACTO ITEND,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,13,14,AND15SECTION34,,ANDALSOPLLOFLOTS2, ^a a#^ S+hglQp mrvTAa.T�y A.T�bn�gn,aPu 3,PAND5OFSECUONAE FLOURBLUFF ANDENC NALFARM n OCTOBER14,2022 AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,MAP W $ RERDNUECEDATEOFPRINNTO-be522022 CORPUS CHRISTI,TEXAS m _ I77,17 R9 Nr or woY ce 9IT£L� pc—6-0155y�9 e20 lYOHES OWN BIT — CT y060i 5s9 —— z 658 SHEET2 SHEETSI.' SHEET4 SHEETS , ^w — G2 LOCASCEFLTION MAP -----ia _ SHEETS SH f 3000 HE a SHEETS 0 0 RJ, SM [Er rl / n ww uT L ry LECEIv o __ aRo...Eo wasTEwATER J s _101E,'TORN sEwER LISHEET0 o ECTRIc f .m ry w pL oaa NAGE oia[cTON KEY MI 12 1ILAILE NEUV Al E EIR—L'EUR�DARTLIELOTTOR'M—TE R RU-11 PROM T 111 PROPERTY 11 T IE 010 E P EAE AN DTIE A EUUD POR TIE 010 IRE El° P1 T IE NN TDA PDT T MA RDry ry ,EI ¢D'paT"Ic°°To"EaaM Eo`Dy MEATEAPPNIENTG"EIAl A�MDODEaETDTUaEATET �EEARD } q1q \ ry":REO rvARE NA°D 11 DATUM,AlDETERMINED"y IPI UIRE ME M 01 T IE NN III ED T aE AE DE A CHAry E l l - - 'I I FR/R5) E LOT2 J DIED WOAR .D PORTION TT"s TPA7p 06• \ F POTENTIAL 1 OTgA�EA EAANDIM"FEET="ALLDEPADPa RTO RA �T 10 EA Foary"°°V`LOPM`D"''TANDARD'EDT?��aM`r`o�.EEArvEo�"EDNIITENTTO - ---- RMANENT DaDEDANDE NUEE PAT PLAT DD�aE TDDE TIE �rvT�rvDErvTT0ANAPPaDDEDaD,DaEPU DyT"EOTyDE�aPDT�a�TTE v - 11 - YIPH aIRU RooGPsPED \ \ \ :°FIEEaNm „ EOUrvD Ea"aE UE ��Ea°�rvEw o� ,sn � 5 61'9 f 117 18 m e»vs w asva LOTA SEE SHEET 13 FOR LINE &LEE73 oFH AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYOR CONDITIONALLY APPROVED MASTER PRELIMINARY PLAT OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER A269.947ACRETRACTOFUllVD,BEING A PORTION OF LOTS 8,9, CONDITIONAL APPROVED 10,11,12,13,14,AND15SECION34„ANDALSOPLLOFLOTS2, of �#•` $n`�xm mrvTAa.T,�v A.T�na�gn,RPLs COMMENTS ADDRESSED 3,4,AND5OFSECfI0N 35,FLOUR BLUFF AND ENa NAL FARM OCTOBER 14,2022 AND GARDEN TRACTS IN VOLUME"A”,PAGES 41 HE,MAP A RECORDS,NUECEOF TEXAS,CORPUS CHRISTI,TEXAS DATE OFY, DATE PRINT'.ORober13,2022 25 w way SIlP� VORKTOWN BLVD a gym". 5�9 _ Tent `\ o i F B C060'15519. H SH SHEET SHEETS o a ETEC E,l. m`8 cAs Sas--�cns 1 /23a35'(oKRiItU LOCATION oE MAP — — ----- — -- =3000 SH SH S SHEETS EET R P 0101E�oRMwATER „ ExnrvH oAERHEM E DTRIM A Le HSHEET� DRarvACE D�REM,�Ory I � AI TIE AIIIH"TI N, Arv�D-IT El TEll'iIILIIE TIE-1aEorvAREE.R z DE T 'IT II�INVIEI�IPEUTITPIITPNIVIEIETII"NI TIE \V A = UREA1.APLRITIE I1—INEDIIINTOTUREA1EI-E1-11 '- \�� �� \ ALLELVVAT owry vDDDD TDETERM�NEDD�D - V \ - Dry R REREDrvARErvA A ( A a \ „EYEARDREDU�REMENT ATDEP�IED�TAREDD�REMErvTDETHEUrv�HED DPMErvT CODAA�D T TUD,ER TO LRAAIREI1 R AND INI MAD LRArvD P= HED V 11, INIURA T„DETRATEME=DANEL NELDD ry 11E AE 'z \\\V \\ VIl - DPARnEEE ASD TLA DI \ \ \ \\ \T1FR lR) C \ FINAL PLI \ \ \ \\ \\\ \\ \ \ \ 11- TNn�ry Tn sEDPwRiosRRDI nAD coEry HA ME rETDIDNE o zorvirvvo of vELOLPMErvTTE 1 \ \\\\ \ \\ p\\ FE \ 'VEULlPMe\TnEHrvnLPwT iIRE¢UIREDTIAIINsinENTTo THE 12 DER��O \ \ 1( V \ \ \ CONTINIENTTOANAPPROVEDCLOTUR°YT HECITYOECORPUTCHRITTI. \ \ J \ \ ORPI EGERD Ary OP— E"lEl 111—11 \ \ \ RDo7 `°DEH`Rory` 11 --- �D«ErvmL„ V EFA - Fl—E E— �v A .e SEE SHEET 13 FOR LINE u^WE74 OF 13 AND CURVE TABLES ` CIVIL ENGINEER&IAND SURVEYOR CONDITIONALLY APPROVED MASTER PRELIMINARY PLAT OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER A269.947ACRETRACTOFUllVD,BEING A PORTION OF LOTS 8,9, CONDITIONAL APPROVED 10,11,12,HSI 14,PND15SECTION34,ANDALSOPLLOFLOTS2, of �#•` $n`�xm IZ'A T,�Y A.T�na�En,RPLI COMMENTS ADDRESSED 3,gANDSOFSECTI0N 35,FLOUR BLUFF AND ENa NAL FARM OCTOBER 14,2022 AN GARDEN TRACTS IN VOLUME"A",PAES41-43,MAP RECORDS,NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a �E DATE OF PRINT'.ORober13,2022 siT£� HEET'H SHEET Al, SHEET 4 SHEET LOCAEION MAP we y 3000 SH ETIg SH T�NEET SHEETS 11D..ED*AITEIATE' n aaocosEo STORM sEwEa 1 MDMIED—El IS—Hf� oECTaIc H HEETL oaa MACE DiaECTON R THE ELQlALIloE 10 UIE A PIA ED1 IH,A NDH.pREmirveoEevIt 1 OCEIIINI THE uREAce, VERT IRIN APPLYTHEICOMIINED IRIN To IURMIT TO FACE STAB EAao — 11ED H—N HEREON ARE NAVD 11 DATUM,Al DETERMINED BY IPI OOD NIURAME RATE MAP \ T DATED 0 0A 2,22,A PORT ON TH,TRA I ACCORD NI TO E NATIONALTLrviINVENTORY, ELADI TO NCTHRLUOMENioRAND ALD PR ry D • ETE FA LPPMrv.nsvwDSRnn�corvMErozorvin�ovAT PM 12 IN— NE mrvnrve rvTETo AN APPROVED aosu REB,CHR Raov of mRPus cn Risno ION\ oRPi crcunL Ary \ aQ T-FEMA TLocoT.vN -- OPNrvc� °oiio a PUBUc BEcoreos NINE"—111x>v T, YIPH mrvEx,reary Noo w c+v suevm NIH S*oFOOND (sEEoonmT sJ \ 11---------- DE---——--Fl—E En 0 N1 �a \ Om CHEEK LOT3 F\R(RS) y eai �d U SEE SHEET 13 FOR LINE 9'ASFT5 OF 13 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER nea®`L4 k4m::aRa�%°2;°.°s$ :ire®azo CONDITIONAL APPROVED A269.94]ACRETRACTOFWND,BEING A PORTION OF LOTS 8,9, oC ENTSADDRESSED 10,11,12,13,14,AND 15SECTION 34,AND ALSOALLOF LOTS 2, 4 s �"�' ^a 4'aq' mNTAa T�yA T�bn�sn RPLs 3, AND 50F SECTION 35,FLOUR BLUE F AND ENC NAL FARM °g/f sp PE OCTOBER 14.2022 AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,MAP „__ RECORDS NUECFS COUNTY TEXAS CORPUS CHRISTI,TEXAS� ..... ....,,o.......... � \ � DATEOFPRINT.O ober13,2022 EET2 SH �II R SHEET =REE,= � I LOCATION SCALE 00P SHEET� sR sREEreMEET ww a.....ED wASTEwATER III n PllCMSE''Toe.SESER EII�IN�O�RRE�ELE�TRI� SHEET 113 -REE, REE 1 w eeDeD=ED WATER oeu NPOE DREC�ON _ V ElElTIAENT J �.� n 1 KEY NWP VV v7 -1 TIII'E EDNAT EDTNEA LEE DTE I RTNE z sTAn - - 3 TEE DEAR�N�T.D�nAN�ES AREATAND POORD�NATETTNowN NREONARE IIC'UIE TO OF DsaRI TEST�ooao�ND AN In A,AITODTEI'o�EI�TA� 'N HEREMNN RE'y Do kza,Doip9a loi ffii o�3 UN T'IF�INIET AR MYI.EIMB TOPDo.o=PROTETTN FA 0 " o �I. LOT4FR NEO NDS REAPS TAA o .R FR(R5f IT HE RE ON ARE NAVD ee CATU M,Al NET ER MIN E D IPI K MAY CHAME THE TITAL PITTED AREA NTA NI UD NI II NT F AITCREERTDDNE,LATE ON DATED PoPORT 0 aA gOD�oD 0NE AE -LENN C-a NATIONAL TLANDT INVENTORY, DT DOCC, I �.. LOTIACP, NDPAR I DE PAID PRIOR TO REC AT 0,¢4ANL UTILITY AND TEMPORARY R.0 w.EASEMENTI DEN—ED—EPARAT O? 'TRUMENT'HALL III o= RD11-a33r:HEFNAOPLATN E-AND�A`LEDREDTO`ACON°°:ENTTOTHE �2 EOE INS ITI e I CONTINNENTTOANAPPROVED RLDTUR°YT HEITANCARDI a:YDECORPUTCHRITTI D �aP,E^ENRANT I — Nry YRNOT OMN" ---E� RDDMN"AOPEN 'IX TO CR �SA4RY43 -- - �� � ✓ LOTS v �a I RS�^ RE(RS) �n Iry Nb mraa IIAD NELEzsEo � A LOT I �s coee NIS �l PaRTnnDD cEMEN o s SEE SHEET 13 FOR LINE &,EET6 OF 13 AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER ^=a®� m%�^m^�*6��a�`•��®^s CONDITIONALAPPROVED SA269.947ACRE TEAS OF HADD,BEINGA PORTION OF LOTS 8,9, RES ..usn,Paass C ADDE UIN IVTYVOLUME CO D XAS, OCTOBER 2022 10,11,12,13,14,AN GARDEN COD15SESION34„ANDALSOPLLOFLOTS2, 3 IIN S,LUTECES s s ........................ ...... ......... ......... .......................... m — , I FF AND ENCI NALFPRM ”'PA6ES 41-93,MAP RPUS CHRISTI,TEXAS P DATE OF PRINT'.O-b—S 2022 9I LOCATION MAP — Fz s.E-.7--� SHEETS scnLei=3000 — SHEETSsR sREETe SHEETS 0 EETT I C_ 11D..ED WAITEIATE' 10 El oWTL iacmEW ✓ / SHEET LI SHEET 11 NncEoEREETi Dau oN K E clEEl EIFT lL omen T iAusFr III '�ITEI�ITEII'TIE-11 —1111AD TIE III IIEEI '11M—1EIIAHIN—E LOT4 l 11 N o�o:ND'1'1'o Vii' E IN I, NET EM 11 NITIME1 TI uarncE nE EN TIE mmeirvEooauo TO IPTIT"TINVE Es—Ernao } ILL EVIL'INN I11—NreEreElN11ENIVD11DITUM11DETEIMINEDlYI — ` ._ �meYnrerereeaDreeMeN. HereSnreEaDIEMENTOFmEU�FED _ \ - reEVeLOPMeNT11DEIND�SSUll—TOmn �NIMnYmnN� ED 1 ONTnNS2,�ree6n�eS0.aNre N�reNI ° / DITED0C,0—AR 1.21211PORTIONT111HP 11L—TEDINIONe IE reNnrenN RITE MIP, e,res. RATO%WAONOFmEF°NTAn�EAIEANDIMAElIALLIEPAID re RTO w�'TMM.I`Frew•°°�AP�oENF�"MTOIONiNOIDEEElo`PMEN..E Dre 33rm SreE_REre.oreE�NIITENTToTIE 411 1 �= anEAND THE CLO'U �J o. 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FT \ 1 DEEP_DIRE,ION � / v LOT3'S OF � �I V ITIE0101REE1 TIE TIE-Al EL�IAREE PER TIE EEAoosouTn zo 7AINDHTEPREMNNAEREIv rv[oEev Z l�HNVIEI�OPEUTITPOICTOPNRVOECRETIIRNI THE THE COMINED IRIN TO S ora �� HEREONEARE NAOD DD DATUM,Al DETERMINED 11 IPI FR(R5f \ \ \ T PPL- UEACE I—E F—O pQ \ '\ a ANTAN2OTzD�AACaETDEaND NaE„DIN D Ea�op RATE aPANEL NATIONAL oAw. D= AND IRKAETTHALLDEPADPaORTO OR oiw.EA / g AD,ICRcji�`\0 1THR DIIUDCEN TTL N-E'E1PHEFIN-PTATCO NI°REDUIREDT0ACONTIITE MT0T x.45-w a 3= PERITACONTINNR—TOTHECITTTOAN 01CORPU vCHREITTvoEmaausc RE I �6'— - r µ oaR�� DEED�PDDDC RE�HD=NUE �D T. M � YIPH N�aE�aD=NDE�E�U�. _-- -- R;HDN N°°Do SPED v ----- IIEE NmE yrs o i v FR(RS) CAR F4(ROW)PUBLIC TO BE ----------- -- ---- — \--u----------------- 4 ------------ ---_ —C --------------- — ------ — — "s SEE SHEET 13 FOR LINE �B X23 AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT CONDITIONALLYAPPROVED OCTOBER 05,2022 OF L� QUIDDITY 5 ALE I -,00 PLANNING COMMISSION DSO CREEK CORNER nea®`L4 ki°:ire®� CONDITIONALAPPROVED A269.947ACRETRACTO ITEND,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,HE,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS 2, IINn�sn, u D 5 OF SECTION 35,FLOUR BLUFF AND ENC NAL FARM s a d rk v.PERP '" �'� OCTOBER 14.2022 3,PAD AND GARDEN TRACTS I N VOLUME"A",PACES 4193 NIAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS DATE OF PRINT'.ORober13,2022 SIT£ LOCATION MAP os _ _ SCEFL 3000( SHEET SR Ere SHEDS swE I unury LFCEND _ � EWER i- OB �y DRENACE DiREcnoN ECTRIc REEr.0 REEri REEri KEY �e � � eEry ERAL rvoTEs c� z ... 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NRIACE,APPLY THE COMIINED CRIDTOtUrncE—LEC—O H—N HEREON ARE NAVD 11 DATUM,Al DETERMINED eY I 0"��VAT ON UDINI J7 ACCORD N�TO AILOODD PNIURA ERTEM a-=4 rvttzorvE ADATED 0 0AE H ETEArvND IRKAEs POTENTIALTLANDI TERI ACCORD NI TO THE LOTR wu sIE PAIDRIRTO AND LAARD ON THE ONAL PLAT LOPMENT WTwDC4IACHLOTTHNTH'I:IT PATcEOATrRREDDREDTO ION TDDEcDNTTTENTTOTHE \ mrvTlrvcErvT TO Ary APPRovrD aosu RE ev TnE aTY or COR Pus wRlsTl. o \ ' oRPLIMERD nry RCR CRury lEl rvry 11\ IEE \ _ xco(o oa(DwPc+vS'uevm \ AIN FEMA FLOODPL / \ 40((ROW)PUBLIC TO ——————————— —— tib\ $ ROAD EAS DDE Q`A050(REEP \\ .............................................................................................................................................................................................................................................................(... -"fid SEE SHEET 13 FOR LINE fi7B X73 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY DD PLANNING COMMISSION DSO CREEK CORNER nea®`L4 k4m:e aN%°Cdr.°�`5a�°:ire®� CONDITIONAL APPROVED A269.94]AIX2ETRACTO ITEDS,BEING A PORTION OF LOTS 8,9, on snP�Pss COMMEN TS ADDRESSED 1111 12,HSI �DCARDENSTACTESOF OIOT3E tA, ALSOPLLOFLOTs 2, A 14 PRIN a A, UFF ANDENC NALFERM PUSESMAP RECORDS,NU T b—S 22022 CHRISTI,TEXAS DUE CE COUN Y TEXAS DFET FET�' 5H SHEET4 SHEETS w -A LOCATION MAP cnLE.i=3000 I` ,/m o s SHEET SH / 4MEEre SHEETS eA UT L ry LECEN D _ wEwEa W11 HEET.0 HEETi HEEri EXISTING OVERHEPD ELECTFIC APA Er FR RRS) DRUN_Di_E A.N o ;o Es 2 U aPHE RU N011 CL IE UIsP oTEETv ER_T TCE Ass T010 CRE El Al;,IECOEPol=AN D-ITR THE A¢UATiCU ALL w REMI RO,JJ Al'CONT—RECaEAT ION'IE U I HE N HE �m %'vuetFC,ioYY/ 11 uaEACE AaaLvaTnE mrvieirvOO Maio Tosua ACESCa�EAao W o� oFLNE INnD'eEL AS DETEarviiNEDEev ' a.AUELEVATiorvs IH—N HEaEONAaE NAVD II DATUM,ASPDETERMINE, } �C42 ofON M NUTAIEN�TO ;2D2;OA INIUPORTRANCE RTEMAiP,PANEL rvttzoNE AE 11 11 AC' TLANDI 5 TCA ED)D ENATIONAL NT EC AT 0, oT/Aca FAME AND aAaErcMEEPs snAssEe ETPAID aEaioa To p aCg2IOCE021292A E LOT 3 os IU DCACCI*HEDEFNAL ELOI iI R—IaED Trvo IE CONIIITE NT To THE FR(RS) 1 coNTN IR ERN ANAaPRE VEDCLosuaE eYT IT Aof Co a PUSCH RE I. o 1 oaal EGaQ Ary IT YIPH-- --r -2HR-ry reoo rv'—suev[D —_-- - reo/sEEUDnms sJ EourvD z QIH TPr EourvD pr rvuL oUE-_---_ DE-- -- Fl-E E-0 L 4�L�ry care w�z�ss FEMA FLOooPLo,N\\ Y ES(CALLED) _ APA D� ILLA021 D55GEME� SEE SHEET 13 FOR LINE FihE�7X7 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER "'°®� '°"m"2X°e�`5°m'`•�°'®^s mm CONDITIONAL APPROVED A269.947 ACRE TRACT OF HATD,BEI NG A PORTI ON OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS 2, °wA a�vaIIN ADDRESSED 3,gADID SOFSECTI0N 35,FLOUR BLUFF AND ENa NAL FARM $ axshPa COMMENTS PLs .. OCTOBER 14.2022 AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,NIAP "M, RECORDS,NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS DATE OF PRINT'.O-b-3,2022 TE - P FSHEET2 SHEET 3 SHEETSHEETS 0 LOCATION MAP --- r scnLE.i"=3000' �� �� _✓Y \ SHEET SHEET �*EET. SHEETS ED*AITEIATE' W"MDMIED—El _101E, SHEET III SHEET HEETL s EWER FR[RS) o iECTFIC oau NPGE oIRECTON eE 11 TIE 010 POR THE AINI / / R0 MI6R0 as EEE IA soei��zory�IA¢oIe3reL so�.eaam rveoEev z POIT THE To NRIACE,APPAR LY THE 10-INED earn TO suaULNOTIA vACE I—E F—O } 1 �8' [oT3 l FR(RS) nowry nEaEory ARE rvnvD ee DATum,AS DEr Eamlry ED et/G 5 T HE NN ED NT I 01 INILUDINI A'Ll0RNHl TO AMA m INIURAPORTIOME TH RATE MAP,PANEL 1115DATED WOAR�1,21215115111,AE ANDI oTgAca EAOE AND PAaI A110RD NI TO THE NATIONALTLANDI EnM[PavPnAaaEe ETPALo PRIOR To 11 ALL UTILITY AND TEMPORARY R 0 W EAIEMENTIDEDIIIEDIYIEPA RATE N EN T'HALL A REI ORDED AND PL T A'ITHR TOM A3E THE HrvALPUT II REQUIRED TO A mrvsrrENT TO THE INIM ETD 1 FEMA F-11LAIN 11 mrvTlrvS NTETO AN APPROVED CLOtUE et/THE OTv of maPut walsTI O / oaPLEGaQ Ary YIPH-- -- rvcR - 'reUry reoo ry at/suet/o NIH FOOND ---------- xwaFIEEUOnmz z) 11 Fl—E 1 6 1 � x e E rJ __ __ _ vrv>e ee wzvssz vcazzn w�nrs 110 CREEP SEE SHEET 13 FOR LINE 67D X19 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER CONDITIONAL APPROVED A269.947ACRETRAC7o ITENS,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS 2, oeaugFPp Pss / OCTOBER 14.2022 RECORDS,NUECEDAOEUN PRINT AOc �./ o by COMMENTS ADDRESS ED 3,BAND 5OF SECTION 35,FLOUR BLUFFAND ENC NALFARM GARDEN TRACTS,IN VOLUME"A"PAES41-43,NIAP s CORPUS CHRISTI,TEXAS [ober13,2022 WT6 �� [SHEET1 SHEET 3i�FR RRRS {, 1} / SHEET SHEETS mw LOCATION MAP —— ecnLei"=3oo0' �—' � y � y \ SHEET EHEETB SHEETS n tOT3 C 1 MI ROA" -/ FR RRV p 11D ED*AITEIA E p WEWERMDMIED-El �UYLCR El IT NI ASEIH Dau N_DiaECTON ECTRIc HEET YO HEETlISHEI. KEY 010 IRAI Al'EIIEPTIONAL'AND-ITER EL�'ALUIOE POR TIE UIE - EM TARICOoa DiNATE-Tsm RaID''OD nzo TI E'LAIMCER'EEAKRAl"ON—ENlq¢Di eTRlco'DHTsaa O rvADsev —— "-NEMA FLDDDPLAN E E°DT KaA A oKaoA°DT°'ATaoE:E`aM EEeAE DD PI �NTPI—D,,IARE—EREMENT TOEaN1THE NN�ND IPED ELHVT DIED WOAR 1APORTION.H°.TP-11L TEoNTIONE°AE DNA lEANDIRKNAElIALLBNEPADPRIaro jTC0A RAT E =ARDwEEULOCI3e3r:TANIDNA<<<°A°R-IEDTOAECON1lY 1TENTTOTHE PM ' 12A aCONOCOaPUTCHa�TTI p,' LEGaQ E"lEl 110-11 Oso AREEk _NE„A= - D ry Go s o Ea Ro RDD a�PIN .O.DwNoD T.NUE «E 11------ Nm SEE SHEET 13 FOR LINE�S3 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER "'°®� '"p°"m"2R°e�`5°m'`•�°'®^s mm CONDITIONALAPPROVED A269.94]ACRETRACTOFUllVD,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,13,14,PND15SECION34,ANDALSOPLLOFLOTS2, s a m V .............usn,Paais......................,............. ........... ........... ........... 3RECORD,OUSE ACTS IN VOLUME a M, BLUFF ANDENCNALFARM OCTOBER 94,2022 AND GARDEN TRACTS, ME"A",PAGES41-43,MAP s _ RECORDS,NUECFS COUNTY,TEXAS,CORPUS CHRISTI,TEXAS m u u DATE OF PRINT'.ORob—S 2022 SH III SHEET SHEET ETa �I LOCASCEFLTION sH a [oT3 SHEETe SHEET FR(RS)11D..ED*AITEIATE' C ss PROPOSED STORM SEWER MDMIED—El / HE HEETl ovT LECTFIC oau NPGE DiRECTON 1 /V" ' FEMA H0111,11 P / NEY 5979 �� 1ENEL EK L U' CREa ERTY ITHE 0'0THE UE AAl'ONT—aECRAHON-UIE Lso ao,so�T OzoORN rvErvlrvEAD'eC1 DETEaNt rvEDEev LL Ervi IIPtIwPH rvItoPUI POST PaoCEIIINI THE y NN T 01 CMIINED OF FACE OR unowry nEaEory Aa ONAVD ee DATUM,rvT AsaDETEa MIN IPI DEVELOPMENT REMENTDA'IDIEUPI AITHEIONINI MAY CODE A IT CHAN 11 n am sm ess�e nmcsz �v sss a sze�osw ns sTaEEr DEDCATorv. Ac REI of LAND rvCworvs G ACCORDINI TO AMA ILOOD INIURAME RATE MAP,PANEL 111-15111, DA 1 I ACCORDIN I TO THENATIONAL w TLANDs INVENTORY,POTENTIALTurvDI 'ETRON AIT-AT I ER 0Tg R AND IRK AEs swLL IE PAD PRIORE TO HE, PLAT RECORDATION 0"T �l ALL UTILITY AN D ENT ARY osVEULOCI 3NITILaHEDEirvA'LOl iI REEQUIREDTrvo A DEV LrvoLPME MT0 THE PM 1 mrvTirvsErvT TID 0 AN APPRE ov[D CH)looURRpL v T IT aTv of maPus CURIIH ON l 11 LEGaQ - -- rvry mEl CM Nrvore1-1—lED __________ xwa(sEE NmL z) 1 1II 11 .SFE1713 OF 13 EXHIBIT C Formerly:Jones Carter,Inc. QUIDDITY 4350 LocSan Selma,Te Suite 100 San Antonio,Texas 78249 Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-23290 Fax:210.494.5519 www.quiddity.com METES AND BOUNDS DESCRIPTION OF A 37.3523 ACRES OF LAND A Metes and Bounds description of a 37.3523 acre tract of land situated in the Enriquez Villareal Survey,Abstract Number 1,City of Corpus Christi,Nueces County,Texas;being a portion of Lots 8-10 in a deed to MPM Development LP recorded in Document No. 2022035657,O.R.N.C.T.,a portion of Lots 12-14 described in a deed to MPM Development LP recorded in Document No.2022024772, O.R.N.C.T.,a portion of a called 14.634 acre tract of land described in a deed to MPM Development LP,recorded in Document No. 2022025556,O.R.N.C.T.and a remaining portion of Lot 11 described in a deed to the City of Corpus Christi,recorded in Volume 2166, Page 458,Official Public Records,Nueces County,Texas(O.P.R.N.C.T.);and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found at the northeasterly corner of Starlight Estates Unit 1,recorded in Volume 69,Pages 35-36, O.P.R.N.C.T.and the northwesterly corner of the right-of-way for Starry Road; THENCE,North 89°47'13"East,51.65 feet over-and-across said Starry Road,a 40 foot wide right-of-way,to a point situated in the southwesterly right-of-way line of Yorktown Boulevard,variable in width; THENCE,along the common line of the southwest right-of-way of Yorktown Boulevard,said Lot 7,and said Lots 8-10,the following two (2)courses and distances: 1. South 61°14'46"East,1880.39 feet to THE POINT OF BEGINNING; 2. South 61°14'46"East,1215.58 feet to a point for corner at the tidal boundary of Oso Creek; THENCE,departing Yorktown Boulevard,South 28°40'55"West,2.21 feet to a point for corner in the tidal boundary of Oso Creek; THENCE,along the tidal boundary of Oso Creek the following eight(8)courses and distances: 1. North 78°26'03"West,15.35 feet to a point for corner; 2. South 82°29'26"West,75.66 feet to a point for corner; 3. South 75°31'30"West,127.93 feet to a point for corner; 4. South 41°28'06"West,221.61 feet to a point for corner; 5. South 03°45'31"West,107.40 feet to a point for corner; 6. South 10°21'30"West,451.87 feet to a point for corner; 7. South 11°50'06"East,313.31 feet to a point for corner; 8. South 05°31'29"East,80.06 feet to a point for corner; THENCE,over-and-across said Lot 11,said 14.634 acre tract and said Lots 12-14,North 83°19'58"West,1156.42 feet to a point of curvature; THENCE,along a proposed easterly right-of-way of Osito Way(60'wide)of Oso Creek Corner Phase 1(plat pending)the following five (5)courses and distances: 1. Along the arc of a curve to the left having a radius of 2060.01 feet,a central angle of 11°15'26",a long chord bearing of North 01°31'22" East,404.10 feet,and a total arc length of 404.75 feet,to a point of reverse curvature; 2. Along the arc of a reverse curve to the right having a radius of 1240.09 feet,a central angle of 32°51'24",a long chord bearing of North 12°19'32"East,701.43 feet,and a total arc length of 711.14 feet,to a point of tangency; 3. North 28°45'14" East,543.21 feet to a point of curvature; 4. Along the arc of a tangent curve to the right having a radius of 20.00 feet,a central angle of 90°00'00",a long chord bearing of North 73°45'14"East,28.28 feet,and a total arc length of 31.42 feet,to a point of tangency; 5. North 28°45'14" East,25.00 feet to the POINT OF BEGINNING,containing 37.3523 acre of land in Nueces County,Texas as shown on drawing filed under Job No.S0870-0123-00 in the office of Quiddity Engineering,San Antonio,Texas. 37.3523 Acres-Yorktown Zoning Exhibit Job No.S0870-0123-00-July 7,2023-Page 1 of 2 Formerly:Jones Carter,Inc. QUIDDITY 4350 Lockhill-Selma Rd.,Suite 100 San Antonio,Texas 78249 !!! Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-23290 Fax:210.494.5519 www.quiddity.com Note:This legal description has been prepared for zoning purposes only,this is not to be used for other purposes including land conveyance. The bearings shown hereon are Texas Coordinate System grid,South Zone(NAD'83),as determined by Global Positioning System(GPS). The unit of linear measurement is U.S.Survey Feet. Quiddity Engineering Texas Board of Professional Engineers and Land Surveyors Registration No.F-23290 a OF ao ...........................o...� TROY A. TR EAU ...........................6241 GH...�A Troy A robaugh . Q< 6241 Registered Professional Land Surveyor#6241 9Q� o.•..Ess+a,. SUR�a Signature Date: July 7,2023 �l�jpv 37.3523 Acres—Yorktown Zoning Exhibit Job No.50870-0123-00—July 7,2023-Page 2 of 2 EXHIBIT C \, THISIS NOT A LAND TITLE A SURVEY. THIS Z N EXHIBIT PREPARED FOR ZONING PURPOSES ONLY. °°N.°oz1°ss9°. eye \ \ 0 N. o° LP 00o ryo ionsM —0—NI ore 37.3523 ACRES r i ZONING EXHIBIT / ooc N.zaezozanz aa./ BEING 37.3523 ACRES OUT OF THE Pc. ...R EN RIQU EZ VI OF COR US SURVEY, A-1 CITV OF CORPUS CHRISTI \ NUECES COUNTV,TEXAS AGE 2023 �- PAGE 1 OF 1 / ooc N.QOI n ss'T.Ll -v �� QUIDDITY ZONING REPORT Case # 0623-01 Applicant & Subject Property City Council District: 5 Owner: MPM Development, LP, Corpus Christi Independent School District, and the City of Corpus Christi. Applicant: MPM Development, LP. Address: 8101 Yorktown, located along the south side of Yorktown Boulevard and the east side of Starry Road. Legal Description: See Metes and Bounds (Attachment B). Acreage of Subject Property: 261.30 acres. Pre-Submission Meeting: February 24, 2023. Zoning Request From: "FR" Farm Rural District, "RE" Residential Estate District. To: "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Purpose of Request: To allow for a mixed-use development to include retail pads (-9.2 acres), multifamily (-27.3 acres), single-family (-51.5 acres), and a school site (-40 acres). Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "FR" Farm Rural "RE" Vacant Agriculture Public Flood Plain Conservation, Site Residential Estate Semi-Public Medium-Density Residential "CG-2" General Vacant Agriculture Estate Flood Plain Conservation, North Commercial Residential, Commercial Medium-Density Residential, Commercial South Conservation/Preservation, Flood Plain Conservation "RS-6" Single-Family 6 Water East (Oso Creek) Water Vacant Low-Density Flood Plain Conservation, West "RS-4.5" Single-Family 4.5 Residential Medium-Density Residential Plat Status: Not platted. An Application for Land Subdivision has been received by Development Services and is in the process of revisions. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Yorktown Street Boulevard "A3" Primary -Arterial 6 Lanes, 2 Lanes, Dived 130 feet 40 feet Zoning Report Page 2 Bond 2020 —Yorktown Boulevard (Project No. 21066): Street reconstruction from Rodd Field Road to Oso Creek Bridge. The anticipated construction start date is June of 2023 with anticipated completion by July 2026 and a total project value of $21.76 Million. The street section is to include 130' ROW, four (4) 12' lanes with a 16' median. Additionally, both sides of the road street section include 5' sidewalks, a 6' Cycle track, and a 6' grass buffer. Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: A One-Way Cycle track is proposed on both sides of Yorktown Boulevard parallel to the entire subject property. Utilities Gas: A High Pressure 8" WS line along Yorktown Boulevard. Stormwater: None. Wastewater: A 12" PVC line along Starry Road. Water: A 43" SP line along Yorktown Boulevard. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: Proposed 12-inch water lines (See Attachment D) Plan: Proposed 10" PVC lines (See Attachment D) Stormwater Master Plan: None. Public Notification Number of Notices Mailed . 50 within a 200-foot notification area • 4 outside 200-foot notification area In Opposition . 0 inside the notification area • 0 inside the notification area • 0% in opposition within the 200-foot notification area (0 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: June 14, 2023 City Council 1St Reading/Public Hearing Date: August 22, 2023 City Council 2nd Reading Date: August 29, 2023 Zoning Report Page 3 Background: The City of Corpus Christi, the Corpus Christi Independent School District (CCISD), and MPM Development have come to an agreement to rezone the subject property. A portion of the lot is being developed as a CCISD elementary school. MPM Development will pursue future commercial and residential developments. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. o Zoning, Land Use, and Urban Design ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Future Land Use Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Flood Plain Conservation, Medium-Density Residential. • Area Development Plan (Southside): The proposed rezoning is consistent with the following: o Policy Initiatives: ■ Promote land development that enhances the character and opportunities in the Southside. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is inconsistent with the Future Land Use Map which calls for most of the land to be preserved for environmental reasons as the property lands within the 100-year flood plain. However, the area has been home to a shooting range for past decades. Large portions of the subject property are owned by the City of Corpus Christi and were to be home to a proposed wastewater treatment plant. • The subject property is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan such as transitions between land uses and locational needs for public semi-public uses. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Zoning Report Page 4 Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (June 14, 2023): Approval of the change of zoning from the "F" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Attachments: A. Zoning and Notice Area Map B. Metes and Bounds C. Site Map Zoning Report Page 5 ATTACHMENT A: ZONING AND NOTICE AREA R h+fi `a2 G G. 2 RS -6 C %t 7 RS-4. 5 ' ■� III ■I SilSJECT ■ I �Y, 10 'ROPER,' ■■ I ■ RS- 6 �F I IIS III ■■■ ■■ � 15 I /■ �I I j '"" /■ ■ ■� III ■ ■■■■ ■■ ,. I` �!� ■ ■ I r r RS - 6 ■I ■ I 1 CASE: 0623-01 Zoning and notice Area #�17 RUA WuXll IN 1 _wl:':I„Ju Klm RM-2 V.Mm R+3 IH Hrry 4'r}ayrW RW-0 WnlWndlp7 PLU IPwnddtml[DV ChrNy .. ON Pyufwskwry CyRkr MAO 5WgW-F"y 10 RUAT WWdl"Mf AT R34 96.�F-WIrd 0141 N"ftlxwwl C4Iiy/nY�9Y R34i SftkFr ly1.5 0143 IIYyy`tafh-dCtwrrw�tlY RS-TF TwaFWNy CR-1 R—tCrt � REA5 SWglW F"y 11 CA-1 Rwue C.omrrrW RERaYdy 6yoW C6-1 CirIrlY Coriwr.^JY ggll{ Tc:arh wra 02-2 G—d CrrM iw 9? Sa l l F*rAH GI InrrW r C�fmfdw ft Rr—dtl W OMW*Perk CRU P_�R'IX+M5 Q&hU 'tW RWH MMaNcarW Hw FR HFwAyywlc k0, _ H CMrifry BP &. 1 6 Prk �sWwy r+n�*r !sew, urs]IOPb�s'hr a Wxa.• Cit* of Esiri.HER._ + w.»w v.•..�rea Wnr /4� mw. coypu% VacAPO d4fAP Chf➢_sd Zoning Report Page 6 ATTACHMENT B: METES & BOUNDS x VR� - Lj , M z 4v 16 All 'All s,7 ,'j%T 44 0/1 zy 40 51 A �k�m Zoning Report Page 7 ATTACHMENT C: SITE MAP (1 OF 2) LEGEND ° a.r..rrwwow Ewee---- T-7 - oM was _ it S [tEFAJAICI'-05 1l PS95 �I, SINGLE FMAILY 5' us v e ,j 31NGLEF ILY a. SNGLEFAM Y45 I �wa o nl°e,a &vng Zone L°I� IFarm Irural o.:I�a LPI z 'Farm Rural wawa IFarm P°ral oEmn i,s '.¢enaem�s a:woe olmltt m,5 harm neral Dema P.p—d Zoning el Knh,xnoud e�rnn,exial ofZ IGenereV Lommerlrsl L°,3 N°ipFb m �,°mm°r�l°I OSO CREEK DEVELOPMENT L°t4 _Sing F Iy AS-____ °,5 Is, Ip.Faml as MAP ZONING EXHIBIT sl„els F�rrvvas °” ,I-811 amly°s - - FEBRUARY 9,2023 4 Kimley>»Horn Zoning Report Page 8 ATTACHMENT C: SITE MAP (2 OF 2) iNj k J, y w r , o• , a. as: s V w wa u ci o= w N Q amu' �mN mU � a'zrvi � ♦tn K � � w w ¢ o O W J a O3V5 w O � a � N N 0 Zoning Case 0623-01 MPM Development, LP Corpus Christi ISD 0 o City of Corpus Christi ° 000 DISTRICT 5 Rezoning for a property at a o 8101 Yorktown Boulevard ® MWEC T ®� PG30OPC From "FR" and "RE„ s To the "RS-4.5", "CN-1" & "CG-2" 0 0 PROPERTY I� ES6.HER C = �ocanonr hnvi City Council August 22, 2023 Zoning and Land Use Proposed Use: To allow for a mixed-use development to include retail pads (-9.2 acres), multifamily (-27.3 acres), single- - — family (-51.5 acres), and a school site(-40 acres). Area Development Plan: YOGdG3iPOWMBOOULEVARD � Southside w Future Land Use Map: Flood Plain Conservation, Medium-Density Residential Existing Zoning: a 1 "FR" Farm Rural, "RE" Residential Estate Q .L,`• 1 � 01 Adjacent Land Uses: North: Vacant, Agriculture, Public Semi-Public, Zoned "CG-2" :{ South and East: Conservation/Preservation, Water, Zoned "RS-6" • West:Vacant, Low-Density Residential, Zoned Proposed Site Plan p. SUMMARY DATA TABLE AY, 21 -E= ®ti� SITE PLAN AUGUST 2021 YORKTOWN BOULEVARD,CORPUS CHRISTI Kimley*Hom Public Notification 50 Notices mailed inside the 200' buffer CG-2 4 Notices mailed outside the 200' buffer RS 6 2� Notification Area RS-..s a 10 Opposed: 0 (0.00%) Separate Opposed Owners. 0 Ko 31 � 6 2 RS-6 In Favor: 0 (0.00%) q 15 N "Notified property owner's land in SQF/Total square footage of all property in the notification area = Rs•s Percentage of public opposition. Staff Analysis And Recommendation • The proposed rezoning is inconsistent with the Future Land Use Map which calls for most of the land to be preserved for environmental reasons as the property lands within the 100-year flood pain. However, the area has been home to a shooting range for past decades. Large portions of the subject property were previously owned by the City of Corpus Christi and were to be home to a proposed wastewater treatment plant. • The subject property is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan such as transitions between land uses and locational needs for public semi-public uses. Planning Commission & Staff Recommendation (June 14, 2023): Approval of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. a . aR� N SUB,lEC�T On F s 1 CASE: 0623-01 N W-* Aerial View S ® Subject Property 4 F-I P�ROP'ERTY ■■►1■ City of Esri, HERE Corpus LOCATION MAP Christi so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Action Item for the City Council meeting of August 22, 2023 1852 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2601 Approval to accept and appropriate a grant from the Motor Vehicle Crime Prevention Authority to continue the activities of the Auto Theft Task Force in the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of $822,431 with a City cash match of $169,372 and an in-kind match of $714,806, for a total project cost of $1,706,609 for salaries, overtime, and fringe benefits for four sworn officers three civilians (authorizing two additional general fund positions), and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $822,431 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of the grant funds from the Motor Vehicle Crime Prevention Authority for the Corpus Christi Police Department (CCPD). The grant funds will go toward salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force's program. It also designates the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or Director of Finance's designee as financial officer for this grant. BACKGROUND AND FINDINGS: The City of Corpus Christi has been awarded funding from the Motor Vehicle Crime Prevention Authority (MVCPA) to continue the Motor Vehicle Theft Unit in the Police Department. The MCVPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of$4 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The amount awarded to the City is based upon the number of auto thefts in the area and the performance of the Auto Theft Task Force's program. The unit focuses not only on detection and apprehension of stolen and burglarized vehicles, but also on the automotive businesses in the City and County in order to reduce the sale of stolen vehicles and parts. CCPD reports stolen vehicles in the Texas Crime Information Center(TCIC),which is then shared with the National Crime Information Center (NCIC). Both TCIC and NCIC provide immediate access to vehicle data for law enforcement agencies researching the status of the stolen vehicles. As part of the grant's requirements, there is an extensive public awareness campaign process put on by the Motor Vehicle Theft Unit. The public awareness campaign includes public outreach events, media interviews, public presentations, sign and bus wrap campaigns, social media campaigns, and other crime prevention initiatives. The ultimate purpose of the various public awareness campaign activities is to reduce victim-assisted auto crime. Examples of victim-assisted auto crimes include leaving cars unlocked, leaving keys in vehicles, and leaving valuable items inside vehicles, especially in plain sight. The grant provides funds for one Lieutenant to supervise the Auto Theft Task Force unit, consisting of three additional sworn CCPD officers and three civilians (seven total employees). This year's grant award increases the number of sworn officers in the unit by one (from three to four) and the number of civilians in the unit by one (from two to three). As part of the Auto Theft Task Force unit, the civilians conduct data analysis, crime analysis, manage the required public awareness campaign, provide customer service to victims of auto crime, and maintain grant paperwork. The General Fund match is for vehicle maintenance on nine vehicles, unit operating expenses, training, and for salary, benefits, and overtime of four additional sworn officers who currently work in the auto theft and auto burglary bureau. In-kind contributions include a copy machine and office space. The grant requires designating the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or the Director of Finance's Designee, as financial officer for this grant. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end. The City must reapply each year because the MVCPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. This year's grant period is from September 1, 2023 through August 31, 2024. The City has received the grant for 24 years. Last year, the City received $429,518. The City must apply for these funds each year. ALTERNATIVES: The alternative is not to accept the grant. However, if the grant is not accepted and appropriated, funding for the Auto Theft Task Force will be lost or reduced. This will result in less law enforcement activities being put toward decreasing auto thefts in and around Corpus Christi. It will also mean that it is less likely that the City will receive this grant in the future. FISCAL IMPACT The Police General Fund will provide a cash match of$169,372 for unit operating expenses, training, and supplies and an in-kind contribution of$714,806 for sworn officers' salaries/benefits, overtime and supplies. The City cash match for FY 2023 is $14,114 for one month and is available in the FY 2023 Police Department General Fund. For FY 2024, $155,258 is included in the proposed FY 2024 Police Department General Fund. Funding Detail: FY 2023 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Department: 29 Project # (CIP Only): N/A Account: Various Amount: $14,114.00 FY 2024 Fund: 1061 Police Grants Fund Organization/Activity: 89 Department: 29 Project # (CIP Only): N/A Account: Various Amount: $822,431.00 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Department: 29 Project # (CIP Only): N/A Accounts: Various Amount: $155,258.00 RECOMMENDATION: Staff recommend accepting and appropriating the grant award and also designating the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or Director of Finance's designee as financial officer for this grant, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$822,431 with a City cash match of $169,372 and an in-kind match of $714,806, for a total project cost of $1,706,609 for salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $822,431 in the Police Grants Fund. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and WHEREAS, City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Chief of Police is allowed to execute all documents necessary to accept a grant from the Motor Vehicle Crime Prevention Authority (MVCPA) in the amount of $822,431 .00 to continue the Auto Theft Task Force unit activities within the Police Department for Year 24, with a City cash match of $169,372.00 and in-kind contribution of 714,806.00, for a total project cost of $1 ,706,609.00 to fund four sworn officers and three civilians. SECTION 2. That $822,431 .00 from the MVCPA is appropriated in the No. 1061 Police Grants Fund to fund four sworn officers and three civilians and continue the motor vehicle theft enforcement grant within the Police Department. SECTION 3. That the Chief of Police is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority grant program and all other necessary documents to accept said grant. SECTION 4. That the Deputy Chief of Police of the Criminal Investigations Division is designated as the Program Director, and the Director of Finance or the Director of Finance's designee is designated as the Financial Officer for this grant. SECTION 5. That in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 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 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 the day of , 2023: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor r I Texas Department of Motor Vehicles W HELPMNG TEXANS GO,HELPING TEXAS GR04'. Watch Your Car Motor Vehicle Crime Prevention Authority FY2024 Grant Award Notification, Application Review and Request to Negotiate July 31, 2023 Greetings: The Motor Vehicle Crime Prevention Authority (MVCPA) met on June 15th, 2022, and issued an FY2024 New Taskforce Grant Award to the City of Corpus Christi in response to the application that was submitted by The Application was submitted by Mike Markle at 5/12/2023 12:57:36 PM. FY24 Grant Award Amount $822,431 Grant Amount Requested $822,431 Difference between request and award amount is 0 Proposed FY2024 Cash Match in Application $169,372 Minimum Amount of Cash Match Required to receive this Award $169,372 The City of Corpus Christi submitted the original grant applications in the on-line system at https://mvcpa.tamu.edu/.To receive a Statement of Grant Award the grant application must be adjusted to ensure that the application budget is changed to reflect the actual award and match indicated above. There may be some errors,omissions, corrections or other information that must be edited prior to the Statement of Grant Award being issued. A grantee representative must log back into the on-line system at https://mvcpa.tamu.edu/and edit the Negotiated Application Link.The edits must change the budget and match to be the same as the award and cash match amounts. Budget support tables must be updated also. In addition to changing the budget and budget narrative to meet the program costs stated above there are issues identified by MVCPA Board members and staff during the review that the Applicant must address: Required Corrections or Deletions • Budget o Please move EDUCATION + LONGEVITY + SPECIALIZATION + CERTIFICATION + PLAIN CLOTHING ALLOWANCE + UNIFORM CLEANING ALLOWANCE from Personnel to Fringe per a change in Corpus Christi's internal expense reporting practice. o Please provide additional detail for maintenance mapping agreements so MVCPA can review and determine if it is a specific cost to the Taskforce or general cost of government. o Please provide additional information and a cost breakdown for Self-Insurance and Other Benefits under fringe to determine if these should be under fringe, in another budget category and is an allowable expense. o Please provide additional information and a cost background to Covert Tracker to determine if this is a single item that should be categorized as equipment or multiple items which would be under the threshold and could be under Supplies and DOE. • Need/Specific/Impactful o Consider providing how Burglary from a motor vehicle affects the community in Section 2.1. Mention how the losses cause a harm to the community. • Applicant Pervious Performance Measures o Some performance data as reported in FY23 Progress reports could indicate data from other division within the Corpus Christi Police Department. When reporting performance in FY24, please ensure that data for recoveries, arrests, and cleared cases are reported within MVCPA guidelines. 4000 Jackson Avenue—Austin,Texas 78731—512/465-1485—Fax 512/465-3775 www.txwatchyourcar.com Score Table The table below provides the score review section,the corresponding application sections,the points available for each section and the submitted grant application score: GRANTEE Grant App Section Reviewed to Score Points Section Available Score Q1. Budget R&A Grant Budget Form 4 3.2 Q2. Budget Match Grant Budget Form 3 2.4 Q3. Budget Explained Grant Budget Form 3 2 Q4. Need Objective. BMV Grant Problem Statement DPS Data 10 7 Q5. Need Subjective. BMV Grant Problem Statement Sections 2.1&2.4 25 25 Q6. Need Obj. MVT Grant Problem Statement DPS Data 10 8.4 Q7. Need Sub. MVT Grant Problem Statement Section 2.2&2.4 6 4.2 Q8. Reason, Real.Time. Explained Grant Goals and Activities Part 1 Section 3.1&3.2 4 3.4 Q9. Awareness/Crime Prevention Grant Goals and Activities Part 1 Section 3.3 3 2.6 Q10. Avoid overlap/collaboration Grant Goals and Activities Part 1 Section 3.4 3 2.6 Q11. Evaluation Grant Goals and Activities Part 2—SGA and Section 4.1 4 4 Q12. Previous Performance 25 16.2 Overall Total from Score System 100 66.83333 (may not total as presented) Dark Green=Excellent Green=Good Yellow=Marginal Red=Poor Instructions Please log in to https://mvcpa.tamu.edu/ and select under Application Negotiation the Edit Application link. You may then edit the document and make required or needed changes.Specific budget line items that must be modified or have questions answered will be colored yellow in the budget line item edit screens(click on blue budget category items link to see specific line items of costs). You may schedule a teleconference appointment with MVCPA staff by sending an e-mail to grantsMVCPA@txdmv.gov to discuss any issues or request assistance with the grant application, required changes, or the negotiation process. so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 Action Item for the City CouncilMeeting g Mtin August 29, 2023 1852 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief Brand onW(a-)-cctexas.com (361) 826-3932 Josh Chronley, CTCD, Assistant Director of Finance & Procurement JoshC2(a-)cctexas.com (361) 826-3169 Service Agreement for Light Fleet Vehicle Repair and Service the Corpus Christi Fire Department CAPTION: Motion authorizing a one-year service agreement, with two one-year options, with Sylvia Ann Barton dba Leroy and Richards Automotive, of Corpus Christi, for light fleet vehicle repairs and service for the Corpus Christi Fire Department, with a one-year amount not to exceed $67,485.00 and a potential total amount not to exceed $202,455.00 if both one-year options are exercised, with FY 2023 funding of$5,625.00 from the General Fund. SUMMARY: This motion will authorize a one-year agreement with two one-year options for light fleet vehicle repair services for the Corpus Christi Fire Department (CCFD). Light vehicle repair services include minor preventive maintenance such as oil and filter changes, air conditioning servicing as well as required state inspections. BACKGROUND AND FINDINGS: CCFD currently has a fleet of over 140 vehicles that are utilized for daily operations. Of the 140 vehicles, 57 of them are light fleet vehicles which includes 19 Medic units. These light fleet vehicles include vehicles used by the Fire Chief, Deputy Fire Chief, Assistant Chiefs, Battalion Chiefs, Fire Captains, and Firefighters. The Fire Chief, Deputy Chief, Assistant Chiefs, and Battalion Chiefs use the light fleet vehicles as their daily service vehicles. Firefighters use the light fleet vehicles when working in special support roles such as delivering emergency medical services supplies and equipment to fire stations. Light fleet vehicles are also used by arson investigators, fire inspectors, training staff, and civilian shop personnel. CCFD currently has one full-time mechanic and one superintendent assigned to service its light fleet vehicles. In order to supplement the maintenance of light fleet vehicles in day-to-day operations, it is necessary to obtain an outside automotive repair and service company to perform service work. A third-party automotive repair and service company allows for expedited completion of service and repairs and recurring state inspections. The previous agreement from 2022 was a one-year service agreement with two one-year options with Apollo Diesel & Automotive, LLC. in an amount not to exceed $71,649.90 and a potential amount not to exceed $214,949.70 if the two one-year option periods were exercised. However, Apollo Diesel & Automotive, LLC. was unable to keep up with CCFD's light fleet vehicle needs. On multiple occasions, units had to be returned for incomplete work or mis-repairs. Their poor performance continued for several months until the City sent a non-compliance letter. Upon no remediation by Apollo Deisel & Automotive, LLC., the City terminated the agreement. CCFD did have a previous agreement in 2019 with Leroy and Richards Automotive for light fleet vehicle repair. Leroy and Richards Automotive has been very responsive to CCFD's needs and understands the importance of CCFD's equipment and mission to be reliable and efficient. They have done a remarkable job in keeping up with CCFD's demands for service. They produce high- quality work with little to no errors. Besides its services for the City, Leroy and Richards Automotive has done light fleet vehicle repair work for C&I Electrical, Gill's Landscaping, and Tico Insulation. Leroy and Richards Automotive is highly recommend by their references and CCFD. Because of the terminated contract with Apollo Diesel & Automotive, CCFD currently does not have a contract for light vehicle repairs and service. PROCUREMENT DETAIL: The Finance & Procurement Department conducted a competitive Request for Bids (RFB) process to obtain bids. The City received two responsive, responsible bids and staff is recommending the award to Leroy and Richards Automotive as they were the lowest responsive, and responsible bidder. The previous agreement from 2022 was a one-year service agreement with two one-year options with Apollo Diesel & Automotive, LLC. in an amount not to exceed $71,649.90 and a potential amount not to exceed $214,949.70 if the two one-year option periods were exercised. However, Apollo Diesel & Automotive, LLC. was unable to keep up with CCFD's light fleet vehicle needs. On multiple occasions, units had to be returned for incomplete work or mis-repairs. Their poor performance continued for several months until the City sent a non-compliance letter. Upon no remediation by Apollo Deisel & Automotive, LLC., the City terminated the agreement. CCFD did have a previous agreement in 2019 with Leroy and Richards Automotive for light fleet vehicle repair. Leroy and Richards Automotive has been very responsive to CCFD's needs and understands the importance of CCFD's equipment and mission to be reliable and efficient. They have done a remarkable job in keeping up with CCFD's demands for service. They produce high- quality work with little to no errors. Besides its services for the City, Leroy and Richards Automotive has done light fleet vehicle repair work for C&I Electrical, Gill's Landscaping, and Tico Insulation. Leroy and Richards Automotive is highly recommend by their references and CCFD. Because of the terminated contract with Apollo Diesel & Automotive, CCFD currently does not have a contract for light vehicle repairs and service. ALTERNATIVES: The alternative to the proposed agreement for light fleet vehicle repair services is not to approve the proposed agreement and to continue servicing all CCFD light fleet vehicles through CCFD's Fleet Maintenance division; however, doing so will cause delays to CCFD daily operations. FISCAL IMPACT: The fiscal impact for CCFD in FY 2023 is an amount of$5,625.00 which will be paid through the General Fund. The remaining costs of $61,860.00 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12050 Fire Apparatus & Shop Mission Element: 093 Emergency Response Project # (CIP Only): N/A Account: 530100 Vehicle Repair Amount: $5,625.00 RECOMMENDATION: Staff recommends approval of the motion authorizing a one-year service agreement with two one-year options for Leroy and Richards Automotive, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement X578 � City of Corpus Christi Bid Tabulation p°. Finance-Procurement Department RFB No.4864 �� Buyer:Liza Elizalde Light Vehicle Repair and Service for Fire Department l8•i,E *Leroy and Richards *Apollo Diesel& Automotive of Corpus Automotive LLC of Christi,Texas Corpus Christi,Texas ITEM DESCRIPTION UNIT 1-YR QTY Unit Price Extended Price Unit Price Extended Price 1 Labor Rate HRS 250 $ 100.00 $ 25,000.00 $ 85.00 $ 21,250.00 2 Computer Diagnostic Fee(per unit) EA 150 $ -0- $ -0- $ 50.00 $ 7,500.00 3 State Inspection Fee EA 90 $ -0- $ -0- $ 7.00 $ 630.00 4 21 Point Inspection EA 150 $ -0- $ -0- $ {} $ -0- 5 Oil Change 5 Qts SAE oil/filter EA 36 $ 50.00 $ 1,800.00 $ 49.99 $ 1,799.64 6 Oil Change 6 Qts SAE oil/filter EA 28 $ 55.00 $ 1,540.00 $ 59.99 $ 1,679.72 7 Oil Change 7 Qts SAE oil/filter EA 100 $ 60.00 $ 6,000.00 $ 69.99 $ 6,999.00 8 Oil Change 5 Qts Synthetic oil/filter EA 24 $ 55.00 $ 1,320.00 $ 69.99 $ 1,679.76 9 Oil Change 6 Qts Synthetic oil/filter EA 12 $ 60.00 $ 720.00 $ 79.99 $ 959.88 10 Oil Change 7 Qts Synthetic oil/filter EA 3 $ 65.00 $ 195.00 $ 89.99 $ 269.97 11 Oil Change 14 Qts Synthetic oil/filter EA 7 $ 130.00 $ 910.00 $ 139.99 $ 979.93 Total Parts Total Parts ITEM DESCRIPTION UNIT 1-YR QTY %Mark Up Price with %Mark Up Price with Mark Mark Up Up 12 Parts-Mark Up based on cost of parts % $ 20,000.00 50% $ 30,000.00 40% $ 28,000.00 Total Price for 1 Year $ 67,485.00 $ 71,747.90 *-0-indicate no charge from Contractor Page 1 of 1 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 se 00 � o� � SERVICE AGREEMENT NO. 4864 U Light Vehicle Repairs and Service for Fire Department yeapaonn!e 1852 THIS Light Vehicle Repairs and Service for Fire Department Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Sylvia Ann Barton dba Leroy and Richards Automotive ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Light Vehicle Repairs and Service for Fire Department in response to Request for Bid/Proposal No. 4864 ("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 Light Vehicle Repairs and Service for Fire Department ("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 two additional one-year 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:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 3. Compensation and Payment. This Agreement is for an amount not to exceed $67,485.00, 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: Tracey Escalante Department: Fire Department Phone: 361-826-3994 Email: TraceyECcctexas.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:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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 will not enter into subcontracts or utilize the services of subcontractors. 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: Tracey Escalante Title: Contracts/Funds Administrator Address: 2406 Leopard St., Suite 300, Corpus Christi, Texas 78408 Phone: 361-826-3994 Fax: 361-826-4566 IF TO CONTRACTOR: Sylvia Ann Barton dba Leroy and Richards Automotive Attn: Sylvia Ann Barton Title: Owner Address: 5544 Kostoryz Rd., Corpus Christi, Texas 78415 Phone: 361-853-0423 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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 Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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 Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 CONTRACTOR DocuSigned by: Signature: ®, Printed Name: S1via Ann Barton Title: owner Date: 8/8/2023 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. 4864 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:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide light vehicle repairs and services to Fire Department staff vehicles as outlined in this Scope of Work and listed in Exhibit 1 . Vehicles are categorized in two groups: Category 1 - up to 9,000 lbs. GVWR and Category 2 - 9,001 to 19,000 lbs. GVWR as listed in Exhibit 1 . Scope of Work A. Contractor shall assure Fire Department units will receive priority over other vehicles being serviced. B. Contractor shall conduct State Inspections for CCFD units on site and have a dedicated State Inspector licensed and employed full time at the place of business to perform State inspections. C. No off-site State Inspections or repairs will be permitted. D. Contractor must have been in the vehicle repair business at the same location for a minimum of 5 years and have Signs on the building or property identifying it as a place of business. E. Have an air-conditioned waiting area for customers to wait for their vehicles being worked on. F. Contractor must have adequate space in and around the shop to work on CCFD equipment in a safe manner with adequate lighting, ventilation and free from trip hazards and other obstacles to avoid damage and/or injury to our personnel and equipment. G. Contractor must be able to provide computer diagnostics on CCFD units. H. Contractor shall provide the following services to Staff, Command Staff, and Ambulance units: a. Air conditioning and heating system diagnostics and repair. b. Complete brake system diagnostics and repair. c. Front suspension and rear suspension (shocks, struts, ball joints, bushings). d. Complete electrical system diagnostic and repair. e. Engine tune ups (plugs, wires, etc) f. Engine cooling system diagnostics and repair (belts, hoses, water pumps, etc) g. Drive line and axle diagnostics and repair (drive shafts, half shafts, differential's, CV-joints, U-joints, hub and wheel bearings) Page 1 of 5 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 h. Drivetrain repair and replacement (engine, transmission, and axle). L Complete fuel system diagnostics and repair J. Complete engine management systems diagnostics and repair (check engine light and evaporator/environmental systems). I. When mechanical services are provided, the Contractor shall conduct a 21- point inspection see Section 4.3. This service is done each time any unit comes in for service. J. Contractor shall provide invoices weekly to account payable with a copy of the invoice to Fire Department. 21 Point Inspection 21-point inspection consists of: 1 . Check tire pressure and tread depth 2. Brake fluid level (if level is low, unit will need brake inspection) 3. Visual inspection of exhaust system (holes, leaks, or loose components) 4. Check and fill windshield washer fluid 5. Visual inspection of shocks and struts (leaking oil, loose bolts, bad bushings) 6. Check oil level 7. Check steering system 8. Inspect under carriage (leaks or drips) 9. Visual inspection of belts 10.Check and lube lubrication points 1 l .Visual inspection of hoses 12.Check coolant level 13.Visual inspection of tires (crack, splits, gauges) 14.Check coolant protection level 15.Check air filter and housing 16.Check acid base concentration of coolant 17.Check power steering fluid level 18.Check turn signals (operation and bulbs) 19.Check transmission fluid level 20.Check all lights 21 .Check drive axle condition (front wheel drive) and differentials and transfer case (4 wheel drives) Page 2 of 5 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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. Warran A. If automobile mechanical service rendered fails to perform satisfactorily from the date of invoice, then the same service as covered by original invoice will be rendered to the degree necessary to correct the faulty performance at no additional cost. B. Limited Lifetime Warranty does not apply to wears and tears. Items include brake pads, fluid changes, batteries, and similar items. C. 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. D. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. Special Instructions A. Vehicle repairs shall be serviced within half of normal business day unless parts need to be ordered or service requires extensive repairs that would normally require more than a day to complete. B. Repair hours to be based on Mitchel 1 labor guide. C. Contractor must provide receipt for cost of parts upon request. D. Contractor must be able to provide quote for labor and parts prior to starting repair. Page 3 of 5 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 Exhibit 1 Year Type Description Year Type Description 2000 Van Ford Wagon 15 Pass. 2008 Pick-up Ford F-150 Crew Cab XLT 2008 Pick-Up Ford F-150 Crew Cab 2008 SUV Ford Escape 2014 SUV Chevy Tahoe 2008 SUV Ford Escape 2014 SUV Chevy Tahoe 2008 SUV Ford Escape 2003 Pick-Up Ford F-250 2008 SUV Ford Escape 2014 SUV Chevy Tahoe 2009 Car Ford Focus 2017 Car Ford Fusion S Hybrid 2009 Pick-Up Ford F-150 2003 Pick-Up Ford F-250 2010 Brush Trk. Dodge 5500 Brush Truck 2017 Car Ford Fusion S Hybrid 2010 Brush Trk. Dodge 5500 Brush Truck 2005 Van Ford 15 Passenger Van 2014 SUV Ford Explorer 2017 Car Ford Fusion S Hybrid 2014 SUV Ford Explorer 2017 Car Ford Fusion S Hybrid 2009 Car Ford Focus 2017 Car Ford Fusion S Hybrid 2009 Car Ford Focus (Red Vehicle) 2017 Car Ford Fusion S Hybrid 2010 1 Brush Trk. Dodge 5500 Brush Truck 2003 Pick-Up Ford F-250 2019 SUV Tahoe 2004 SUV Ford Expedition 2019 SUV Tahoe 2004 Pick-Up Ford F-250-w/Tommy Lift 2019 SUV Tahoe 2005 Pick-Up Ford F-250 w/Tommy Lift 2019 SUV Tahoe 2008 SUV Ford Escape 2019 SUV Tahoe 2008 Pick-Up Ford Ranger 2019 SUV Tahoe 2005 Pick-Up Ford F-350 Dually 2019 SUV Tahoe 2005 Pick-Up Ford F-350 Dually 2019 SUV Tahoe 2005 Pick-Up Ford F-250 Crew Cab 2019 SUV Tahoe 2005 Pick-Up Ford F-250 Crew Cab 2019 SUV Tahoe 2005 Pick-Up Ford F-250 Crew Cab 2018 Ambulance Chevrolet 3500 (Frasier) NEW 2005 Pick-Up Ford F-150 Crew Cab 2007 Ambulance Chevrolet C-5500 2005 Pick-Up Ford F-150 Crew Cab 2019 Ambulance Chevrolet 3500 Frazer 2005 Pick-Up Ford F-150 Crew Cab 2002 Pick-Up Ford F-250 2013 SUV Chevrolet Tahoe 2014 SUV Chey Tahoe 2006 Pick-Up Ford Ranger 2018 Ambulance Dodge 4500 (Wheelcoach) 2006 Pick-Up Ford Ranger 2012 Ambulance Chevrolet 3500 (Frasier) 2018 Pick-Up Ford F-150 2008 Ambulance F350 Ford (Wheelcoach) 2006 Pick-Up Ford F-250 Crew Cab 4X4 2015 Ambulance Chevrolet 3500 (Frasier) 2007 SUV Ford Explorer 2018 Ambulance Chevrolef 3500 (Frasier) NEW 2007 Pick-Up Ford Ranger 2010 Ambulance Dodge 3500 (Frasier) 2007 Pick-Up Ford Ranger 2016 Ambulance Chevrolet C-3500 (Frasier) 2008 Pick-Up Ford F-350 Dually-Super Duty 2009 Ambulance Dodge 4500 (Wheelcoach) 2008 Pick-Up Ford F-150 Crew Cab XLT 2009 Ambulance Dodge 4500 (Wheelcoach) 2008 Pick-Up Ford F-150 Crew Cab 2011 Ambulance Chevrolet 3500 (Frasier) Page 4 of 5 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 Exhibit 1 Year Type Description 2011 Ambulance Chevrolet 3500 (Frasier) 2011 Van Toyota Sienna 2011 Ambulance Chevrolet 3500 (Frasier) 2013 Ambulance Chevrolet C-3500 (Frasier) 2013 Ambulance Chevrolet C-3500 (Frasier) 2015 Ambulance Chevrolet 3500 (Frasier) 2016 Ambulance Chevrolet C-3500 (Frasier) 2015 Ambulance Chevrolet C-3500 (Frasier) 2015 Ambulance Chevrolet C-3500 (Frasier) 2018 Ambulance Chevrolet 3500 (Frasier) NEW 2019 Ambulance Dodge 4500 (Wheelcoach) 2018 Van Ford Transit Page 5 of 5 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 ATTACHMENT B: BID/PRICING SCHEDULE �ogyusc�� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM NORPnPPS EQ. 1852 RFB No. 4864 Light Vehicle Repairs and Service for Fire Department Date: 06/27/2023 PAGE 1 OF 1 RICHARD BARTON Authorized 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 Yr. 1 Qty Unit Price Total Price 1 Labor Rate HR 250 100 2500 2 Computer Diagnostic Fee (per unit) EA 150 0 0 3 State Inspection Fee EA 90 0 0 4 21 Point Inspection EA 150 0 0 5 Oil Change 5 Qts SAE oil/filter EA 36 50 1800 6 Oil Change 6 Qts SAE oil/filter EA 28 55 1540 7 Oil Change 7 Qts SAE oil/filter EA 100 60 6000 8 Oil Change 5 Qts Synthetic oil/filter EA 24 55 1320 9 Oil Change 6 Qts Synthetic oil/filter EA 12 60 720 10 Oil Change 7 Qts Synthetic oil/filter EA 3 65 195 11 Oil Change 14 Qts Synthetic oil/filter EA 7 130 910 Item Description Unit Yr. 1 Qty %Markup Total Parts Price with Marku 12 Parts-Mark up based on cost of parts % $20,000 30,000 Grand Total Year-1 67,485 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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 Commercial General Liability Including: $250,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE $350,000 COVERAGE including: Actual Cash Value of Vehicles While in Physical Damage on a Direct Primary Care, Custody or Control Basis 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. 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 Page 1 of 3 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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 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 Page 2 of 3 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 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 bonds are required for this Agreement. 2022 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services -Services Performed Offsite 3/15/2022 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:3B91 D56D-C64B-4DCE-AC6F-D1 C6F153BED2 ATTACHMENT D: WARRANTY REQUIREMENTS If automobile mechanical service rendered fails to perform satisfactorily from the date of invoice, then the same service as covered by original invoice will be rendered to the degree necessary to correct the faulty performance at no additional cost. Limited Lifetime Warranty does not apply to wears and tears. Items include brake pads, fluid changes, batteries, and similar items. 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. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. Page 1 of 1 so �o p A P-4 1v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of August 29, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure Wesleyn(a)cctexas.com (361) 826-3111 Josh Chronley, Assistant Director of Finance & Procurement Joshc2(a)cctexas.com (361) 826-3169 Vibration Analysis and Condition Monitoring for Blowers CAPTION Motion authorizing execution of a three-year service agreement, with two one-year options, with The Vibration Guys, LLC, of Pearland, Texas, in an amount not to exceed $231,351.00, and a potential amount of $385,585.00 if the options are exercised, for vibration analysis and condition monitoring of the blowers at the wastewater treatment plants, with FY 2023 funding of $32,132.08 from the Wastewater Fund. SUMMARY: This agreement will provide real-time vibration analysis and monitoring services for the blowers at the wastewater treatment plants (WWTPs). Services will include vibration monitoring for predictive maintenance of wastewater blower motor assemblies and relevant staff training for future in-house monitoring. BACKGROUND AND FINDINGS: Blowers at wastewater treatment plants (WWTPs) are critical equipment that provide dissolved oxygen (DO) for the wastewater biological treatment process. Blower equipment failures can be catastrophic for WWTPs. Condition monitoring, including vibration analysis, will provide early indication of a failure before it becomes significant and causes damage to the equipment. This contract provides real-time monitoring and analysis of the blowers at City's six WWTPs. The monitoring findings will be used to diagnose the potential problems for staff to take preventative maintenance and keep the continuous operations of blowers. The Vibration Guys have completed projects for many large local customers including Exxon, Oxy, Lyondell Bassell and Citgo. Staff reached out to Lyondell Bassell and Citgo and were provided positive references related to the contractor's performance on past projects. PROCUREMENT DETAIL: The Finance & Procurement Department conducted a competitive Request for Bids process to obtain bids. The City received two bids. One of the bids was non-responsive for failure to bid on all items. Staff is recommending an award to The Vibration Guys, LLC. In previous years, these services were obtained by processing quotes. ALTERNATIVES: Other means of condition monitoring exist, including thermal monitoring, power monitoring, and oil and lubrication analysis. These methods will be employed in addition to vibration analysis and the results will be analyzed by software and by a technician to provide feedback. The alternative to condition monitoring is `run to failure' and time-based preventative maintenance. FISCAL IMPACT: The fiscal impact for FY 2023 is $32,132.08. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Department: 46 Wastewater Project # (CIP Only): Accounts: 530215 Maint. & repairs-contracted RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with two one-year options with The Vibration Guys, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Procurement Department RFB#4550 Senior Buyer:Cynthia Perez Vibration Analysis and Condition Monitoring for Blowers The Vibration Guys,LLC *Corelusa Plant Services,Inc. Pearland,Texas Lakeland,Florida Item Description Unit 1 Yr.Qty. Unit Price Total Price Unit Price Total Price Condition-based monitoring 1 EA Implementation(43 assemblies) 43 $ 140.00 $ 6,020.00 Hardware Lease(drive and non-drive 2 EA blower and motor x 43 assemblies) 172 $ 275.00 $ 47,300.00 3 Software/Licenses(3 concurrent EA users) 3 $ 999.00 $ 2,997.00 4 Support(on-site) HR 24 $ 200.00 $ 4,800.00 5 Travel Allowance $10,000.00 $10,000.00 6 Training(Classroom,field) HR 24 $ 250.00 $ 6,000.00 Grand Total $ 77,117.00 *Non-Responsive-due to math errors SC GO � O� A � SERVICE AGREEMENT NO. 4550 U Vibration Analysis and Condition Monitoring for Blowers yeapaonn!e 1852 THIS Vibration Analysis and Condition Monitoring for Blowers Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and The Vibration Guys, LLC ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Vibration Analysis and Condition Monitoring for Blowers in response to Request for Bid/Proposal No. 4550 ("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 Vibration Analysis and Condition Monitoring for Blowers ("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 two additional one-year 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-Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $231,351 .00, subject to approved extensions and changes. Payment will be made for Services provided 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: Amanda Howard Department: Corpus Christi Water Phone: (361 ) 826-1894 Email: AmandaCCcctexas.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-Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 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-Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 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 will not enter into subcontracts or utilize the services of subcontractors. 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: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361 ) 826-4495 IF TO CONTRACTOR: The Vibration Guys, LLC Attn: Kathy Staudt Title: President Address: 6302 W Broadway, Suite 120, Pearland, Texas 77584 Phone: (281 ) 576-7212 Service Agreement Standard Form-Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: (832) 295-4840 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 Standard Form-Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 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 Standard Form-Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form-Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name. Kathy Staudt Title: President Date: 3/17/2023 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 4550 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements The Contractor shall provide vibration analysis and condition monitoring for blowers at the wastewater treatment plants located at Corpus Christi Water. 1.2 Scope of Work A. The Contractor shall provide condition-based monitoring and reliability services for 43 blower-motor assemblies at six wastewater treatment facilities per work site locations below (Attachment 1 ). • The Contractor shall provide the labor, equipment, materials, supplies, and other resources needed to complete the service. • The Contractor shall provide training and printed literature to City employees to perform condition-based monitoring and interpret the data collected. • The Contractor shall perform all work in accordance with State (TCEQ) and Federal (EPA) regulations. B. Condition Based Monitoring • The Contractor shall provide condition-based monitoring to include but not limited to vibration monitoring and thermal imaging for 43 blower- motor assemblies at six wastewater treatment facilities. • Vibration monitoring equipment shall be mounted on equipment, and sufficient data collected to identify mechanical issues including but not limited to bearing faults, gear problems, mechanical looseness, lubrication problems, and coupling defects. • Thermal imaging data shall be collected to establish a baseline and trended to identify changes and potential issues. • The data shall be collected and analyzed by the contractor. • A report shall be made available to the City via a web-based dashboard and updated as near to real-time as possible. • The results of the analysis shall be easily integrable with Maximo CMMS. • If further analysis is required, a qualified representative of the contractor shall provide expert analysis of the data and make recommendations to the City. • At the request of the City, the contractor shall provide onsite and remote support for the equipment covered by this scope. Revised 11.30.20 C. Support • The Contractor shall provide up to 24 hours of on-site support at the request of the City • The contractor shall provide remote support via a web-based service or telephone. D. Trainina • The Contractor shall provide up to 24 hours total of field and-classroom training to employees of the City regarding machinery reliability and condition-based maintenance to include vibration analysis, ultrasound, and thermography. • This training may be divided into multiple sessions with reasonable class sizes. • Training shall consist of topics such as: L Placement of vibration monitoring equipment ii. Use of thermography equipment iii. Data collection procedures and interpretation of data E. Transition • The Contractor shall develop and implement a 3-year phased plan to hand off condition monitoring responsibilities to the City. • Phasing shall progress such that the contractor begins with full responsibility for implantation of the program and ends with the contractor available in a support and diagnostic role with the primary responsibility of monitoring and data collection belonging to the City. 1.3 Approval A. All onsite visits will need to be scheduled in advance. B. All onsite visits will require accompaniment by a City employee upon entering and leaving a wastewater treatment plant. C. All onsite visits will require a signature upon entering and a signature upon leaving a wastewater treatment plant. D. All onsite visits will require a description for services performed. E. Any parts or service not included in the above SOW will need to be submitted for City approval 1.4 Equipment A. The Contractor shall perform the condition monitoring services with equipment that meets current ISO standards B. The Contractor shall be responsible to keep all vehicles needed in a proper area without blocking traffic or City Personnel. Revised 11.30.20 C. The Contractor shall provide, as a lease to the City, sensors for the monitoring described in this scope of work. 1.5 Points of Contact A. Joshua Gusler, Utilities Systems Manager Phone: 361-826-1852 Email: joshuaaCcctexas.com B. Orlando Gonzalez, Planner/Scheduler Phone: 361-826-1885 Email: orlandoaCcctexas.com Revised 11.30.20 Attachment 1 Asset # Description Manufacture I HP ILocation Oso WWTP - 501 Nile Dr. 7841 WW-0502 Oso Blower #2-1 GARDNER DENVER 300 Oso WWTP Blower House 2 WW-0512 Oso Blower #2-2 GARDNER DENVER 250 Oso WWTP Blower House 2 WW-0504 Oso Blower #2-3 GARDNER DENVER 300 Oso WWTP Blower House 2 WW-0505 Oso Blower #2-4 GARDNER DENVER 250 Oso WWTP Blower House 2 WW-0511 Oso Blower #3-1 GARDNER DENVER 125 Oso WWTP Blower House 3 WW-0503 Oso Blower #3-2 HIS/ATLAS COPCO 125 Oso WWTP Blower House 3 WW-0513 Oso Blower #3-3 GARDNER DENVER 125 Oso WWTP Blower House 3 WW-5001 Oso Blower #3-4 GARDNER DENVER 125 Oso WWTP Blower House 3 WW-5006 Oso Blower #4-1 SPENCER 300 Oso WWTP Blower House 4 WW-0518 Oso Blower #4-2 Turbonetics 300 Oso WWTP Blower House 4 WW-0519 Oso Blower #4-3 No Nameplate 300 Oso WWTP Blower House 4 WW-5004 Oso Blower #4-4 SPENCER 250 Oso WWTP Blower House 4 Oso Blower New- Oso WWTP Spare WW-4098 Warehouse LSB 125 Equipment Storage Oso Blower New- Oso WWTP Spare WW-5000 Warehouse LAMSON/HOFFMAN 250 Equipment Storage Oso Blower- Oso WWTP Spare WW-5008 Warehouse LSB 250 Equipment Storage Revised 11.30.20 WW-0517 Oso Blower #4-1 - Turbonetics 300 Wastewater Repair Repair Location Broadway WWTP - 1402 W Broadway St. 78401 WW-0892 Broadway Blower ATLAS COPCO 250 Broadway WWTP #1 Blower House WW-0891 Broadway Blower ATLAS COPCO 250 Broadway WWTP #2 Blower House Broadway Blower HSI/ATLAS Broadway WWTP WW-0893 #3 COPCO 250 Blower House WW-0894 Broadway Blower HSI/ATLAS 250 Broadway WWTP #4 COPCO Blower House Broadway Blower Broadway WWTP WW-4453 new-Warehouse ATLAS COPCO 250 Spare Equipment Storage Asset # Description Manufacture I HP ILocation Greenwood WWTP - 6541 Greenwood Dr. 78417 WW Greenwood Blower #1 LAMSON 300 Greenwood WWTP 1328 Blower House WW Greenwood Blower #2 GARDNER 300 Greenwood WWTP 0723 DENVER Blower House WW Greenwood Blower #3 LAMSON 300 Greenwood WWTP 0722 Blower House WW Greenwood Blower #4 ATLAS 300 Greenwood WWTP 0724 COPCO Blower House WW- Greenwood Blower- GARDNER 300 Wastewater Repair 0725 Repair DENVER Location WW- Greenwood Blower- LAMSON 300 Wastewater Repair 1280 Repair Location Laguna Madre WWTP - 201 Jester St. 78418 WW- Laguna Madre Blower Laguna Madre 0771 #1 HOFFMAN 75 WWTP Blower House WW- Laguna Madre Blower Laguna Madre 0772 #2 HOFFMAN 75 WWTP Blower House WW- Laguna Madre Blower Laguna Madre 0432 #3 HOFFMAN 125 WWTP Blower House Revised 11.30.20 WW- Laguna Madre Blower HSI/ATLAS Laguna Madre 0433 #4 COPCO 125 WWTP Blower House WW- Laguna Madre Blower Laguna Madre 0431 #5 HOFFMAN 125 WWTP Blower House WW- Laguna Madre Blower- ATLAS Laguna Madre 1224 Warehouse COPCO 125 WWTP Spare Equipment Storage Whitecap WWTP - 13409 Whitecap Blvd. 78418 WW- Whitecap Blower HSI/ATLAS Whitecap WWTP 0845 house Blower #1 COPCO 100 Blower House WW- Whitecap Blower GARDNER Whitecap WWTP 3989 house Blower #2 DENVER 100 Blower House WW- Whitecap Blower ATLAS 100 Whitecap WWTP 2464 house Blower #3 COPCO Blower House WW- Whitecap Digester HOFFMAN 75 Whitecap WWTP 1 129 Blower #1 Digester 1 WW- Whitecap Digester HOFFMAN 75 Whitecap WWTP 0846 Blower #2 Digester 2 WW- Whitecap Blower- GARDNER Whitecap WWTP 1 130 Warehouse DENVER 100 Spare Equipment Storage Allison WWTP - 4101 Allison Rd. 78410 WW Allison Blower #1 SPENCER 250 Allison WWTP 0996 Blower House WW Allison Blower #2 SPENCER 250 Allison WWTP 0994 Blower House WW Allison Blower #3 SPENCER 250 Allison WWTP 0995 Blower House WW Allison Blower #4 SPENCER 250 Allison WWTP 0993 Blower House Revised 11.30.20 Attachment B - Bid/Pricing Schedule �ogyusc�� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM NoaPaRpzEa RFB No. 4550 1852 Vibration Analysis and Condition Monitoring for Blowers Date: 3/13/2023 PAGE 1 OF 1 Authorized Bidder: The Vibration Guys, LLC 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. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Invitation to quote, FOB Destination, Freight Included, on the following: Description Unit 1 Yr. Qty. Unit Price Total Price Condition-based monitoring 43 Implementation 43 assemblies Each $ $6,020 Hardware Lease (drive and non- 275 47300 drive blower and motor x 43 Each 172 $ $ assemblies Software/Licenses (3 concurrent users) Each 3 $999 $2997 Support (on-site) Hours 24 $ 200 $4800 Travel Allowance $10,000.00 $10,000.00 Training (Classroom, field) 24 HRS $ 250 $6000 TOTAL $ 77,117 Year a reement total Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator, 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 for 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 $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 AUTOMOBILE LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1 . 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 Revised 11.30.20 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 Contractorwill be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. 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. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. 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 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 calendar days advance written notice for nonpayment of premium. Revised 11.30.20 5. Within five 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 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. 6. 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 Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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. 8. 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. 9. 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. Revised 11.30.20 Attachment D - Warranty Requirements The Contractor shall provide a 1-year warranty on the hardware. ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. a O� U NowPo�AZY� AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 29, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN(a)cctexas.com (361) 826-1200 Josh Chronley, Assistant Director of Finance & Procurement Joshc2(a)cctexas.com (361) 826-3169 Service Agreement for Closed Circuit Television (CCTV) Cleaning and Inspection of Large Diameter Wastewater Line for Corpus Christi Water CAPTION: Motion authorizing execution of a one-year service agreement, with two one-year options, with CSI Consolidated, LLC, dba AIMS Companies, of Houston, in an amount not to exceed $710,500.00, with a potential amount of $2,131,500.00 if options are exercised, for closed circuit televised cleaning and inspection of large diameter wastewater lines for Corpus Christi Water, with FY 2023 funding of $75,000.00 from the Wastewater Fund. SUMMARY: This service agreement will assist CCW (Corpus Christi Water) with the CCTV inspection of large diameter wastewater lines. This contract is one mechanism utilized to meet the City's Consent Decree Obligations. BACKGROUND AND FINDINGS: The CCTV inspection of the large diameter wastewater gravity mains is critical to the proper condition assessment of these assets. Cleaning of these gravity lines will ensure that they are functioning properly and as designed. Proper condition assessment and analysis is a critical component of planning for future Capital Improvement Projects (CIP) and the design of projects that would target capacity constraints. CCW operates CCTV cleaning and inspection equipment, but it is only equipped for small diameter gravity lines with a maximum diameter of 18". AIMS Companies held the previous CCTV contract and performed well. They have shown they have the equipment and manpower locally needed to perform the work effectively. The unit pricing submitted by AIMS is lower than the previous contract on many line items. CCW believes that the increased contract quantities, additional competition, and solid understanding of the scope resulted in improved pricing. The contractor has also confirmed that the pricing as submitted is correct. The assigned work is planned, designed, and prepared by the CCW team using established line items for pricing. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids process to obtain bids for a contract. The City received three responsive, responsible bids and staff recommend the award to the lowest responsive, responsible bidder CSI Consolidated, LLC, dba AIMS Companies. CSI Consolidated, LLC, dba AIMS Companies have previously held this contract and has performed well. ALTERNATIVES: Not awarding this contract would delay inspection and cleaning of the wastewater infrastructure system causing more costly repairs and increasing the risk of wastewater system overflows. Additionally, it would jeopardize the City's ability to meet the established goals of the Consent Decree Agreement. An alternative to awarding this service agreement is to reject the bid and not enter into an agreement, which would require staff to solicit quotes each time services are required. Having to solicit quotes, as needed, will result in a time delay due to procurement processes. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 23 is $ 75,000.00 FUNDING DETAIL: Fund: 4200 - Wastewater Organization/Activity: 33410 —WW Collections Major Maintenance & Repair Department: 46 Project # (CIP Only): N/A Account: 530235 — Infrastructure Maintenance RECOMMENDATION: Staff recommends approval of this service agreement with CSI Consolidated, LLC, and dba AIMS Companies as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Finance-Procurement Department RFB 4875 Senior Buyer:Cynthia Perez Closed Circuit Televised(CCTV)Cleaning And Inspection of Large Diameter Wastewater Lines CSI Consolidated LLC,dba AIMS ACE Pipe Cleaning,Inc. Pro-Pipe, Inc. Companies Houston,TX Kansas City,MO Irvine,CA Item Description Unit 12--Month Unit Price Total Price Unit Price Total Price Unit Price Total Price Q . 1 JOB MOBILIZATION SEWER CLEANING,CCTV EA 6 $ 500.00 $ 3,000.00 $ 5,000.00 $ 30,000.00 $ 9,761.88 $ 58,571.28 2 TRAFFIC CONTROL ARTERIAL STREET DAY 20 $ 300.00 $ 6,000.00 $ 2,875.00 $ 57,500.00 $ 1,500.00 $ 30,000.00 3 TRAFFIC CONTROL COLLECTOR STREET DAY 10 $ 300.00 $ 3,000.00 $ 1,850.00 $ 18,500.00 $ 1,500.00 $ 15,000.00 4 TRAFFIC CONTROL LOCAL ACCESS STREET DAY 20 $ 300.00 $ 6,000.00 $ 375.00 $ 7,500.00 $ 2,500.00 $ 50,000.00 5 TRAFFIC CONTROL TXDOT ROW DAY 5 $ 2,000.00 $ 10,000.00 $ 3,000.00 $ 15,000.00 $ 5,000.00 $ 25,000.00 6 TRAFFIC CONTROL CHANGEABLE VARIABLE DAY 40 $ 100.00 $ 4,000.00 $ 350.00 $ 14,000.00 $ 312.50 $ 12,500.00 MESSAGE BOARDS(EA) 7 LIGHT TO MEDIUM CLEANING 10"PIPE SIZE LF 3,000 $ 2.00 1$ 6,000.00 $ 1.10 $ 3,300.00 $ 4.00 $ 12,000.00 8 LIGHT TO MEDIUM CLEANING 12"PIPE SIZE LF 2,000 $ 2.00 $ 4,000.00 $ 1.25 $ 2,500.00 $ 4.37 $ 8,740.00 9 LIGHT TO MEDIUM CLEANING 16"PIPE SIZE LF 2,000 $ 2.00 $ 4,000.00 $ 1.25 $ 2,500.00 $ 4.37 $ 8,740.00 10 LIGHT TO MEDIUM CLEANING 18"PIPE SIZE LF 2,000 $ 2.00 $ 4,000.00 $ 1.65 $ 3,300.00 $ 4.37 $ 8,740.00 11 LIGHT TO MEDIUM CLEANING 20"-21"PIPE SIZE LF 600 $ 2.00 $ 1,200.00 $ 1.85 $ 1,110.00 $ 5.93 $ 3,558.00 12 LIGHT TO MEDIUM CLEANING 24"PIPE SIZE LF 500 $ 2.70 $ 1,350.00 $ 2.20 $ 1,100.00 $ 6.31 $ 3,155.00 13 LIGHT TO MEDIUM CLEANING 27"PIPE SIZE LF 500 $ 2.70 $ 1,350.00 $ 3.30 $ 1,650.00 $ 6.31 $ 3,155.00 14 LIGHT TO MEDIUM CLEANING 30"PIPE SIZE LF 500 $ 5.40 $ 2,700.00 $ 4.50 $ 2,250.00 $ 6.31 $ 3,155.00 15 LIGHT TO MEDIUM CLEANING 36"PIPE SIZE LF 1000 $ 5.40 $ 5,400.00 $ 5.95 $ 5,950.00 $ 5.18 $ 5,180.00 16 LIGHT TO MEDIUM CLEANING 42"PIPE SIZE LF 500 $ 6.00 $ 3,000.00 $ 7.65 $ 3,825.00 $ 6.31 $ 3,155.00 17 LIGHT TO MEDIUM CLEANING 48"PIPE SIZE LF 500 $ 6.00 $ 3,000.00 $ 8.85 $ 4,425.00 $ 7.12 $ 3,560.00 18 LIGHT TO MEDIUM CLEANING 54"PIPE SIZE LF 1,000 $ 8.75 $ 8,750.00 $ 11.00 $ 11,000.00 $ 6.00 $ 6,000.00 19 LIGHT TO MEDIUM CLEANING 60"PIPE SIZE LF 1,000 $ 8.75 $ 8,750.00 $ 12.50 $ 12,500.00 $ 6.00 $ 6,000.00 20 HEAVY CLEANING 10"PIPE SIZE LF 3,000 $ 6.00 $ 18,000.00 $ 7.25 $ 21,750.00 $ 6.00 $ 18,000.00 21 HEAVY CLEANING 12"PIPE SIZE LF 3,000 $ 6.00 $ 18,000.00 $ 7.25 $ 21,750.00 $ 6.00 $ 18,000.00 22 HEAVY CLEANING 16"PIPE SIZE LF 2,000 $ 6.00 $ 12,000.00 $ 8.00 $ 16,000.00 $ 7.42 $ 14,840.00 23 HEAVY CLEANING 18"PIPE SIZE LF 1,000 $ 7.00 $ 7,000.00 $ 8.65 $ 8,650.00 $ 11.99 $ 11,990.00 24 HEAVY CLEANING 20"-21"PIPE SIZE LF 1000 $ 7.00 $ 7,000.00 $ 10.85 $ 10,850.00 $ 11.99 $ 11,990.00 25 HEAVY CLEANING 24"PIPE SIZE LF 3000 $ 11.00 $ 33,000.00 $ 12.00 $ 36,000.00 $ 19.98 $ 59,940.00 26 HEAVY CLEANING 27"PIPE SIZE LF 3000 $ 11.00 $ 33,000.00 $ 12.75 $ 38,250.00 $ 29.98 $ 89,940.00 27 HEAVY CLEANING 30"PIPE SIZE LF 3000 $ 22.00 $ 66,000.00 $ 14.85 $ 44,550.00 $ 29.98 $ 89,940.00 28 HEAVY CLEANING 36"PIPE SIZE LF 4000 $ 22.00 $ 88,000.00 $ 16.50 $ 66,000.00 $ 29.98 $ 119,920.00 29 HEAVY CLEANING 42"PIPE SIZE LF 1000 $ 25.50 $ 25,500.00 $ 19.00 $ 19,000.00 $ 59.95 $ 59,950.00 30 HEAVY CLEANING 48"PIPE SIZE LF 2000 $ 25.50 $ 51,000.00 $ 22.50 $ 45,000.00 $ 59.95 $ 119,900.00 31 HEAVY CLEANING 54"PIPE SIZE LF 1000 $ 37.00 $ 37,000.00 $ 25.75 $ 25,750.00 $ 59.95 $ 59,950.00 32 HEAVY CLEANING 60"PIPE SIZE LF 1000 $ 37.00 $ 37,000.00 $ 30.30 $ 30,300.00 $ 119.90 $ 119,900.00 33 HEAVY GROUT REMOVAL CLEANING 10"PIPE SIZE LF 200 $ 15.00 $ 3,000.00 $ 9.50 $ 1,900.00 $ 59.95 $ 11,990.00 34 HEAVY GROUT REMOVAL CLEANING 12"PIPE SIZE LF 200 $ 15.00 $ 3,000.00 $ 16.00 $ 3,200.00 $ 59.95 $ 11,990.00 35 HEAVY GROUT REMOVAL CLEANING 16"PIPE SIZE LF 300 $ 15.00 $ 4,500.00 $ 16.00 $ 4,800.00 $ 59.95 $ 17,985.00 36 HEAVY GROUT REMOVAL CLEANING 18"PIPE SIZE LF 500 $ 20.00 $ 10,000.00 $ 25.10 $ 12,550.00 $ 59.95 $ 29,975.00 37 HEAVY GROUT REMOVAL CLEANING 20-21"PIPE SIZE LF 300 $ 20.00 $ 6,000.00 $ 25.60 $ 7,680.00 $ 59.95 $ 17,985.00 38 HEAVY GROUT REMOVAL CLEANING 24"PIPE SIZE LF 1000 $ 24.00 $ 24,000.00 $ 25.60 $ 25,600.00 $ 119.90 $ 119,900.00 39 HEAVY GROUT REMOVAL CLEANING 27"PIPE SIZE LF 1000 $ 24.00 $ 24,000.00 $ 28.50 $ 28,500.00 $ 119.90 $ 119,900.00 40 HEAVY GROUT REMOVAL CLEANING 30"PIPE SIZE LF 300 $ 28.00 $ 8,400.00 $ 29.00 $ 8,700.00 $ 119.90 $ 35,970.00 41 HEAVY GROUT REMOVAL CLEANING 36"PIPE SIZE LF 1000 $ 28.00 $ 28,000.00 $ 32.00 $ 32,000.00 $ 119.90 $ 119,900.00 42 HEAVY GROUT REMOVAL CLEANING 42"PIPE SIZE LF 400 $ 35.50 $ 14,200.00 $ 32.00 $ 12,800.00 $ 119.90 $ 47,960.00 43 HEAVY GROUT REMOVAL CLEANING 48"PIPE SIZE LF 400 $ 35.50 $ 14,200.00 $ 33.00 $ 13,200.00 $ 119.90 $ 47,960.00 44 HEAVY GROUT REMOVAL CLEANING 54"PIPE SIZE LF 100 $ 53.00 $ 5,300.00 $ 44.00 $ 4,400.00 $ 119.90 $ 11,990.00 45 HEAVY GROUT REMOVAL CLEANING 60"PIPE SIZE LF 100 $ 53.00 $ 5,300.00 $ 48.50 $ 4,850.00 $ 119.90 $ 11,990.00 46 REVERSE SET-UP ALL PIPE SIZES EA 30 $ 5.00 $ 150.00 $ 150.00 $ 4,500.00 $ 1,199.00 $ 35,970.00 47 BUCKET CLEANING 36'PIPE SIZE LF 2000 $ 3.00 $ 6,000.00 $ 19.00 $ 38,000.00 $ 59.95 $ 119,900.00 48 BUCKET CLEANING 42"PIPE SIZE LF 2,000 $ 3.00 $ 6,000.00 $ 25.00 $ 50,000.00 $ 59.95 $ 119,900.00 49 BUCKET CLEANING 48"PIPE SIZE LF 2,000 $ 3.00 $ 6,000.00 $ 33.00 $ 66,000.00 $ 59.95 $ 119,900.00 50 BUCKET CLEANING 54"PIPE SIZE LF 2,000 $ 3.00 $ 6,000.00 $ 39.00 $ 78,000.00 $ 59.95 $ 119,900.00 51 BUCKET CLEANING 60"PIPE SIZE LF 500 $ 3.00 $ 1,500.00 $ 48.50 $ 24,250.00 $ 59.95 $ 29,975.00 52 CCTV 10"PIPE SIZE LF 3,000 $ 0.50 $ 1,500.00 $ 1.05 $ 3,150.00 $ 3.36 $ 10,080.00 53 CCTV 12"PIPE SIZE LF 3,000 $ 0.50 $ 1,500.00 $ 1.05 $ 3,150.00 $ 3.36 $ 10,080.00 54 CCTV 16"PIPE SIZE LF 2,000 $ 0.50 $ 1,000.00 $ 1.05 $ 2,100.00 $ 3.36 $ 6,720.00 55 CCTV 18"PIPE SIZE LF 2000 $ 0.50 $ 1,000.00 $ 1.25 $ 2,500.00 $ 3.36 $ 6,720.00 56 CCTV 20-21"PIPE SIZE LF 3000 $ 0.50 $ 1,500.00 $ 1.50 $ 4,500.00 $ 3.58 $ 10,740.00 57 CCTV 24"PIPE SIZE LF 5000 $ 0.50 $ 2,500.00 $ 1.75 $ 8,750.00 $ 3.58 $ 17,900.00 58 CCTV 27"PIPE SIZE LF 3500 $ 0.50 $ 1,750.00 $ 2.00 $ 7,000.00 $ 3.47 $ 12,145.00 59 CCTV 30"PIPE SIZE LF 3000 $ 0.50 $ 1,500.00 $ 2.00 $ 6,000.00 $ 4.14 $ 12,420.00 60 CCTV 36'PIPE SIZE LF 3000 $ 0.50 $ 1,500.00 $ 2.75 $ 8,250.00 $ 5.31 $ 15,930.00 61 CCTV 42"PIPE SIZE LF 1200 $ 0.50 $ 600.00 $ 2.75 $ 3,300.00 $ 5.81 $ 6,972.00 62 CCTV 48"PIPE SIZE LF 1000 $ 0.50 $ 500.00 $ 3.25 $ 3,250.00 $ 5.31 $ 5,310.00 63 CCTV 54"PIPE SIZE LF 1000 $ 0.50 $ 500.00 $ 3.25 $ 3,250.00 $ 5.31 $ 5,310.00 64 CCTV 60"PIPE SIZE LF 1000 $ 0.50 $ 500.00 $ 3.25 $ 3,250.00 $ 5.31 $ 5,310.00 65 DRY SOLIDS REMOVAL AND HAULING 12 YD TRUCK LOAD EA 10 $ 110.00 $ 1,100.00 $ 3,500.00 $ 35,000.00 $ 2,500.00 $ 25,000.00 TOTAL $ 710,500.00 $ 1,096,140.00 $ 2,362,146.28 SC GO � O� A � SERVICE AGREEMENT NO. 4875 U Closed Circuit Televised (CCTV) Cleaning And Inspection of yeapaonnf� 1852 Large Diameter Wastewater Lines THIS Closed Circuit Televised (CCTV) Cleaning And Inspection of Large Diameter Wastewater Lines Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CSI Consolidated LLC dba Aims Companies ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Circuit Televised (CCTV) Cleaning And Inspection of Large Diamater Wastewater Lines in response to Request for Bid/Proposal No. 4875 ("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 Closed Circuit Televised (CCTV) Cleaning And Inspection of Large Diameter Wastewater Lines ("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 two additional one-year 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-Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $710,500.00, subject to approved extensions and changes. Payment will be made for Services provided 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: Amanda Howard Department: Corpus Christi Water Phone: (361 ) 826-1894 Email: AmandaCCcctexas.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-Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 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-Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 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 will not enter into subcontracts or utilize the services of subcontractors. 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: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1894 Fax: (361 ) 826-4495 IF TO CONTRACTOR: CSI Consolidated LLC, dba Aims Companies Attn: David Groce Title: Manager Address: 3405 Almeda Genoa Road, Houston, Texas 77047 Phone: (281 ) 485-8816 Service Agreement Standard Form-Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: (281 ) 485-8820 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 Standard Form-Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 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 Standard Form-Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form-Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR -CSI Consolidated, LLC dba AIMS Companies Signature: �/ Printed Name: Steven Hudson Title: Coo Date: 07/24/2023 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4875 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Reg uirements/Background Information The Contractor shall provide Closed Circuit Televised (CCTV) Inspection and Cleaning of Large Diameter Wastewater Lines within the City's right-of-way and public property as outlined in the Scope of Work. 1.2 Scope of Work A. General 1 . The scope of work consists of furnishing all labor, materials, equipment, supervision, and performing all work necessary to internally inspect, clean, and record the condition of designated wastewater collection system pipelines, ranging in diameter from 18" to 60". Work includes cleaning of the pipeline (from the most upstream reaches of the study area, downstream toward the outfall or lift station), using high pressure water jets, use of mechanical cleaning equipment or other means as may be required, removal of remote obstructions, and the transport and disposal of waste materials generated by the cleaning process. It is the intent in this project that NO flow control/bypassing of the system will be performed. All work will be performed with active flow conditions during all phases of work. City crews will not be available for large duration assistance on any portion of the project. Approved methods for conducting the internal inspection of pipelines include the use, or combination of, closed circuit television cameras, sonar equipment, or pipeline scanners that are specifically designed for use in and for the inspection of large diameter wastewater collection system pipelines. The City shall not be held responsible for any delays in the work. The Contractor shall work with the City to minimize any delays. All work will be performed in accordance with these specifications, with regard to quality, workmanship, hardcopies and electronic deliverables, and schedule. 2. The Corpus Christi Wastewater will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. 3. The Corpus Christi Wastewater will provide reference ID asset numbers for all manholes and pipelines on the maps. These reference numbers shall be utilized by the Contractor on the video inspection reports. An Excel spreadsheet will be provided to the Contractor that will list upstream and downstream manhole Revised 11.30.20 locations, location descriptions, access location (i.e., street/easement), and Geographic Information System (GIS) footage. Additional columns will allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, direction of camera travel, comments, and section complete status. 4. It shall be the responsibility of the Contractor to adhere to all applicable Occupational Safety and Health Administration (OSHA) rules and regulations while performing work on any and all City-related projects or jobs (to include, but not necessarily limited to "Confined Space Entry"). 5. The Contractor shall obtain all required municipal and other governmental licenses and permits. The Contractor shall obtain approval or consent from utilities or carriers, such as telephone companies or other persons or organizations or authorities upon whose proper performance of work under the contract might affect. The Contractor shall request written release from responsibility for the performance of work under the contract if, and to the extent, such work is precluded by the inability to obtain such approval or consent. For the duration of the contract, the Contractor shall abide by all federal, state, and local laws and regulations. 6. The Contractor shall notify third parties (such as public and private utilities) of their intent to perform work in an area where such parties may have rights to underground property or facilities, and request maps or other descriptive information as to the nature and location of such underground facilities or property, and assurance of the Contractor's ability to enter upon any public or private lands to which access is required for performance of the work under contract. The Contractor shall obtain written permission for access to private property where easement is inadequate. 7. The Contractor shall review all available information pertinent to the project site, including reports prepared under previously accomplished studies or surveys, and any other data relating to the design of the project, including maps, drawings, construction specifics, sewer system records, etc., as provided by the City. The Contractor shall request these documents at least five days in advance. Revised 11.30.20 8. The Contractor shall obtain a secure storage area of a size that can adequately accommodate the required equipment, vehicles, and materials for the period of performance of the agreement, at the Contractor's expense. 9. The Contractor shall have the ability to communicate with the City at all times. IO.The Contractor shall have a cellular telephone at which the Contractor's Superintendent can be reached at any time. The Contractor shall provide daily notification of work locations to the City's designated project representative. The Contractor shall also immediately notify the City in the event that a point repair is required or if lodged equipment causes a blockage, spill, or an overflow. 11 . If, during the Contractor's operation in the collection system, evidence of an imminent or potential pipe collapse (such as pieces of pipe, fresh soil, or backfill are noted in the debris removed from the system), or other situations that would result in a public hazard, the Contractor shall immediately halt all work on that line segment and contact the City Project Administrator. 12.The Contractor shall make every reasonable effort to control sewer and other offensive odors in the areas surrounding the work by placing odor blocks, and venting or covering opened manholes, when required. 13. In the area where brush and other vegetation make access to the sewer mains designated for cleaning and inspecting less than desirable, and/or the route to the sewer access point(s) is not via a recorded easement, the Contractor shall provide its own access to sewer access points for the purpose of the cleaning and inspection. The Contractor will coordinate with property owners and/or residents to unlock gates, or secure livestock and/or pets during field activities. The Contractor shall respect all private and public property owner's rights. Any fence removal and replacement, clearing, mowing, and/or trimming of trees, bushes, grass, plants, etc. for the ingress and regress by the Contractor to a designated project site will be the Contractor's responsibility. 14.All customers that refuse to allow access, vegetation clearing, or any other work required by the Contractor shall be referred to the City Project Administrator as soon as practicable and documented in writing within 48 hours for action and follow-up to be conducted by the City. Revised 11.30.20 B. Work and Materials Provided by the City The Wastewater Division of Corpus Christi Water will provide the following at no cost to the Contractor: 1 . Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to the residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers and/or streets required to remove the Contractor's equipment caught in the sewer pipe, due to sewer defects and not caused by the Contractor's negligence. See Section "Emergency Pipeline Blockage Plan". 6. The Contract Administrator will act as liaison between the Wastewater Division of Corpus Christi Water and the Contractor for the duration of the project. 7. This facility shall be the sludge-receiving unit located at the Greenwood Wastewater Treatment Plant (WWTP). A designated debris dump location to unload materials removed from the sewer pipes during cleaning will be assigned by City staff. This location is to be used only during the contract time limits, and only for sewers located in Corpus Christi that have been authorized to be cleaned in this contract. The Contractor shall be responsible for dumping wet sludge to the assigned sludge-receiving unit at the Greenwood WWTP and removing/hauling dewatered sludge from the Greenwood WWTP to a landfill for appropriate disposal as per relevant regulatory requirements. The Contractor shall maintain the housekeeping of the sludge-receiving unit and be responsible for all regulatorily Revised 11.30.20 required tests for hauling dewatered sludge to landfill. Haulers are responsible for and required to have their own manifests and submit them with each load. 1.3 Work Site and Conditions A. Traffic Control 1 . The Contractor shall be responsible for and provide sufficient traffic control measures to ensure safe conditions and to minimize inconveniences to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Unform Traffic Control Devices, which provides several typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Public Works -Traffic Engineering Department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. 2. Forwork adjacent to, in, or under Texas Department of Transportation (TxDOT) right- of-way (ROW), the Contractor shall obtain all necessary TxDOT permits and strictly adhere to all provisions contained therein. 3. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flaggers, and the relocation of existing signs and devices as is necessary to safely complete the project. 4. Temporary traffic controls shall be measured and paid for on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The four classifications to be utilized in this project are: a. Arterials: Assumed to be 30% of work order sites. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. b. Collectors: Assumed to be 11% of work order sites. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. Revised 11.30.20 c. Local Access Streets: Assumed to be 56%of work order sites. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. d. TxDOT ROWs: Assumed to be 3% of work order sites. TxDOT roadways/ROW are those operated and maintained by TxDOT. 5. These percentages are for information purposes only, are not guaranteed, and will vary from actual quantities awarded. Street classifications are defined, and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan, found on the City of Corpus Christi's website in the following location: http://www.cctexas.com/Assets/Departments/Development- Services/Files/design-standards/UrbanTransportationPlanMap.pdf B. Water Meters 1 . The Contractor will obtain and place a refundable deposit on a City-provided hydrant meter to record water used for cleaning operations. Waterwill be provided at no cost to the Contractor, provided the Contractor submits monthly use records, as required by the City Project Administrator. 2. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions in the event that specific areas are not available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges, damage to hydrants, or turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants; it is the Contractor's responsibility to connect to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. C. Existing Utilities 1 . The Contractor shall be held responsible for the protection of existing utilities, as well as damage that may occur as a result of the operations. The Contractor shall be responsible for temporarily relocating utilities for the convenience of the Contractor. In areas where existing utilities are within, and adjacent to the established limits of work, and could be damaged as a result of the Contractor's operations, the Contractor shall take all necessary precautions to protect such Revised 11.30.20 utilities from damage. Furthermore, in the event that damage to other utilities occur, the Contractor shall be fully responsible for the repair of any such damage without additional costs to the City, or the affected utility owner. 2. It shall be the Contractor's responsibility to determine the exact location of existing utilities that impact their work. 3. Where overhead power lines are in close proximity to the work, the Contractor shall comply with all state and local regulations and laws and contact, if necessary, the appropriate owner, generally American Electric Power (AEP) or Nueces Electric Cooperative (NEC). 1.4 Safe 1 . The work contemplated under this project involves activities in and around confined spaces. The Contractor, and/or a Contractor-independently-retained employee, and/or safety consultant shall implement a confined space entry program in accordance with OSHA standards to govern the presence and activities associated with working in and around confined spaces. 2. The Contractor shall maintain a copy of the Confined Space Entry Program on- site at all times. The Contractor shall take all necessary actions to ensure that the Contractor's employees have read, understand, and follow the plan. All employees to be utilized in confined space entry work must present certificates indicating confined space entry training by an entity certified to teach such training, as defined by OSHA. A. Pre-Work Submittals 1 . The submittal above shall be provided to the Contract Administrator after the Notice to Proceed of the contract, but before commencing the work. In providing approval of the above submissions, the City assumes no liability for the effectiveness of the plans and/or procedures. In no way does approval by the City relieve the Contractor of any liability under the contract. The required submittals are described in the following sections. 2. Contractor shall submit the following for approval: Revised 11.30.20 a. Residential Notification Letter will be provided by the Contractor. b. Vehicular and Pedestrian Traffic Control Plan and Procedures i. The Contractor shall prepare and submit a generic traffic control plan that describes the measures that will be taken to control vehicular and pedestrian traffic during the course of the project in areas where normal traffic flow will be distributed by the Contractor's operations. ii. During the course of the cleaning and inspection of the wastewater collection system, it may become necessary or desirable to disrupt the normal flow of vehicular or pedestrian traffic in the work area. These disruptions shall be minimized and carried out in compliance with the City of Corpus Christi rules and regulations, regarding temporary traffic control and/or in compliance with other local entities having jurisdiction over the control and disruption of normal traffic flow. iii. The Contractor shall also comply with the TxDOT Manual on Uniform Traffic Control Devices and standards for traffic control in work areas. In the case of a conflict between standards, the local codes will govern. iv. Any traffic control effort on major streets, arterials, or divided roads shall be submitted to the City's Traffic Engineering division for approval prior to implementing the traffic control plan. The Contractor is responsible for coordination of traffic control measures between local entities including, but not limited to, the City of Corpus Christi. The Contractor shall identify the locations of the area where permits are required for work in right-of-way permits, if necessary, identified by the Contractor upon ten (10) days advance notice by the Contractor of the requirement of the permits. The plan should cover all project areas and should have facilities and contingencies to cover all potential traffic-related situations. c. Sanitary Sewer Overflow/Spill Response Plan i. The Contractor shall prepare and submit a detailed Sanitary Sewer Overflow/Spill Response Plan that describes, in detail, Revised 11.30.20 the measures that the Contractor will implement in the event that the unauthorized and untreated wastewater is discharged from the collection system as a result of the Contractor's operations. ii. The City Project Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract. The plan shall include the following components as a minimum: • Sewage containment procedures • Emergency notification • Sewage cleanup procedures • Flow control/bypass flow control and plan iii. The Contractor will be held liable for fines and costs, direct and indirect, associated with sanitary sewer overflow/spills that are caused, directly or indirectly, by its operations. The plan should cover work areas and should have facilities and contingencies to cover all potential sanitary sewer overflow abatement situations. d. Emergency Pipeline Blockage Plan L The Contractor shall prepare and submit a detailed Emergency Pipeline Blockage Plan that describes, in detail, the measures that the Contractor will implement in the event that the equipment being utilized by the Contractor, or its agents, becomes lodged in the pipeline and is not retrieved by non-intrusive methods. ii. The City Project Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract, at a minimum, the plan shall include the following components. • Sewage containment procedures • Emergency notification plan • Sewage cleanup procedures • Equipment removal iii. The Contractor shall be responsible for the removal of equipment using non-intrusive methods. The Contractor will Revised 11.30.20 not utilize any intrusive methods other than via existing manholes or structures. In situations where it will be required to open the pipe for intrusive removal of equipment, the Contractor shall contact the City immediately so the City can coordinate the removal of equipment for the Contractor. iv. If the cause of equipment removal is due to Contractor negligence, the City will perform the operation and will in turn charge the Contractor for such work, including material, equipment, labor, and overhead for repairs to pipelines, manholes, appurtenances, and surface restoration. v. If the removal is due to sewer defects that were unforeseen or not avoidable, as determined by the City, the City will provide at no cost to the Contractor. vi. The Contractor will be held liable for any fines and/or costs, direct and indirect, associated with sanitary sewer overflow/spill and/or sewer blockages that are caused, directly or indirectly, by its operation. vii. The plan should cover all project areas and should have facilities and contingencies to cover all potential pipe blockage and overflow situations. e. Health and Safety Plan (including a Confined Space Entry Plan) L The Contractor shall submit a Health and Safety Plan in accordance with OSHA Standards 29 CFR 1910 and 1926 to the City Project Administrator at or prior to the project kickoff meeting. The Health and Safety Plan will be submitted and reviewed prior to the start of work. ii. The Health and Safety Plan shall clearly state the hazardous substances that may be encountered during the course of the project, and the protective safety procedures and equipment requirements for all tasks to be performed. Additional health and safety documents required are: • A written Hazard Communication and written Confined Space Entry Program, in accordance with City and OSHA standards. • Safety Data Sheet file Revised 11.30.20 • Operation guides and manuals for all equipment to be utilized on the project. • OSHA forms 101 and 200 iii. The Contractor shall post all documentation as required by OSHA and the City and the Contractor shall require all on- site employees to read, sign, and follow the Health and Safety Plan. A signed copy of the Health and Safety Plan shall be kept at the work site at all times. All Contractor employees shall be properly trained in accordance with applicable standards and regulations. The City shall not be responsible for any hazardous materials uncovered or revealed at any site where work is being performed during this project. iv. The Contractor shall immediately notify the City Project Administrator of any suspected hazardous materials before or during the performance of work and shall take all necessary precautions to avoid the further spread or contamination of the environment by the materials. f. Sewage Backup/Building Remediation Services g. Quality Control and Assurance Plan 1.5 Pipe Cleaning Technical Provisions 1 . General The work covered by these specifications consists of furnishing all equipment, materials, labor, supervision, and incidental items necessary to perform the cleaning of the sanitary sewer collection system. Equipment shall be capable of cleaning and inspecting spans of sewer lines up to 1 .500 linear feet or greater. 2. Cleaning Requirements The Corpus Christi Water Pre-Treatment Division must inspect all equipment used by the Contractor to clean sewer lines or capture and transport debris and material removed from the sewer collection system. Contact the Contract Project Administrator to schedule an inspection. 3. Equipment Requirements Revised 11.30.20 A. High-Velocity Jet (hydro cleaning) Equipment a. All high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The Contractor shall have a selection of two or more high-velocity nozzles. b. The nozzles shall be capable of producing a scouring action from 10 to 60 degrees in all size lines designated to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reels. B. Hydraulically Propelled Equipment a. The equipment used shall be of a moveable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against the flooding of the sewer. The moveable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure grease removal. b. If sewer cleaning balls or other equipment that cannot be collapsed are used, special precautions to prevent the flooding of the sewers and public or private property shall be taken by the Contractor. Damages or claims resulting from backups and flooding shall be the responsibility of the Contractor. C. Mechanically Powered Equipment a. Bucket and/orwinch machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt- operated or have an overload device. Machines with a direct drive that could cause damage to the pipe will not be allowed. A power rodding machine shall be either a sectional ora continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. D. Jet Vac (vactor) Cleaning Equipment Vactor cleaning equipment as necessary to remove debris during cleaning operation. 4. Execution Revised 11.30.20 A. General Sewer Line Cleaning a. Sewer line cleaning shall be performed with hydraulically propelled high-velocity jets, and/or mechanical power equipment. Equipment shall be based on field conditions, such as access to manhole, type and quantity of debris to be removed, size of sewer, and depth of flow. Selected equipment shall be capable of cleaning spans of sewer set-up unless authorized by the City Project Administrator. b. Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines. The Contractor shall provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The method of cleaning for each segment shall be based on site conditions and shall be approved by the Engineer. c. Cleaning shall start from the upstream reaches of the study area, or neighborhood, and progress downstream. B. Pre-Cleaning Exploratory Investigation Prior to commencing work on a line segment, the Contractor shall deploy an exploratory CCTV through the pipeline to determine approximate average debris levels and/or grout levels to determine classification of "Light to Medium Cleaning", "Heavy Cleaning", "Light to Medium Grout Cleaning", and "Heavy Grout Cleaning" for payment purposes. For pipe sections with normal wastewater debris, levels may be ascertained by debris levels at in-line manholes, with the concurrence of the Engineer. C. Root Removal Roots shall be removed within the cleaning limits and shall be considered part of the sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Chemical means of root control or removal shall not be used on this project. D. Grease Removal Grease shall be removed within the cleaning limits and shall be considered part of the sewer cleaning procedures. Special Revised 11.30.20 attention should be given during the cleaning operations to ensure the complete removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment, such as rodding machines, bucket machines, and winches using root cutters and porcupines, as well as equipment such as high-velocity jet cleaners and hot water. Chemical means of grease removal using Environmental Protection Agency (EPA) approved chemical degreaser shall not be used on this project without prior authorization from the Contract Project Administrator. E. Manhole Cleaning Walls shall be washed using high pressure jet capable of 1,500 psi. Debris from the vault or manhole shall be vacuumed and disposed of in the same manner as debris removed from the sewer main cleaning. F. Debris Removal a. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood Wastewater Treatment Plant (WWTP) located at 1541 Saratoga Boulevard, Corpus Christi, Texas 78415, unless otherwise directed by the City Project Administrator. The Contractor shall coordinate dumping with the Corpus Christi Water at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. Debris removal shall be included in the price bid for the various pipeline cleaning items. b. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge waste in the State of Texas and the City of Corpus Christi. G. Cleaning and Inspection Notification Revised 11.30.20 a. The success of the Corpus Christi Water Sewer Cleaning and Inspection Program is dependent upon close coordination of the City and Contract activities affecting the Corpus Christi Water customers in an effort to maintain customer cooperation. The following are the requirements for notifying affected customers of cleaning and television inspection activities. All procedures must be followed. b. A notice ("flyer") shall be provided to each residence and business a minimum of two (2) full working days prior to working in the area. The notification flyer will inform the occupants of the purpose of the work, the possible events that may occur, and the telephone numbers to call if questions or problems arise. The master flyer for notification will be provided to the Contractor for use in making all necessary copies of the flyer on white paper for distribution to residences and businesses. c. The Contractor shall, on a daily basis, document all distribution of flyers. Documentation, at a minimum, shall include maps that show the areas that were notified, as well as the date and name of the person completing the notification. The Contractor shall provide this information to the Engineer and the City on a daily basis. The Contractor shall schedule work to be completed within five (5) full working days from the day that the notices are distributed. If the work is unable to be completed in the notified area before the end of the fifth full working day, the area will be re-notified. H. Cleaning Precautions a. During sewer cleaning operations, satisfactory precautions shall be taken in the use of all cleaning equipment. When hydraulically propelled cleaning tools that depend on water pressure to provide their cleaning force, or tools that impede the flow in the sewer line are being used, precautions shall be taken by the Contractor to ensure that the water pressure created does not damage or cause flooding of public/private property being served by the sewer. b. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessarily. No fire hydrants shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the City. The Contractor shall use a double backflow prevention Revised 11.30.20 device mounted on the fire hydrant in cases where the fire hose connected to the cleaning equipment is considered susceptible to contamination, regardless of the backflow configuration on the cleaning equipment. c. The Contractor shall be responsible for any damages caused by its actions during this project. The Contractor will comply with all City of Corpus Christi Water requirements. I. Remediation of Backup into Buildings a. Backups into buildings that occur during cleaning, inspecting, or plugging require immediate remediation using the services of a local firm specializing in cleaning and disinfecting residences and businesses. b. Upon discovery that a backup has occurred, the Contractor will immediately notify the City Project Administrator who will investigate the incident. The Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. c. The cleaning service firm shall be at the customer site within three (3) hours of notification of backup occurrence, or otherwise scheduled by customer. All communication will be through the City Project Administrator. d. Documentation of the remediation services provided shall be given to the City Project Administrator. In the event that the customer refuses the remediation services, the Contractor shall provide a business card and contact name to enable the customer to schedule a meeting with the City Project Administrator to gain access to the customer's property, shall be documented by the Contractor, and provided to the City Project Administrator. J. CCTV Requirements General a. Closed circuit television inspections will typically be done under one or more of the conditions listed below. Requirements for on- screen labeling during each line segment set up televising, video file labeling, and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City in the performance of work described in this specification. Revised 11.30.20 b. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and monitoring of the collection system for backups and surcharges, while flow control devices are in place. Inspection Equipment and Methods a. Electronic inspections software that is National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) (version 7.0.4 or greater) compliant shall be used to record the condition of each pipe segment inspected. The minimum header information required for each inspection is presented in Header Field Checklist herein. b. Video inspection is to be performed in the field by a NASSCO PACP certified operator. The operator's name and NASSCO certification number is required on each inspection. c. The Contractor will perform closed circuit video inspections of the sewers using current state-of-the-art technology and trained employees. CCTV camera will use high-resolution color with an adjustable iris focus. d. The CCTV camera will have pan-and-tilt capabilities that allow up close and right-angled inspections of defects, and other significant observations. The video camera will be equipped with a minimum of 1000 feet of video cable. Lighting on video camera will be suitable to allow proper illumination and clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high-quality video image. e. The capture system shall have the capability of recording, digitizing, and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to City Project Administrator), be transferable to flash drives, DVDs or hard drives, and have the ability to be printed. In every case, all observations will be recorded in the field Revised 11.30.20 by currently certified PACP operators, using PACP codes and protocols. Post inspection coding in an office will not be accepted. f. Footage distance measured by the video system will be accurate within 1% and will be used to determine footage for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference point used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute, to ensure that the sewer line can be thoroughly examined by the City while reviewing video. g. During the transit, the display must show the continued distance from the insertion manhole with an accuracy of +/- 1%of the actual length to help mark observations on the report form. The video must display all notable PACP observations and codes. h. The Inspection Report shall consist of condition observations recorded using computer software generated formats conforming to NASSCO PACP version 7.0.4 or greater. Items considered notable include: deviations in alignment and grade, abnormal conditions of the pipe barrel and joints, locations and quantities of any sources of infiltration or inflow, dropped, broken, properly/improperly installed service taps, debris, roots, or other impediments to flow, and any other conditions that may either prevent the proper completion of the inspection or affect any proposed rehabilitation process. The camera should be panned and tilted at each (if any) observed connection. Revised 11.30.20 Each pipe segment (manhole to manhole) shall be identified with an initial text screen and completed in accordance with PAPC's CCTV inspection form header instructions and shall be as follows: Header Field Checklist Field # Header Field Mandatory Required for this Project 1 Surveyed By X la Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X 6 Purchase Order Number 7 Pipe Segment Ref (PSR) X 8 Date X 9 Time 10 Street X 1 O City X 11 Location Details 12 Upstream MH No. 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X 25 Shape X 26 Material X 27 Lining Method 28 Pipe Joint Length X 29 Total Length X 30 Length Surveyed X 31 Year Laid 32 Year Renewed 33 Media Label Revised 11.30.20 34 Purpose 35 Sewer Category 36 Pre-Cleaning X 36a Date Cleaned X 37 Weather X 38 Location X 39 Additional Info. (Street or Easement) X 40 Work Order # X 41 Project X 42 Pressure Value 5. Flow Control A. The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in advance of the television camera to allow for the highest quality picture, along with a 360-degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360-degree view of the pipe being televised. An excessively high water level, condensation resulting in a blurred lens, or a submerged camera may be grounds for rejection of the inspection. B. All sewer flow from intersecting lines, which cannot be drawn down with a hydraulic jet nozzle, shall typically be controlled through the use of in-line plugs and/or vacuum trucks, and to the inspection for all lines up to 60" (inches) in diameter. Plugs in intersecting lines shall be installed by the Contractor. The Contractor shall also monitor the upstream system for backups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all SSOs to the City Project Administrator and the City Call Center at (361 )826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer recommendations, including, but not limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, use of flow control devices per manufacturer recommendation, traffic controls, and hazards associated with working in wastewater collection systems. C. No bypass pumping is anticipated under this scope of work. Revised 11.30.20 6. CCTV Reverse Set-Up A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. 7. Easement Access The Contractor will be responsible for providing equipment, including, but not limited to, portable CCTV equipment, vehicles capable of transporting TV equipment, and accessing remote easements, and adequate cleaning equipment to perform the cleaning and inspection of lines located within easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. 8. Work Hours Normal working hours shall be considered 8:00am to 5:00pm (0800 to 1700), Monday - Friday for the duration of the project. When authorized/required by the City Project Administrator, the Contractor may perform inspections during low flow periods to minimize impacts on traffic safety, or other various reasons as determined by the City. 9. Confined Space Entry When necessary to complete cleaning and inspection activities (including, but not limited to, plugging, flow control, etc.), the Contractor may enter manholes. All pertinent OSHA regulations will be followed, and the Contractorwill provide copies of confined space entry permits, if requested. 10. Deliverable A. Television Inspection Logs Electronic media inspection logs/records shall be kept by the Contractor and will clearly show the location, by distance in 1/10 of a foot, from the manhole wall, in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as locations of service connections, unusual conditions, roots, storm sewer connections, cracks, Revised 11.30.20 fractures, broken pipe, presence of scale and corrosion, and other discernible features, as defined in the PACP defect codes, will be recorded on electronic media, and a copy of such records will be taken by the Contractor. Photographs shall be located by distance in 1/10 of a foot from the manhole wall, in relation to an adjacent manhole. B. Electronic Media Recordings a. The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by Corpus Christi Wastewater. Each original electronic media recording of conditions and defects will be delivered to the City at least monthly, which summarizes the lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. b. The Contractor is required to provide NASSCO PACP complaint computer software-generated Inspection Report products to the Corpus Christi Wastewater, as a result of each work order issued. Acceptable submissions become the property of the City. The electronic recordings will have read-only software that will facilitate the viewing and printing of additional copies of the inspection report and the digital photographs. The CD, DVD-ROM, or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Corpus Christi Water within ten (10) calendar days of the last day of the performance period. C. Quality Control Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lenses, and blurry or hazy pictures that are determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. D. Upon Completion of the Project Submission of one properly labeled flash drive, hard drive, or DVD (as appropriate for the size of the project) will be required, along with one hard copy report. The media will be properly labeled to Revised 11.30.20 identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: • Project Name • Work Order Number • Contractor Name, Address, Contact Phone Number • Date a. All required reports, databases, photographs, and video are to be from City-approved software generated formats. Hard copy reports will be printed single-side on 8 '/2 "x 11 "paper, in color to improve the definition of problem areas, and delivered with the media. b. The final project submittal must be reconciled with the monthly billing with regards to quantities of work completed or any exceptions noted. Hard Copy On Media 1 . Project Summary Report (pdf or X X approved equal) 2. CCTV Defect Listing Log (pdf or X X approved equal) 3. Condition Code Summary (pdf or X X approved equal 4. Cleaning Log (pdf or approved X X equal) 5. NASSCO PACP Complaint Access X Database 6. Video Files (mpeg, wmv, or X approved equal) 7. Defect photographs (jpg or X approved equal) 8. Cleaning Log Summary (xlx or X approved equal) c. One report is required for each project, which may consist of an entire main line. The Contractor's software must be approved before the first work order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs, arranged in order by the PACP PSR identification number, beginning with the Revised 11.30.20 lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval. 11 .Measurement and Payment A. Measurement a. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. b. The City does not expressly or implicitly agree that the actual amount of the work to be done in the performance of the contract will correspond with the quantities in the Bid Form. The amount of work to be done may be more or less so that said quantities may be increased or decreased by the City as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the completion of the work, except as provided in the contract documents. B. Payments a. Payments to the Contractor shall be made on the basis of the prices in the contract and shall constitute full and complete payment for furnishing all materials, labor, tools and equipment, providing all reports and data deliverables, and for performing all operations necessary to complete the work included in the work orders. Such compensation shall also include payments for any loss or damages arising, directly or indirectly, from the work or from any discrepancies between the actual quantities of work and those shown in the work orders. Unless otherwise noted in the contract, the prices include all costs and expenses for mobilization, including, but not limited to, taxes, labor, licenses, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, and the maintenance of traffic, along with any and all other costs and expenses for performing and completing the work, as describes in the delivery order and specified herein. b. The basis of payment for an item at the price shown in the contract shall be in accordance with its description of the item in the Revised 11.30.20 Section, and as related to the work specified. Unit prices will be applied to the actual quantities furnished and installed in conformance with the work orders. c. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety, including the necessary reporting and documentation. C. Payment Items Mobilization L Item No. 1 Sewer Cleaning, CCTV Job Mobilization This price shall be per each mobilization for each sewer cleaning/inspection work order unless work crews are onsite and given continuous, consecutive work orders. Payment for job mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the project, including, but not limited to: multiple operations necessary for the movement of personnel equipment, supplies, and incidentals to the project site, sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre-construction expense necessary for the start of the work, permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre-construction documentation, traffic control devices, work associated with the Contract support during reviews and inspection, re- inspection and storage, and final clean-up. D. Traffic Control a. Item No. 2 Arterial Streets Traffic Control for Five (5) Lanes or Greater This lump sum price is per day for traffic control devices for arterial streets for each work order. b. Item No. 3 Collector Streets Traffic Control for Three (3) or Four (4) Lanes This lump sum price is per day for traffic control devices for collector streets for each work order. c. Item No. 4 Local Access Streets Traffic Control Revised 11.30.20 This lump sum price is per day for traffic control devices for residential streets for each work order. d. Item No. 5 Texas Department of Transportation (TxDOT) Right of Way (ROW) for Traffic Control This price is per day for traffic control devices for work adjacent to, in, or under TxDOT ROW for each work order. e. Item No. 6 Changeable Variable Message Boards Price and payment per day will be full compensation for furnishing, installing, operating, relocating, maintaining, and removing changeable message signs. E. Line Cleaning a. Item Nos. 7- 19 Line Cleaning, Light to Medium Cleaning i. Light to medium cleaning is for pipes with 0% to 20% (inches of debris/diameter of pipe x 100) debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. iv. Payment will be paid at the unit price per linear foot for the gravity main size. b. Item Nos. 20-32 Line Cleaning, Heavy Cleaning i. Heavy cleaning is for pipes with 20% or greater (inches of debris/diameter of pipe x 100) debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. iv. Payment will be paid at the unit price per linear foot for the gravity main size. c. Item Nos. 33-45 Line Cleaning, Grout Removal, Heavy Cleaning i. Grout that is present in line due to faulty previous liner installation. For pipes with greater than 20% (inches of grout/diameter of pipe x 100) grout debris levels. Revised 11.30.20 ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. iv. Payment will be made at the unit price per linear foot for the gravity main size. d. Item No. 46 Reverse Set-Up Reverse CCTV set-up shall only be measured and paid if an obstruction is encountered during the initial set-up that could not be removed, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (1500 feet) or CCTV cable (1000 feet) lengths. No reverse set-up fee will be authorized if the CCTV camera does not fit due to physical restrictions at the reverse location. e. Item No. 47-54 Bucket Cleaning L Measurement shall be based on the linear feet of sewer main televised. ii. Pipe size will be the diameter of the pipe or slip liner. iii. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re- televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. This unit price shall be provided full compensation for all work required, including but not limited to: mobilization, furnishing all labor, equipment and materials for cleaning, flow isolation, TV inspection and incidentals related to sewer main inspection. F. CCTV Inspection a. Item Nos. 52-64 CCTV Inspection L Measurement shall be based on the linear feet of sewer main televised. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work Revised 11.30.20 completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re- televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. The unit price shall provide full compensation for all work required, including, but not limited to mobilization, furnishing all labor, equipment and materials for cleaning, flow isolation, TV inspection, and all incidentals related to sewer mains inspection. G. Dry Solids Removal and Hauling a. Item No. 65 Dry Solids Removal and Hauling L This price shall be for dry solids removal and hauling from Greenwood WWTP drying beds to landfill; per 12yd dump truck load). Revised 11.30.20 Attachment B - Bid Pricing c e u e SC ow CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT U BID FORM ryORPOR01 1852 RFB No. 4875 Closed Circuit Televise (CCTV) Cleaning and Inspection of Large Diameter Wastewater lines Date: =1o`"23 PAGE 1 OF 4 b: Authorized Bidder: - 14a,G�A� Signature: 1. Refer to 1nstrucfoans to Bidders" and Contract Terms and Conditions before c ornp t ng bila 2. Quote Vow best price ,or each item. 3o M submitting thk bid, Bidder certifns that: a the prices in this bid have beer 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 I1 22® Unit Total Month Price Price Q 1. JOB MOBILIZATION SEWER ! EA 6 Y. CLEANING, CCTV 2. TRAFFIC CONTROL ARTERIAL DAY 20 STREET 3. TRAFFIC CONTROL COLLECTOR DAY 10 STREETc� ; 4. TRAFFIC CONTROL LOCAL DAY 20 ACCESS STREET 5. TRAFFIC CONTROL TXDOT ROW DAY -5 - 6. TRAFFIC CONTROL CHANGEABLE DAY 40 VARIABLE MESSAGE BOARDS EA F7 ]:LIGHT TO MEDIUM 10" PIPE SIZE LF 3000 CLEANING 8. LIGHT TO MEDIUM 12" PIPE SIZE LF 2000 yy CLEANING 9. LIGHT TO MEDIUM 16" PIPE SIZE LF 2000 CLEANING 10. LIGHT TO MEDIUM 18" PIPE SIZE LF 2000 CLEANING 1 1. LIGHT TO MEDIUM 20"-21" PIPE LF 600 IV CLEANING SIZE `� y �zc'>c-- 12. LIGHT TO MEDIUM 24" PIPE SIZE LF 500 , - ., , - CLEANING t i-l..1.� 13. LIGHT TO MEDIUM 27" PIPE SIZE LF 500 CLEANING tia 7 14. LIGHT TO MEDIUM 30" PIPE SIZE LF 500 CLEANING 15. LIGHT TO MEDIUM 36" PIPE SIZE LF 1000 CLEANING s is s, `e%re 16. LIGHT TO MEDIUM 42" PIPE SIZE LF 500 ,c�' CLEANING 17, LIGHT TO MEDIUM 48" PIPE SIZE LF 500 CLEANING 18. LIGHT TO MEDIUM 54" PIPE SIZE —CF--j-000 — CLEANING F1000CLEANING 3 7;e;,`' 19. LIGHT TO MEDIUM 60" PIPE SIZE LF 1000 5" 'y' CLEANING 20. HEAVY CLEANING 10" PIPE SIZE LF 3000yz,�. , 21. HEAVY CLEANING 12" PIPE SIZE LF 3000 , 22. HEAVY CLEANING 16" PIPE SIZE LF 2000 , — 23. HEAVY CLEANING 18" PIPE SIZE LF 1000 7 P. .;➢ejr��, 24. HEAVY CLEANING 20"-21" PIPE LF 1000 _ SIZE B' 25. HEAVY CLEANING 24" PIPE SIZE LF 3000 1 F 4?v 26. HEAVY CLEANING 27" PIPE SIZE LF 3000 6 27. HEAVY CLEANING 30" PIPE SIZE LF 3000 28. HEAVY CLEANING 36" PIPE SIZE LF 4000 29. HEAVY CLEANING 42" PIPE SIZE LF 1000 GcA 30. HEAVY CLEANING 48" PIPE SIZE LF 2000 31. HEAVY CLEANING 54" PIPE SIZE LF 1000 . HEAVY CLEANING 60°' PIPE SIZE LF _ 1000 33. HEAVY GROUT i0" PIPE SIZE =200 T REMOVAL Lc= CLEANING , 34. iEAVY GROUT 1219 PIPE SIZE LF 200 REMOVAL CLEANING 35. HEAVY GROUT 16 PIPE SIZE LF 300 REMOVAL ----- CLEANING 36. ' HEAVY GROUT 18" PIPE SIZE LF 500 REMOVAL CLEANING 37. HEAVY GROUT 20"-21°° PIPE LF 300 REMOVAL SIZE �� CLEANING 4, �; W. HEAD VY GROUT _ ---- ` 24 PIPE SIZE LF 1000 REMOVAL CLEANING 39. HEAVY GROUT REMOVAL 27" PIPE SIZE LF 1000 CLEANING 40. HEAVY GROUT 30" PIPE SIZE LF 300 REMOVAL I CLEANING 41. HEAVY GROUT _ -- J 36" PIPE SIZE LF 1000 REMOVAL CLEANING � 42. HEAVY GROUT - _.99 42 PIPE SIZE LF i 400 REMOVAL .5�'S i� t,---L $14,200 CLEANING . .. ...._.. 43. HEAVY GROUT 48" PIPE SIZE LF 400 r ' REMOVAL j:S rs`i7 1��,�. $14,200 , _ CLEANING .. 44, ; HEAVY GROUT 54" PIPE SIZE LF 100 i REMOVAL �c CLEANING k ---5, HEAVY GROUT _ 60 RIPE SIZE---- LF- 100 REM0V.,,L CLEANING S3` .53Lv, 46. REVERSE SET.-LIP ALL RIPE SIZES ' €�A 30 7• /S C3to 47. BUCKET CLEANING 36" PIPE SIZE LF 2000 48. BUCKET CLEANING 42" PIPE SIZE LF 2000 s ,� 49. BUCKET CLEANING 48" PIPE SIZE LF 2000 .3,�� 50. BUCKET CLEANING 54" PIPE SIZE LF 2000 51. BUCKET CLEANING 60" PIPE SIZE LF 500 ` 52. 1 CCN 10" PIPE SIZE LF 3000 53. CCTV 12" PIPE SIZE LF 3000 e�� i jet• ."�, 54. CCTV 16" PIPE SIZE LF 2000 S5. CCN 18" PIPE SIZE LF 2000--- CC v CCN 20"-21" PIPE IF 3000 SIZE – 57. CCN 24 PIPE SIZE LF 500-0 < 5$. CCTV 27" PIPE SIZE LF 3500 59CCN 30" PIPE SIZE LF 3000 60. CCN 36" PIPE SIZE LF 3000 61. CCN 42" PIPE SIZE LF 1200 62. CCN 48" PIPE SIZE LF 1 1000 3. CCN 54" PIPE SIZE LF 1000 r s,,a 6 . CCN 60" PIPE SIZE LF 1000 :; a�, •a 65. DRY SOLIDS 12 YD TRUCK EA 10 REMOVAL AND LOAD �It�f flrx?..� HAULING-,- 5, AULING , *The correct price is$710,500.00 �. Attachment C-Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of the subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator 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 for 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 $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 & 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) 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Revised 11.30.20 Additional Requirements - 1 . 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 Contractorwill be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. 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. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. 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 Revised 11.30.20 ■ 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 ten calendar days advance written notice for nonpayment of premium. 5. Within five 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 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. 6. 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 Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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. 8. 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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services -Services Performed Onsite - Pollution 05/10/2021 Risk Management—Legal Dept. Revised 11.30.20 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 29, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operations Officer for Water Utilities michaelmur(a)cctexas.com (361) 826-3556 Wesley Nebgen, Director Water System Infrastructure We s I ey N(a)cctexa s.co m (361) 826-3111 Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Wastewater Treatment Plant SCADA System Replacement CAPTION: Resolution authorizing a six-month service agreement with D. Reynolds Company, LLC, dba The Reynolds Company, of Fort Worth, for$265,640.88, to purchase equipment and software required for the replacement of the Wastewater Supervisory Control and Data Acquisition (SCADA) systems at the Greenwood and Broadway Wastewater Treatment Plants, with funding from the Wastewater Capital Fund. SUMMARY: This Resolution authorizes the purchase of new SCADA equipment and software required for the SCADA System replacement at the Greenwood and Broadway Wastewater Treatment Plants. BACKGROUND AND FINDINGS: The City of Corpus Christi Information Technology (IT) Department has examined the SCADA equipment at the Greenwood and Broadway Wastewater Treatment Plants and found that the SCADA Systems are outdated and unsupported. Since the equipment is beyond end-of-life and no longer supported by the manufacturer, it is not possible to procure new parts to maintain the current SCADA Systems. The new Rockwell SCADA Systems being procured from D. Reynolds Company, LLC dba The Reynolds Company will meet new SCADA Standards implemented by the IT Department. PROCUREMENT DETAIL: This is a sole source procurement. A statutory exception for this procurement is Texas Local Government Code, 252.022(a)(7)(A) available from only one source due to copyrights, secret processes, or patents. D. Reynolds Company, LLC dba The Reynolds Company, is the sole-source distributor authorized to sell Allen-Bradley products and related Rockwell Automation services in Nueces County. Although this is a sole source procurement, The Reynolds Company is offering the City of Corpus Christi savings of $44,596.18, or 14.37%. Description Pricing Discount MSRP $310,237.06 The Reynolds Company $265,640.88 14.37% ALTERNATIVES: The Council may choose to continue using the current Wastewater Plant SCADA systems. Since it is not possible to procure replacement parts, this decision would leave the City vulnerable to Wastewater service outages. These outages will likely take several days to repair and might incur TCEQ fines. FISCAL IMPACT: The FY 2023 fiscal impact will be $265,640.88 from the Wastewater Capital Fund for the replacement of 2 SCADA systems. FUNDING DETAIL: Fund: 4260 Organization/Activity: 89 Department: 46 Project # (CIP Only): 18082A4260EXP Account: 550040 Amount: $195,640.88 Fund: 4260 Organization/Activity: 89 Department: 46 Project # (CIP Only): 18082A4260EXP Account: 530000 Amount: $70,000.00 RECOMMENDATION: City staff recommend approving the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Statutory Exemption Form Resolution authorizing a six-month service agreement with D. Reynolds Company, LLC, dba The Reynolds Company, of Fort Worth, for $265,640.88, to purchase equipment and software required for the replacement of the Wastewater Supervisory Control and Data Acquisition (SCADA) systems at the Greenwood and Broadway Wastewater Treatment Plants, with funding from the Wastewater Capital Fund. WHEREAS, D. Reynolds Company, LLC, dba The Reynolds Company, can provide replacement of the SCADA systems at the Greenwood and Broadway wastewater treatment plants; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; WHEREAS, there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to patents, copyrights, secret processes, or natural monopolies. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to secure a six-month service agreement with D. Reynolds Company, LLC, dba The Reynolds Company, in the amount of $265,640.88 with funding from the Wastewater Capital Fund. Page 1 of 2 PASSED AND APPROVED on the day of , 2023 Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3=5EA3127 SERVICE AGREEMENT NO. 142535 v Wastewater Treatment Plant SCADA System Replacement NCOgA00.A1 V 1852 THIS Wastewater Treatment Plant SCADA System Replacement Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and D. Reynolds Company, LLC, dba The Reynolds Company ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Wastewater Treatment Plant SCADA System Replacement in response to Request for Bid/Proposal No. SS 142535 ("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 shall provide Wastewater Treatment Plant SCADA System Replacement ("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. The term of this Agreement is six months 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 as needed, provided, the parties do so in writing prior to the expiration of the original term or the then-current extended term. 3. Compensation and Payment. This Agreement is for an amount not to exceed $265,640.88, 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: Service Agreement-The Reynolds Company DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 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: David Lopez IT Department Phone: 361-826-1935 Email: DavidL4Ccctexas.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 Contractorto be provided to the City underthis 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 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. Service Agreement-The Reynolds Company DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 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 priorwritten approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal yearof the City,which fiscal yearends on September30'h 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. Service Agreement-The Reynolds Company DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 12. Subcontractors. In performing the Services, the 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 unless the subcontractors were named in the bid or proposal or in an attachment to this Agreement, as applicable. 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 same 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: David Lopez, SCADA Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-1935 Fax: n/a IF TO CONTRACTOR: D. Reynolds Company, LLC dba The Reynolds Company Attn: Frank Bettencourt, Senior Account Manager 2680 Sylvania Cross Drive, Ft. Worth, TX 76137 Phone: 361-882-2585 Fax: n/a Service Agreement-The Reynolds Company DocuSign Envelope ID:7FO5C747-D31 E-4E26-9038-F3COD5EA3127 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'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. CONTRACTOR'S OBLIGATIONS DESCRIBED IN THIS SECTION 17 ARE LIMITED TO THE PERCENTAGE EXTENT THAT ANY SUCH CLAIMS WERE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR. 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 Service Agreement-The Reynolds Company DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 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 either party be liable for incidental, consequential or special damages suffered by the other party. 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; followed by its exhibits; 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 Service Agreement-The Reynolds Company DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 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. CONTRACTOR 2 DocuS igned by: Signature: _ MA t,In"Lkv1� C60D6599328A4 DA... Printed Name: Frank Bettencourt Title: Account Manager Date: 8/15/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Approved as to form: Assistant City Attorney 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. SS 142535 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement-The Reynolds Company DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 Attachment A: Scope of Work A. This Scope of Work document is to designate the steps that will be taken to complete the Wastewater Treatment Plant SCADA (Supervisory Control and Data Acquisition) Upgrade Project for Broadway and Greenwood. This project will be managed by the City of Corpus Christi, IT SCADA Group, with the assistance of the IT Infrastructure Group, and Wastewaters I&E Group. A third- party contractor will be assisting with the setup of the Servers, and SCADA Software. B. The Scope of Work is to upgrade the current SCADA Computer Equipment at the Broadway and Greenwood Wastewater Treatment Plants. The current SCADA System was built with a desktop computer utilizing Windows XP Operating System; the current SCADA Application software is National Instruments "Lookout". Both the Operating System and SCADA software applications have reached their End of Life and are no longer supported by manufacturers. C. The following SCADA Equipment and Software will be installed per Wastewater Treatment Plant: 1 . Qty. 2 DataON Servers Nodes - Part Number: S2D-61 12-HCI 2. Qty. 1 Tripp Lite 42U Rack Enclosure 3. Qty. 1 Tripp Lite 8- Port Rack Console 4. Qty. 1 Eaton 5PX G2 - Netpack UPS 3000 Watt 5. Qty. 1 TANlock 3 - Door Lock - Black 6. Rockwell Automation - SCADA Software - Provided by Mid-Coast Electric D. The following responsibilities are to be completed at each of the Wastewater Treatment Plants: 1 . I.T. SCADA Managers Responsibility a. Acquire and Submit Quotations for SCADA Servers b. Acquire and Submit Quotations for Server Hardware (Racks, Power Distribution and UPS) c. Acquire and Submit Quotation for SCADA Software and Server Setup d. Submit quotations and documentation to IT Management for city agenda package e. Initiate and Manage Project with the help of IT Infrastructure, IT SCADA, and Wastewater I&E 2. IT SCADA Responsibility a. Assist in the Installation of SCADA Hardware and Servers b. Create HMI (Human Machine Interface) Graphics for Operations 3. IT Networking Responsibility Page 1 of 2 DocuSign Envelope ID:7FO5C747-D31 E-4E26-9038-F3COD5EA3127 a. Configure Network Servers to communicate with the City Network b. Configure the PRTG Application to monitor the connectivity of the SCADA Servers 4. IT Infrastructure a. With the assistance of IT Infrastructure, set up the VMs (Virtual Machines) and licensing 5. IT SCADA and Third-Party Integrator a. With the help of a third-party integrator, set up the SCADA Software 6. IT SCADA and Wastewater I&E a. Commission the Plant SCADA Systems with the assistance of Wastewater I&E Page 2 of 2 DocuSign Envelope ID:7FO5C747-D31 E-4E26-9038-F3COD5EA3127 MID-COAST Attachment 13: bid/Pricing Schedule QUOTE ELECTRIC SUPPLY An Affiliate of The Reynolds Company 4541 AGNES ST Entered Date Customer PO# Customer# Order# CORPUS CHRISTI,TX 78405-3323 6/20/23 BROADWAY 600000289 23261382-00 (361)882-2585 Placed By Sales Rep In Sales Rep Out CARLOS GONZALEZ FRANK BETTENCOURT Taken By Requested Ship Date Printed Date and Time MCAZ 6/20/23 6/20/23 12:10 PM Bill To Ship To CITY OF CORPUS CITY OF CORPUS PO BOX 9277 WAREHOUSE@STEVENS FILTER PLANT 13101 LEOPARD ST CORPUS CHRISTI,TX 78469-9277 CORPUS CHRISTI,TX 78410-4524 WE ARE PLEASED TO PROVIDE THE FOLLOWING QUOTE FOR YOUR REVIEW QUOTES ARE VALID FOR 30 DAYS WITH THE EXCEPTION OF COMMODITIES OR WHERE OTHERWISE NOTED Instructions Reference Ship Point Ship Via Terms MCE-CORPUS CHRISTI OUR TRUCK NET30 Notes ProductLine . Description Quote Qty Net Avail Estimated Unit Price PriceUM NetAmourl Ship 1 ALBR9641MTMFT11 5.00 0.000.00 6/21/23 1,476.11 E 7,380.55 A-B 9541 M-TMFT11 THINMAN AGER V-FLEX 1 PERPETUAL 2 ALBR9641MTMUT11 5.00 0.00 6/21/23 615.76 EA 3,078.80 A-B 9541 M-TMUT11 THINMANAGER V-FLEX 3 ALBR9701MVWSVBDL05T31 1.00 0.00 6/21/23 16,655.19 EA 16,655.19 A-B 9701 M-VWSVBDL05T31 FACTORYTALK VIEW SE 4 ALBR9701MVWRSVRT31 1.00 0.00 6/21/23 5,343.91 EA 5,343.91 A-B 9701 M-VWRSVRT31 FACTORYTALK VIEW SE 5 ALBR9618MHSTT11 3.00 0.00 6/21/23 12,240.18 EA 36,720.54 A-B 9518M-HSTT11 HISTORIAN SE STANDARD 6 ALBR9618MHSTRT181 1.00 0.00 6/21/23 4,242.38 EA 4,242.38 A-B 9518M-HSTRT181 HISTORIAN SE OPC DATA 7 ALBR9324MRLDT21 1.00 0.000.00 6/21/23 4,779.88 E 4,779.88 A-B 9324M-RLDT21 ESD STUDIO 5000 STANDARD W/ 8 ALBR9701MVWSTDENTT61 1.00 0.00 6/21/23 3,180.90 EA 3,180.90 A-B 9701 M-VWSTDENTT61 FA CTORYTALK STUDIO ENTERPR 9 ALBR9301MKSET11 2.00 0.00 6/21/23 3,074.87 EA 6,149.74 A-B 9301 M-KSET11 KEPSERVER MFG SUITE PERP 10 SPYSWIN91 1/STANDARD 1.00 0.00 6/21/23 2,300.00 EA 2,300.00 SPY WIN-911/STANDARD SOFTWARE 11 SPYSWIN911/FT 1.00 0.00 6/21/23 300.00 EA 300.00 SPY WIN-911/FT FACTORY TALK A&E CLIENT 12 ALBR6200TKB 5.00 0.00 6/21/23 1,537.71 E 7,688.55 A-B 620OT-KB VERSAVIEW 5200 DUAL 4K THIN CLIENT THE ESTIMATED SHIP DATE IS ONLY ACCURATE FOR IMMEDIATE ORDERS AND IS BASED ON AVAILABILITY AT THE TIME OF ORDER. The sale of products and services by Seller is subject to Seller's general terms and conditions of sale('Seller's Terms")as attached to this document or as otherwise posted on Seller's website.Seller objects to and rejects any terms or conditions that may appear on or are referenced in Customer's purchase order or other documents that are in addition to or otherwise inconsistent with Seller's Terms. Customer's receipt or acceptance of delivery of any ordered item above will constitute its acceptance of Seller's Terms. Page 1 of 4 DocuSign Envelope ID:7FO5C747-D31 E-4E26-9038-F3COD5EA3127 MID-COAST QUOTE ELECTRIC SUPPLY An Affiliate of The Reynolds Company 4541 AGNES ST Entered Date Customer PO# Customer# Order# CORPUS CHRISTI,TX 78405-3323 (361)882-2585 6/20/23 BROADWAY 600000289 23261382-00 Placed By Sales Rep In Sales Rep Out CARLOS GONZALEZ FRANK BETTENCOURT Taken By Requested Ship Date Printed Date and Time MCAZ 6/20/23 6/20/23 12:10 PM Bill To Ship To CITY OF CORPUS CITY OF CORPUS PO BOX 9277 WAREHOUSE@STEVENS FILTER PLANT 13101 LEOPARD ST CORPUS CHRISTI,TX 78469-9277 CORPUS CHRISTI,TX 78410-4524 ProductLine . Description Quote Qty Net Avail Estimated Unit Price PriceUM NetAmourl Ship 13 SCADA IT INTEGRATION 1.00 0.00 6/21/23 35,000.00 EACH 35,000.00 SERVICE 13 Lines Total Total Qty Quoted 28.00 Subtotal 132,820.44 Taxes 0.00 Total 132,820.44 THE ESTIMATED SHIP DATE IS ONLY ACCURATE FOR IMMEDIATE ORDERS AND IS BASED ON AVAILABILITY AT THE TIME OF ORDER. The sale of products and services by Seller is subject to Seller's general terms and conditions of sale('Seller's Terms")as attached to this document or as otherwise posted on Seller's website.Seller objects to and rejects any terms or conditions that may appear on or are referenced in Customer's purchase order or other documents that are in addition to or otherwise inconsistent with Seller's Terms. Customer's receipt or acceptance of delivery of any ordered item above will constitute its acceptance of Seller's Terms. Page 2 of 4 DocuSign Envelope ID:7FO5C747-D31 E-4E26-9038-F3COD5EA3127 MID-COAST QUOTE ELECTRIC SUPPLY An Affiliate of The Reynolds Company 4541 AGNES ST Entered Date Customer PO# Customer# Order# CORPUS CHRISTI,TX 78405-3323 6/20/23 GREENWOOD 600000289 23594342-00 (361)882-2585 Placed By Sales Rep In Sales Rep Out CARLOS GONZALEZ FRANK BETTENCOURT Taken By Requested Ship Date Printed Date and Time MCAZ 6/20/23 6/20/2312:11 PM Bill To Ship To CITY OF CORPUS CITY OF CORPUS PO BOX 9277 WAREHOUSE@STEVENS FILTER PLANT 13101 LEOPARD ST CORPUS CHRISTI,TX 78469-9277 CORPUS CHRISTI,TX 78410-4524 WE ARE PLEASED TO PROVIDE THE FOLLOWING QUOTE FOR YOUR REVIEW QUOTES ARE VALID FOR 30 DAYS WITH THE EXCEPTION OF COMMODITIES OR WHERE OTHERWISE NOTED Instructions Reference Ship Point Ship Via Terms MCE-CORPUS CHRISTI OUR TRUCK NET30 Notes ProductLine . Description Quote Qty Net Avail Estimated Unit Price PriceUM NetAmourl Ship 1 ALBR9641MTMFT11 5.00 0.000.00 6/21/23 1,476.11 E 7,380.55 A-B 9541 M-TMFT11 THINMAN AGER V-FLEX 1 PERPETUAL 2 ALBR9641MTMUT11 5.00 0.00 6/21/23 615.76 EA 3,078.80 A-B 9541 M-TMUT11 THINMANAGER V-FLEX 3 ALBR9701MVWSVBDL05T31 1.00 0.00 6/21/23 16,655.19 EA 16,655.19 A-B 9701 M-VWSVBDL05T31 FACTORYTALK VIEW SE 4 ALBR9701MVWRSVRT31 1.00 0.00 6/21/23 5,343.91 EA 5,343.91 A-B 9701 M-VWRSVRT31 FACTORYTALK VIEW SE 5 ALBR9618MHSTT11 3.00 0.00 6/21/23 12,240.18 EA 36,720.54 A-B 9518M-HSTT11 HISTORIAN SE STANDARD 6 ALBR9618MHSTRT181 1.00 0.00 6/21/23 4,242.38 EA 4,242.38 A-B 9518M-HSTRT181 HISTORIAN SE OPC DATA 7 ALBR9324MRLDT21 1.00 0.000.00 6/21/23 4,779.88 E 4,779.88 A-B 9324M-RLDT21 ESD STUDIO 5000 STANDARD W/ 8 ALBR9701MVWSTDENTT61 1.00 0.00 6/21/23 3,180.90 EA 3,180.90 A-B 9701 M-VWSTDENTT61 FA CTORYTALK STUDIO ENTERPR 9 ALBR9301MKSET11 2.00 0.00 6/21/23 3,074.87 EA 6,149.74 A-B 9301 M-KSET11 KEPSERVER MFG SUITE PERP 10 SPYSWIN91 1/STANDARD 1.00 0.00 6/21/23 2,300.00 EA 2,300.00 SPY WIN-911/STANDARD SOFTWARE 11 SPYSWIN911/FT 1.00 0.00 6/21/23 300.00 EA 300.00 SPY WIN-911/FT FACTORY TALK A&E CLIENT 12 ALBR6200TKB 5.00 0.00 6/21/23 1,537.71 E 7,688.55 A-B 620OT-KB VERSAVIEW 5200 DUAL 4K THIN CLIENT THE ESTIMATED SHIP DATE IS ONLY ACCURATE FOR IMMEDIATE ORDERS AND IS BASED ON AVAILABILITY AT THE TIME OF ORDER. The sale of products and services by Seller is subject to Seller's general terms and conditions of sale('Seller's Terms")as attached to this document or as otherwise posted on Seller's website.Seller objects to and rejects any terms or conditions that may appear on or are referenced in Customer's purchase order or other documents that are in addition to or otherwise inconsistent with Seller's Terms. Customer's receipt or acceptance of delivery of any ordered item above will constitute its acceptance of Seller's Terms. Page 3 of 4 DocuSign Envelope ID:7FO5C747-D31 E-4E26-9038-F3COD5EA3127 MID-COAST QUOTE ELECTRIC SUPPLY An Affiliate of The Reynolds Company 4541 AGNES ST Entered Date Customer PO# Customer# Order# CORPUS CHRISTI,TX 78405-3323 (361)882-2585 6/20/23 GREENWOOD 600000289 23594342-00 Placed By Sales Rep In Sales Rep Out CARLOS GONZALEZ FRANK BETTENCOURT Taken By Requested Ship Date Printed Date and Time MCAZ 6/20/23 6/20/2312:11 PM Bill To Ship To CITY OF CORPUS CITY OF CORPUS PO BOX 9277 WAREHOUSE@STEVENS FILTER PLANT 13101 LEOPARD ST CORPUS CHRISTI,TX 78469-9277 CORPUS CHRISTI,TX 78410-4524 ProductLine . Description Quote Qty Net Avail Estimated Unit Price PriceUM NetAmourl Ship 13 SCADA IT INTEGRATION 1.00 0.00 6/21/23 35,000.00 EACH 35,000.00 SERVICE 13 Lines Total Total Qty Quoted 28.00 Subtotal 132,820.44 Taxes 0.00 Total 132,820.44 THE ESTIMATED SHIP DATE IS ONLY ACCURATE FOR IMMEDIATE ORDERS AND IS BASED ON AVAILABILITY AT THE TIME OF ORDER. The sale of products and services by Seller is subject to Seller's general terms and conditions of sale('Seller's Terms")as attached to this document or as otherwise posted on Seller's website.Seller objects to and rejects any terms or conditions that may appear on or are referenced in Customer's purchase order or other documents that are in addition to or otherwise inconsistent with Seller's Terms. Customer's receipt or acceptance of delivery of any ordered item above will constitute its acceptance of Seller's Terms. Page 4 of 4 DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 Attachment C: Insurance & 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 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 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. 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 Page 1 of 3 DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 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 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 Page 2 of 3 DocuSign Envelope ID:7F05C747-D31 E-4E26-9038-F3COD5EA3127 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. 2023 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 01/01/2023 Risk Management - Legal Dept. No bond is required for this service agreement. Page 3 of 3 DocuSign Envelope ID:7FO5C747-D31 E-4E26-9038-F3COD5EA3127 Attachment D: Warranty Requirements Warranty for all electrical, panel work and programming will be for 180 days from date of completion. Page 1 of 1 so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 29, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Police Chief Mikema@cctexas.com (361) 886-2601 Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Lower Colorado River Authority "LCRA" Radio Integration Interlocal CAPTION: Resolution authorizing execution of an interlocal cooperation agreement with the Lower Colorado River Authority (LCRA) for integration of the City's public safety radio system and the LCRA's public safety radio system. SUMMARY: The City and the LCRA want to integrate their radio systems. Integrating these radio systems will provide coverage north on Highway 37 and Highway 77 to San Antonio. Also, this integration will provide coverage in Austin, Houston, Galveston and other parts of central Texas. Integrating these radio systems will assist with hurricane evacuations, mutual aid fire responses and other public safety emergencies. BACKGROUND AND FINDINGS: The Corpus Christi radio system does not have radio coverage all the way to San Antonio via Highway 37 or Highway 77 which are evacuation routes. Integrating the LCRA radio system with the Corpus Christi radio system will address the lack of radio coverage on these important evacuation routes. Also, the Coastal Bend Public Safety Radio Coalition will have access to the radio coverage on Highways 37 and 77. There is no charge to be integrated with the LCRA radio system. Each entity will be responsible to maintain their own radio systems per the agreement. ALTERNATIVES: City Council could choose not to authorize the interlocal which means the Corpus Christi radio system will not have radio coverage all the way to San Antonio via Highway 37 or Highway 77 which are evacuation routes. FISCAL IMPACT: There is no fiscal impact for this item. FUNDING DETAILS: N/A RECOMMENDATION: Staff recommends approval of this Interlocal Cooperation Agreement with LCRA. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Cooperation Agreement Resolution authorizing execution of an interlocal cooperation agreement with the Lower Colorado River Authority (LCRA) for integration of the City's public safety radio system and the LCRA's public safety radio system. WHEREAS, radio interoperability and connectiveness are necessary to enhance the operational needs of both the City of Corpus Christi (City) and the Lower Colorado River Authority (LCRA) for emergency management purposes; and WHEREAS, enhanced connectiveness and reliability of the public safety radio systems are critical for sustaining communications within the region in the event of a hurricane or other emergency. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this interlocal cooperation agreement. Section 2. The City Manager, or his designee, is authorized to execute an interlocal cooperation agreement with the Lower Colorado River Authority to integrate the public safety radio systems of the City and LCRA. An executed copy of the agreement will be placed on file with the City Secretary's Office. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor INTERLOCAL AGREEMENT FOR INTEROPERABILITY OFPUBLIC SAFETY RADIO SYSTEMS This INTERLOCAL AGREEMENT FOR INTEROPERABILITY OF PUBLIC SAFETY RADIO SYSTEMS ("Agreement") is made on the date last signed by the parties hereto ("Effective Date"), by and between the Lower Colorado River Authority ("LCRA"), a local government, being a conservation and reclamation district of the State of Texas created pursuant to Article XVI, Section 59 of the Texas Constitution and the City of Corpus Christi, Texas ("City"), a municipality of the State of Texas. WITNESSETH: WHEREAS, this Agreement is entered into pursuant to the Interlocal Cooperation Act, Section 791.011 of the TEXAS GOVERNMENT CODE; and WHEREAS, the Parties to this Agreement desire to enhance public safety operations by improving public safety radio system interoperability between their respective public safety departments during local and regional emergency events; and WHEREAS, the Parties have determined it would be in the best interests of their respective citizens to cooperate and coordinate efforts to increase public safety radio system interoperability between their respective emergency radio systems. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements andbenefits, the Parties agree as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms have the meanings set out below: A. "Agreement" means this contract between the Parties, including all exhibits and any written amendments authorized by the Parties. B. "Effective Date" means the date when this Agreement is last signed by a party hereto. C. "Party" or "Parties" means a party to this Agreement, individually or collectively. D. "Public Safety Radio System" means a Party's P-25 compliant public safety radio system. E. "ISSI" means a Inter RF Subsystem Interface I ARTICLE II TERM A. The initial term of this Agreement is for three (3) years (the "Initial Term") and shall commence on the Effective Date. After the Initial Term, this Agreement will automatically renew for 3 successive three-year terms (each such renewal period, a "Renewal Term"), provided that either Party may terminate this Agreement by giving to the other party written notice at least ninety (90) days prior to the end of the then effective Renewal Term. ARTICLE III OBLIGATIONS AND RIGHTS OF THE CITY OF CORPUS CHRISTI A. The City expressly grants to LCRA the right to connect to its Public Safety Radio System through ISSI-compliant hardware and software, as described herein, so as to provide interoperability of such system to LCRA's public safety responders and that of LCRA's radio customers for the following counties: Nueces County, Kleberg County, Brooks County, and San Patricio County. B. The City shall contribute to LCRA and provide access to two (2)five-channel Phase 1 P25 sites (the "Phase 1 Sites"), as described below. The City shall retain title to the Phase 1 Sites. • One (1) site shall be placed in Live Oak County, Texas (the "Live Oak Site"). The City shall be responsible for the maintenance of the tower, equipment, and connectivity at the Live Oak Site; • One (1) site shall be placed in Goliad County at the LCRA-awned facility as described below; C. The City agrees not to assign or convey rights to any licensed frequencies that it may own and for which it provides interoperability hereunder and the City shall remain the licensee for its frequencies; except that the City may assign or convey the rights to such licensed frequencies (i) to any of its subsidiaries or affiliates, (ii) by way of any merger, consolidation or reorganization of the City with a third party, or (iii) as part of a transfer of all or substantially all of the assets of the City to another party. ARTICLE IV OBLIGATIONS AND RIGHTS OF LCRA A. LCRA expressly grants to the City the right to connect to its Public Safety Radio System through ISSI-compliant hardware and software, as described herein,so as to provide interoperability of such system to the City's public safety responders. B. LCRA shall contribute one hundred percent (100%) of the cost to upgrade the Phase 1 Sites to Phase 2 sites. C. LCRA shall contribute to the City LCRA's existing shelter, generator, and connectivity at its existing Goliad County communications site (the "Goliad Site"). • LCRA shall maintain ownership of the shelter, generator, antennae, and connectivity at the Goliad Site. The tower at the Goliad Site is leased by LCRA from a third party. 2 ° LCRAshall besolely responsible for any incremental lease costs otthe GD|iad Site which may ahse, and will OVvn any additional equiprnent, including antennae, installed at the GO|iad Site needed to effectuate the purpose Dfthis Agreement. D. LCRA agrees not to assign or convey rights to any licensed frequencies that it may OvvO and for which it provides interoperability hereunder and LCRA Sh8|| remain the licensee for its frequencies; except that LCRAmay assign orconvey the rights to such licensed frequencies (i) to any of its subsidiaries or affiliates, (ii) by way of any merger, consolidation or reorganization ofL(|FlAwith 8 third party, or (iii) as part 0f8transfer Ofall orsubstantially all ofthe assets 0fLCRAtVanother party. ARTICLE V |SS| CONNECTION A. In connection with the foregoing nb|ig8UDnm and rights of the Parties, the Parties rnutu@||V agree to maintain an |SS| connection with one another during the term Of this Agreement for purposes of enhanced interoperability of their respective Public Safety Radio SySbeDlS consistent with the purposes outlined in the neCit8|e and terms of this Agreement. Each party shall bear the cost and expense for maintaining its end of the |SG| interconnection, including any necessary h@rdvvare. SVftmGre or other equipment. U. Each party shall maintain its respective Public Safety Radio System, and will bear its own costs in doing so. LCRA and the City each have 2 radio system cores for their respective Public Safety F|GdiO Systems. The parties agree to create redundant connections among each of its radio SyShenn CDne5 using |SS| connection technology. These redundant connections shall be completed in phases to be mutually 8Qe*ed upon by the parties. C.The |SS| connection will Support a rnaxirnVnn Of 24 t8|hpathS between the two SVoternG. D.L(|RAgrants tO the City the right to program specific Public Safety Radio System interoperability t8|kQroupS /kOOxvn collectively as "LCRA '\ which one licensed to LC|RA. The City shall utilize LCR/\ T@|hg[oupo in a way that enhances regional radio interoperability and in compliance with applicable |@xv. The City Sh3|| have no right to ee||, aouign, tr8nofer, p|edge, or otherwise encumber Or dispose Of the rights granted to it under this Agreement, 8XC8pt as otherwise specified in this Agreement. LCRA reserves all rights to decide who Sho|| have @CCeSS to its Public Safety Radio System and ueei0nnnemt of channel use. 3 LCRA is not assigning or conveying rights to any license for LCRA Ta|konUupS hereunder and L{|R/\ shall remain the licensee for LCRATG|knnJups. Any and all costs for subscriber radio pr0g[8rnrninQ for the City's use of the LCRA Ta|kgnoupGshall bethe responsibility ofthe City. AVt0nn@tio roaming of City users onto the LCRA Public Safety Radio System at no charge iSNOT contemplated Orpermitted under this Agreement. E. The City grants to LCRAth8 right to program specific Public Safety Radio System interoperability bg|kg[0UpS (hOoVVO CO||eCtiVe|y as "CitV '') which are licensed tOthe City. LCRA oh8|| utilize City T8|kgroup8 in @ vvmy that enhances regional radio interoperability and in compliance with applicable |Gxv. LCRA shall have no right to sell, assign, transfer, pledge, or otherwise encumber or dispose of the rights granted to it under this Agreennent, except as otherwise specified imthis Agreement. The City reserves all rights to decide who shall have aCc8SS to its Public Safety Radio System and assignment Ofchannel use. The City is not assigning or conveying rights to any license for City To|kOn}upa hereunder and the City shall remain the licensee for City T@|kgroUp8. Any and all costs for subscriber radio pn]grGrnrOiOg for L[|R/\'a use Of the City Ta|hgn3uposhall bethe responsibility VfLCRA. AutDrn@UC roaming DfLCRA users onto the Cih/`S Public Safety Radio System at no charge is NOT contemplated Vrpermitted under this Agreement. F. LCRA and the City may odd additional LCR!A -[a|hgroUpS Or City Ta|kgrOupG, neapeobve|y, to be Shored with the other Party without need for an amendment to this Agreement. Any other revisions or amendments to the LCRA Talkgroups or City Talkgroups shared hereunder shall be done in writing and agreed to by both Parties. ARTICLE V| FUNDING AND COMPENSATION A. The Parties agree that each Party will pay for its own performance Ofgovernmental functions or Sen/iCea that it performs in furtherance of this Agreement. To the extent required by |@vv' the PGdv 8h8|| nn@ko those payments only from current n8VeOua8 legally available tothe paying p@dv at the time the payment bCounn88 due. |nthe event aParty does not appropriate orallocate funds for the purpose Of 4 this Agreement, the sole remedy of the other Party is to suspend or terminate this Agreement. B. The Parties shall not charge each other any fees for use Ofthe other Party's Public Safety Radio System once the |GS| interface is completed and operable. Each Party agrees that enhanced interoperability of the Parties' Public 8afoh/ F(8di0 Systems is adequate consideration for the usage rights granted to each other hereunder. C. The Parties expressly understand and agree that any oftheir respective duties to pay money to another Party under this Agreement iSlimited in its entirety bythe proVioinn8DfthiS Agreement. The Parties recognize that under certain provisions of Texas |8vv. @ Party may not obligate itself by contract to on extent in 8XCeSS of an amount therefor appropriated by its governing body. /\ Party's only remedy is suspension or termination of its performance under this Aoreennent, and it has no other remedy in |@vv or in equity against another Party and no right to damages of any kind. ARTICLE VX| DEFAULT AND TERMINATION A. If, at any time during the term of this Agreement or during any Renewal Tenn. a Party defaults under any provision of this Agr88nO8Ot, the non-defaulting P@dv will provide the defaulting Party written notice of such def@u|t. specifying the nature Of the default. The defaulting Party will have 30 days after receipt ofthe written notice to COD101ence cure of the default. In the event the defaulting Party fails to COnlnD8nce Cure of the default within the 30-day period, or to thereafter reasonably prosecute the cure to nnrnp|edon. the non-defaulting P@dm shall have the right to irnmediGt8|Vtenninate this Agreement and shall also have the right to pursue any and all other available legal or equitable remedies. B. In addition to termination as provided in Section || //\\ and Section V|| (A) above, this Agreement Sh8|| also terminate immediately as to any of the licensed frequency Or t@|kgrOupS covered by this Agreement if the |iCSDSe/S\ or authorization(s) for a P8dv'S use of a |iC8OS8 is revoked by the Federal Communications Commission ("FCC") or other proper licensing authority. C. Upon termination of this Agreement all usage rights to a Party's Public S@fab/ Radio System ehm|| immediately revert to the owner Ofsuch SV8tern. respectively. ARTICLE V||U NONDISCLOSURE A. TO the extent e||Oxved by |8Vv' the parties agree to maintain confidentiality Of all communications and technical information that is shared under this Agreement. ARTICLE IX NOTICES 5 A. All notices and communications under this Agreement shall be sent by certified mail, return receipt requested, postage pre-paid, and properly addressed as follows: If to Lower Colorado River Authority, to the following address: with duplicate Copy to: Attention- Vice President of Attention- LCRA Legal Department Telecom Business Development Lower Colorado River Authority Lower Colorado River Authority 3700 Lake Austin Boulevard P.O. Box 220 Austin, TX 78703 Austin, Texas 78767-0220 E-mail- Raul.Garcia@lcra.org Phone:(512) 473-3200 —Email- Erik.Andersen@lcra.org If to City of Corpus Christi, to the following address: with duplicate Copy to: Attn: Director, IT Dept. Attn: City Attorney City of Corpus Christi City of Corpus Christi 1201 Leopard St., 4t' Floor P.O. Box 9277 Corpus Christi, TX 78401 Corpus Christi, TX 78469-9277 B. All notices shall be effective upon receipt and shall be deemed to be received three days after deposit in a regularly maintained receptacle of the United States Mail, registered or certified, return receipt request, postage prepaid. Any Party may change its address orauthorized agent by giving written notice to other Party. ARTICLE X NO PERSONAL LIABILITY AND NO THIRD PARTY BENEFICIARY A. NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS CREATING ANY PERSONAL LIABILITY ON THE PART OF ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ANY PUBLIC BODY THAT MAY BE A PARTY TO THIS AGREEMENT AND THE PARTIES EXPRESSLY AGREE THAT THE EXECUTION OF THIS AGREEMENT DOES NOT CREATE ANY PERSONAL LIABILITY ON THE PART OF ANY OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ANY PARTY HERETO. IN THE EVENT OF JOINT OR CONCURRENT NEGLIGENCE OF THE PARTIES, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED 6 COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO ANY PARTY INDIVIDUALLY UNDER TEXAS LAW. EACH PARTY SHALL BE RESPONSIBLE FOR ITS SOLE NEGLIGENCE. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT. B. It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations,expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. ARTICLE XI GENERAL PROVISIONS A. Authorization. The Parties will obtain appropriate approvals or authorizations from their governing bodies as required by law to execute and perform this Agreement. B. No Partnership. Nothing contained in this Agreement shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent, or of a partnership, or employer-employee, or of joint venture between the Parties, it being understood and agreed that no provision contained in this Agreement, nor any acts of a Party hereto shall be deemed to create any relationship between the Parties other than the contractual relationship established under this Agreement. C. Compliance with Law. The Parties agree to observe and abide by all applicable Federal,State, and local statutes, laws, rules, and regulations, including but not limited to those of the FCC. The Parties acknowledge and agree that should any of the applicable statues, rules, regulations or administrative rules change during this Agreement, and if the changes necessitate the amendment of this Agreement, then the Parties will reasonably cooperate with each other in making any necessary amendments. D. Captions. The captions used in this Agreement are for convenience only and do not limit or amplify any provisions contained in this Agreement. E. Governing Law. This Agreement shall be construed under and in accord with the laws Ofthe St@teofTex@e. P. Assignment. This Agreement shall not be aSSigOob|e, in whole or in pGrt, without first obtaining the vvhttBD consent of the other Party. Parties shall not CUnVeV any right to use any frequencies of another Party to a third party without the priorwritten consent of the other Party, except that (i) LCRA's third party radio customers shall be allowed to use such City frequencies and the City T8|hgn}upSwithout prior written consent of the City, and (ii) the City's third party radio customers shall be a||Vvved to use such LCRAfreqUenCieS and the L[|RATa|kgroup3 without prior written consent OfLCRA. G. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, C|@uoo. or phrase of this Agreement is for any reason held by 8 court of competent jurisdiction to be contrary to |8Vv or contrary to any rule or regulation having the force and effect Of the |8vv, the remaining portions of the Agreement Sho|| be enforced as if the invalid provision had never been included. H. Entire Agreement. This Agreement contains the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior written or oral agreement. [ Amendment of Agreement. The Parties may amend this Agreement at any time provided that such amendments are executed in writing and signed by a duly authorized representative of the Parties. (The rest onfthis page has been intentionally left blank). 8 The Parties have executed this Agreement in multiple copies, each of which is an original. LOWER COLORADO RIVER AUTHORITY C EG By Name: Ken Price Title: Chief Operating Officer Date: Aug 17, 2023 CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: APPROVED AS TO LEGAL FORM: ArH 1� Assistp4t City Attorr1ey Date 9 so �o o� A H AGENDA MEMORANDUM µoRPORP�g4 First Reading for the City Council Meeting of August 29, 2023 1852 Second Reading for the City Council Meeting of September 5, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2604 Accepting and appropriating funds from the 2024 Selective Traffic Enforcement Program Grant Funds from the Texas Department of Transportation (TXDOT) for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of grant funds in an amount of $167,000.00 from the Texas Department of Transportation for the 2024 Comprehensive Selective Traffic Enforcement Project for overtime for sworn officers to increase traffic enforcement in Corpus Christi, with a City match of$42,669.75 in fringe benefits and fuel expenses, with funds available from the FY 2024 General Fund; and appropriating $167,000.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes acceptance of grant funds and the appropriation of the grant funds from the Texas Department of Transportation for overtime for Corpus Christi Police Department (CCPD) sworn officers to increase traffic enforcement in Corpus Christi. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) provides grant funding to cities in Texas for the Selective Traffic Enforcement Project (STEP). The STEP program reimburses cities for overtime activities carried out by local law enforcement organizations in an effort to reduce vehicle crashes. The STEP program helps to reduce vehicle crashes by having local law enforcement organizations focus on traffic enforcement efforts in high vehicle crash areas. CCPD will use the funds received from this grant to provide approximately 2,700 hours of overtime funding to sworn officers for additional enforcement for DWIs, speed violations, and distracted driving across Corpus Christi. The efforts will take place on varying days of the week and hours of operation. The STEP program reimburses cities via the grant based off the respective city's history of fatal accidents and speed related accidents. Additionally, each year the respective cities provide the STEP program with performance reports based on the impact on DWIs, speed violations, and distracted driving from the previous year to be considered by STEP when deciding the respective distribution award amounts. The grant is for a one-year period beginning on October 1, 2023 through September 30, 2024. CCPD has received this grant for over 20 years. Last year the City received $184,929.55 from this grant program. ALTERNATIVES: The alternative is not to accept the grant and, therefore, not provide additional enforcement for DWI, speed violations, and distracted driving across Corpus Christi. However, this will lead to more vehicle crashes and a less likelihood that the City will be awarded the grant in future years. FISCAL IMPACT: The fiscal impact in FY 2024 is the acceptance and appropriation of grant funds in an amount of $167,000.00 to the Police Grants Fund and a City match in an amount of $42,669.75 in fringe benefits and fuel to be funded from the Police General Fund. Funding Detail: Fund: 1061 Police Grants Fund Activity: 820731 F Department: 29 Project # (CIP Only): N/A Account: 510200 Overtime Amount: $162,922.50 Fund: 1061 Police Grants Fund Activity: 820731 F Department: 29 Project # (CIP Only): N/A Account: 511000 Retirement Amount: $4,077.50 Fund: 1020 Police General Fund Activity: 11740 Uniform Department: 29 Project # (CIP Only): N/A Account: 511000 Retirement Amount: $35,349.75 Fund: 1020 Police General Fund Activity: 11740 Uniform Department: 29 Project # (CIP Only): N/A Account: 520050 Fuel and Lubricants Amount: $7,320.00 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance authorizing the acceptance of a grant from the Texas Department of Transportation in the amount of $167,000.00 for the 2024 Comprehensive Selective Traffic Enforcement Project, with a City match of $42,669.75 in fringe benefits and fuel expenses to fund overtime traffic enforcement in high-crash areas of the City; designating the Chief of Police as the authorized official; and appropriating $167,000.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Chief of Police is designated as the Authorized Official to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) for the 2024 Comprehensive Selective Traffic Enforcement Project (STEP) to support overtime pay for traffic enforcement in high-crash areas of the City with a City match of $42,669.75 in fringe benefits and fuel expenses. SECTION 2. That $167,000.00 from this TXDPT grant is appropriated in the No. 1061 Police Grants Fund. SECTION 3. That in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the TXDOT. 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 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 the day of , 2023: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting of August 22, 2023 1852 Second Reading Ordinance for the City Council Meeting of August 29, 2023 DATE: August 10, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO Assistant City Manager Heatherh3(a)cctexas.com Approval of Amendment to the TIRZ #2 Project & Financing Plan CAPTION: Ordinance approving amendments to the Tax Increment Reinvestment Zone#2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, recommending the allocation of $150,950,000 in future revenue to specified projects including water and wastewater infrastructure, parks, mobility projects, developer reimbursement, and administration costs. SUMMARY: This item will hold a public hearing and provide for the first reading ordinance to amended Tax Increment Reinvestment Zone #2 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Two, City of Corpus Christi, Texas on May 16, 2023, which amends fixing the City's revenue contribution amount and addition of project categories with funding allocations. BACKGROUND AND FINDINGS: In October and November of 2022, the TIRZ #2 met to consider extension of the Zone for an additional 20 years. The following items were considered and approved by both the TIRZ Board and City Council: • Extension of the TIRZ through December 31, 2024 • Modification of boundaries to include two sections of the Whitecap PID that were not currently included in the zone and areas that contain Nueces County assets include the Nueces County Nature Park and R Briscoe King Pavilion • Amendment to the Project and Financing Plan to include a total of$50,050,000 in expenses including: o $2,000,000 for improvements to the R Briscoe King Pavilion o $36,400,000 for ongoing Packery Channel maintenance. o $11,500,000 for developer reimbursements for public infrastructure in the Whitecap development for public mobility bridges, water exchange bridges/connections, and public walking trails o $150,000 for a multi-mobility plan In April of 2023, the TIRZ #2 met to consider and approved: • Recommended to allocate a total of$150,950,000 to the existing $50,050,000 allocation for additional projects in the Project and Financing Plan. • Recommended amendment to the FY2023 Operating Budget • Recommended revenue contribution amounts of an estimated $201,000,000 including: o The City of Corpus Christi contributing an estimated $140,100,000 in the TIRZ revenue over the next 20 years. o Nueces County contributing an estimated $60,900,000 in the TIRZ revenue over the next 20 years. Del Mar College has indicated that they would consider participation in the TIRZ extension. If they choose to participate, the project and financing plan can be amended to include additional projects to be funded with the additional revenue. In May of 2023, The TIRZ #2 met to consider and approved: • Identified project categories with funding allocations to be recommendations to be included in the Project and Financing Plan: Project New Project Existing Project Total Project Allocation Allocation Allocation Water/Wastewater $38,950,000 $38,950,000 Infrastructure Parks and Infrastructure $54,800,000 $38,400,000 $93,200,000 Projects Mobility Projects $17,300,000 $150,000 $17,450,000 Developer $37,900,000 $11,500,000 $49,400,000 Reimbursement Administration $2,000,000 $2,000,000 Total Project Allocation $150,950,000 $50,050,000 $201,000,000 The amended Project and Financing Plan must be considered for approval by the City Council. ALTERNATIVES: The City Council could choose not to approve the amendment to the TIRZ #2 project and financing plan or choose to make changes to recommended modifications to the Project and Financing Plan. FISCAL IMPACT: There is no fiscal impact associated with today's actions. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the recommendations made by the TIRZ#2 Board. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment to project and financing plan Ordinance approving amendments to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, recommending the allocation of$150,950,000 in future revenue to specified projects including water and wastewater infrastructure, parks, mobility projects, developer reimbursement, and administration costs. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" (The "Zone" or "TIRZ #2"), over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on December 6, 2023; WHEREAS, on April 18, 2023, the TIRZ #2 Board took action recommending the allocation of $150,950,000 in future revenue to specified projects including water and wastewater infrastructure, parks, mobility projects, developer reimbursement, and administration costs, as laid out in the attached Plan; WHEREAS, Texas Tax Code Section 311.007 provides that the governing body of the municipality that designated the zone may change the boundaries or the term of the Zone by ordinance; and WHEREAS, following notice in accordance with Chapter 311 of the Texas Tax Code, a public hearing for this ordinance was held during the City Council meeting, which began on September 5, 2023, at 11 :30 a.m.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on May 16, 2023, regarding the allocation of $150,950,000 in future revenue to specified projects including water and wastewater infrastructure, parks, mobility projects, developer reimbursement, and administration costs as laid out in the Plan. A copy of the Plan is attached hereto and incorporated. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July 22, 2014, February 28, 2017, August 22, 2017, December 19, 2017, January 22, 2019, December 12, 2019, and December 6, 2022, and August 29, 2023) The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on 12/6/19) is amended to update and revise the Plan this 29th Day of August of 2023 by adding the bold and underlined text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ#2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri-Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. Packery Channel Project Plan Amendment Page 1 of 10 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that"the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. A project consisting of the construction of two bridges on Park Road 22 is added in the February 28, 2017 amendment. A project consisting of the traffic improvements on Windward Drive at Saint Augustine Drive is added in the August 21, 2018 amendment. Additionally, as part of this amendment a project is added for a market and feasibility study for the renewal of TIRZ#2 beyond 2022. With the extension of the TIRZ#2 beyond 2022, the following projects are added: 1. Continued maintenance of the Packery Channel from January 1, 2023 to December 31, 2042 will be included as an eligible project up to the amount of$36,400,000. 2. Improvements to R. Briscoe King Pavilion up to$2000;009 4 000 000. 3. Public Infrastructure improvements related to the Whitecap PID development up to $11,500,000. 4. Development of a multi-mobility plan for the TIRZ#2 up to $150,000. Under§311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ#2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TI RZ#2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ#2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TI RZ#2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, Packery Channel Project Plan Amendment Page 2 of 10 including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ#2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. This exhibit has been updated to include the location of the Mobi-Mats and traffic improvements on Windward at Saint Augustine Drive. All of the specific projects are situated on public land and involve recreational use and activities. Due to damage caused by Hurricane Harvey, a Packery Channel revetment repair project is needed. Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ#2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ#2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. Packery Channel Project Plan Amendment Page 3 of 10 REINVESTMENT ZONE FINANCING PLAN Under§311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ#2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 3 — 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. Exhibit H has been amended to reflect all TIRZ #2 Project_Updates and includes estimates and details regarding the Packery Channel revetment reimbursement project and the traffic improvements on Windward at Saint Augustine Drive. Additionally, an estimated $50,000 will be budgeted for the market and feasibility study for the renewal of the TIRZ #2 beyond 2022. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. Yearly Miscellaneous Improvements, including for the additional years until expiration on December 31, 2042, required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ#2: Packery Channel Project Plan Amendment Page 4 of 10 A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ#2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. One improvement to the TIRZ #2 is the construction of two bridges on Park Road 22 between Commodores and Whitecap. The bridges will require up to$4,000,000 of TI RZ#2 funding and will allow for travel over canals that are to be built by a third party developer in the area. The funds for the Park Road 22 Bridge are to be held contingent on the completion of the canals and approval of the construction plans to proceed by the City and the City Council within 24 months after February 28, 2017. Other authorized improvements include up to $2,090;009$4,000,000 for improvements to R. Briscoe King Pavilion to upgrade its use as an area of public assembly that benefits the TIRZ#2 , up to $150,000 to create a multi-mobility plan for the TIRZ #2 that considers connectivity for golf carts and bicycles throughout the TIRZ #2 boundary, and up to $11,500,000 for public infrastructure related to the Whitecap PID project, specifically mobility bridges, a walking trail, and a water exchange, which will all be publicly accessible. The TIRZ#2 is allocating the funding received through the expansion and extension of the TIRZ in set amounts for future projects in each proposed category as provided below. Project Project Funding Allocations Water/Wastewater Infrastructure $38,950,000 Parks and Infrastructure Projects $54,800,000 Mobility Projects $17,300,000 Developer Reimbursement $37,900,000 Administration $2,000,000 Total Project Allocation $150,950,000 As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ#2 was completed by CDS Market Research I Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Packery Channel Project Plan Amendment Page 5 of 10 Under§311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under§311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ#2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ#2 revenue will not extend past the duration of TIRZ#2. During the extension term, the primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi and Nueces County on the taxable property value increment within TIRZ #2. The Gity's a-entribution is ^..rrent-l_• aSSU „eid t-a he IQQ%; ofor five yparg and then stepping down 5% per year for five years and 50% far the final ten years The City's contribution amount is as set out in the table below. Increment Tax Year(s) Percentage 100% 2022 through 2026 75% 2027 70% 2028 65% 2029 60% 2030 55% 2031 50% 2032 through 2041 The assessed value base year The assessed value base year for all participating taxing entities is 2000, except for the territory added in 2022 and 2023, for which the base year is 2022 or 2023 based upon the year it was added. Based upon 20DR2023 tax rates for each jurisdiction, the Packery Channel Project Plan Amendment Page 6 of 10 projection of incremental property tax revenue contributed to TI RZ#2 for the extension term is as follows: Sources of Revenue' Taxing Jurisdictions and Tax Rates City of Corpus Nueces Christi County Year 0.620261 .288228 Total 2023 4,289,902 1,490,235 5,780,138 2024 5,107,066 1,775,030 6,882,096 2025 6,137,871 2,134,282 8,272,154 2026 8,149,043 2,835,208 10,984,251 2027 10,395,819 3,618,246 14,014,065 2028 12,528,995 4,070,913 16,599,908 2029 14,732,792 4,445,785 19,178,577 2030 16,217,804 4,517,842 20,735,646 2031 17,010,576 4,343,970 21,354,546 2032 17,592,792 4,084,338 21,677,130 2033 17,981,325 4,174,612 22,155,937 2034 18,371,854 4,265,349 22,637,203 2035 18,594,536 4,317,088 22,911,624 2036 18,819,953 4,369,462 23,189,415 2037 19,048,140 4,442,480 23,470,620 2038 19,279,133 4,476,150 23,755,283 2039 19,512,968 4,530,480 24,043,448 2040 19,749,681 4,585,479 24,335,160 2041 19,989,309 4,641,155 24,630,464 2042 20,231,890 4,697,517 24,929,407 Total 303,741,450 77,795,624 381,537,074 ' Assumes 95%tax collection rate. These revenue projections assume a 95% tax collection rate for all taxing jurisdictions. According to these projections, during the extension term, 79.6% of the tax increment revenue will come from the City and 20.4% will come from the County. Packery Channel Project Plan Amendment Page 7 of 10 Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ#2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ#2. The zone has four tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 8 of 10 Estimated Captured Appraised Value Project Assessed Value Taxing Jurisdictions and Tax Rates City of Corpus Nueces Christi County Year 0.620261 .288228 2023 813,900,689 811,531,683 2024 952,579,717 950,210,710 2025 1,127,515,524 1,125,146,518 2026 1,468,827,145 1,466,458,138 2027 1,850,122,676 1,847,753,670 2028 2,212,139,318 2,209,770,312 2029 2,586,141,039 2,583,772,033 2030 2,838,159,262 2,835,790,256 2031 2,972,698,756 2,970,329,750 2032 3,071,505,354 3,069,136,348 2033 3,137,442,542 3,135,073,534 2034 3,203,718,385 3,201,349,378 2035 3,241,509,211 3,239,140,204 2036 3,279,764,249 3,277,395,243 2037 3,318,489,438 3,316,120,432 2038 3,357,690,792 3,355,321,785 2039 3,397,374,406 3,395,005,399 2040 3,437,546,456 3,435,177,450 2021 3,478,213,202 3,475,844,196 2042 3,519,380,985 3,517,011,978 Packery Channel Project Plan Amendment Page 9 of 10 Assessed Value Increment Taxing Jurisdictions and Tax Rates City of Corpus Nueces Christi County Year 0.620261 .288228 2023 728,030,086 725,661,080 2024 866,709,114 864,340,107 2025 1,041,644,921 1,039,275,915 2026 1,382,956,542 1,380,587,535 2027 1,764,252,073 1,761,883,068 2028 2,126,268,715 2,123,899,709 2029 2,500,270,436 2,497,901,430 2030 2,752,288,659 2,749,919,653 2031 2,886,828,153 2,884,459,147 2032 2,985,634,751 2,983,265,745 2033 3,051,571,939 3,049,202,933 2034 3,117,847,782 3,115,478,775 2035 3,155,638,608 3,153,269,601 2036 3,193,893,646 3,191,524,640 2037 3,232,618,835 3,230,249,829 2038 3,271,820,189 3,269,451,182 2039 3,311,503,803 3,309,134,796 2040 3,351,675,853 3,349,303,847 2021 3,392,342,599 3,389,973,593 2042 3,433,510,382 3,431,141,375 Packery Channel Project Plan Amendment Page 10 of 10 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ#2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 10/22/2013; last updated August 21, 2018) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone#2 City of Corpus Christi (Updated August 29, 2023) Exhibit I Fiscal Year 2019 Reinvestment Zone #2 Budget 2009 TIRZ#2 Economic Feasibility Study by CDS Market Research Spillete Consulting Packery Channel Project Plan Amendment Exhibit A 025215- ORDINANCE NO. AN ORDINANCE APPROVING A FINAL PROJECT AND FINANCING PLAN FOR THE "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI,TEXAS";APPROVING THE SALE OF BONDS BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION IN FURTHERANCE OF THE FINAL PROJECT AND FINANCING PLAN; AND OTHER MATTERS RELATING THERETO. WHEREAS, on November 14, 2000, the City Council of the City adopted Ordinance No. 024270(the"Creation Ordinance"),approving the creation of a tax increment reinvestment zone in the City known as"Reinvestment Zone Number Two,City of Corpus Christi,Texas"("TIRZ Two"); and WHEREAS,in connection with the adoption of the Creation Ordinance and the establishment of TIRZ Two,the City prepared a preliminary reinvestment zone financing plan,and presented the preliminary reinvestment zone financing plane to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in compliance with the provisions of Chapter 311, Texas Tax Code(the "Act"), a project plan and reinvestment zone financing plan has been prepared and approved by the Board of Directors of TIRZ Two,which project plan and reinvestment zone financing plan so approved is attached to this Ordinance as Exhibit"A"(the"Plan");and WHEREAS, in compliance with the Act, the City Council finds it necessary and desirable to approve the Plan submitted with this Ordinance;and WHEREAS,by Resolution No. 025040, adopted on October 8, 2002,the City authorized the creation of the North Padre Island Development Corporation(the"Corporation")to aid,assist and act on behalf of the City in the performance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City,as described in the Creation Ordinance;and 15 Exhibit A WHEREAS,on February 25, 2003 theCorporation adopted a resolution authorizing the issuance and delivery of up to$3,000,000 in Tax Increment Contract Revenue Bonds,Series 2003(the"Bonds"), for the purpose of funding a portion of the"project costs" as are set forth in the Plan; and WHEREAS, the Corporation and the Board of Directors of TIRZ Two have approved the execution and delivery of that certain Agreement by and among the City,TIRZ Two,and the Corporation dated as of February 1, 2003 (the "Tri-Party Agreement"), pursuant to which the Corporation was delegated certain power and authority in connection with the implementation of the Plan on behalf of TIRZ Two,including,but not limited to,the power to issue, sell or deliver its bonds,notes or other obligations m accordance with the terms of the Tri-Party Agreement, and WHEREAS,the City Council finds it necessary and advisable to adopt this Ordinance to approve the Plan,as required by the Act,to approve the Tri-Party Agreement,and the approve the resolution of the Corporation that authorized the issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1:That the facts and recitations contained in the preamble ofthis Ordinance are hereby H found and declared to be true and correct. SECTION 2:That the City Council hereby approves the project plan and the reinvestment zone financing plan attached to this Ordinance as Exhibit"A",as required by Section 311.011 of the Act SET O�3l That the City Council does hereby find and declare that the project and financing plan submitted to the City Council for approval, and hereby approved by the adoption of this Ordinance, is feasible for the development of TIRZ Two and conform to the master plan of the City. 2 Exhibit A SECTION 4: That the City hereby approves the Resolution adopted by the Corporation, in substantially the form and substance as attached hereto as Exhibit"B",and all documents attached to the Resolution including,without limitation,the Tri-Party Agreement. The Mayor and the City Secretary are hereby authorized to execute,attest, seal and deliver the Tri-Party Agreement on behalf of the City. The issuance of Bonds in an amount not to exceed$3,000,000 for the purposes described in the Resolution is hereby approved. SECIION 5:That if any section,paragraph,clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable,the invalidity or unenforceability of such section,paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6-. This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028,Texas Government Code. SIGNED AND SEALED THIS 25TH DAY OF FEBRUARY,2003. Mayor, City of Corpus Christi,Texas -- __-- (SEAL) City Secretary APPROVED AS TO FORM: 14:�zd;g�-77 Actin Ci Attom 3 Exhibit A THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I,the undersigned,City Secretary of the City of Corpus Christi,Texas,do hereby certify that the above and foregoing is a true,full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of February, 2003, approving the project and financing plan for Reinvestment Zone Number Two, City of Corpus Christi, Texas, and other matters related thereto, which ordinance is duly of record in the minutes of said City Council,and said meeting was open to the public,and public notice of the time,place and purpose of said meeting was given,all as required by Texas Government Code,Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,this the 25th day of February,2003, City Secretary,City of Corpus Christi,Texas (SEAL) 4 Exhibit A Corpus Christi, Texas Day of , 2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Nea , Jr., Mayor City of Corpus Chris i Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett WoDri-t A-) Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott i2—i5 Exhibit A Reinvestment Zone Number Two City of Corpus Christi,, Texas Project Plan and Reinvestment Zone Financing Plan February 25, 2003 Exhibit A Exhibit A Reinvestment Zone Number Two, City of Corpus Christy Texas February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background As required under the Tax Increment Financing Act,Chapter 311,Texas Tax Code(the"TIF Ace),the Board of Directors(the"Zone Board')of Reinvestment Zone Number Two,City of Corpus Christi,Texas(the"Zone"), has prepared this Project Plan and Reinvestment Zone Financing Plan(the"Plan"}. The City Council of the City of Corpus Christi, Texas (the "City) and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non-project costs and administrative expenses,engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Pian includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the"Project'). This Plan sets out the details of the tax and economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for funding of Project costs through the issuance of bonds. Complete copies of the Plan, including a report attached to this Plan, as Exhibit A,entitled"Forecast of Potential TIF Revenue Flows on North Padre Island",prepared by Economics Research Associates("ERA'),which constitutes the economic feasibility study required by the TIF Act, are available from the City of Corpus Christi, Testas, 1201 Leopard Street, Corpus Christi,Texas 78401,Attention. City Secretary. North Padre Island Storm Damage Reduction and Environmental Restoration Project The Project is a project of the U.S.Army Corps of Engineers(the"Corps')to dredge and channelize a reopened waterway("Packery Channel")between the Laguna Madre Intracoastal Waterway and the Gulf of Mexico. In addition to the Packery Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packery Channel. Of the total $30,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation(the"Is. '),a not-for- profit local government corporation_It was established by the City under the provisions of Chapter 431,Texas Transportation Code,and the general laws of the State of Texas to aid,assist,and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. The Corps was directed by the Congress of the United States("Congress')to carry out a project for ecosystem restoration and storm damage reduction at North Padre Island.The Project will exteaid the existing approximately 2.6 miles portion of the Packery Channel an additional 0.9 mile. The Project is described in the Environmental Impact Statement(EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational beach. Dredging Packery Channel would provide sand for nourishment of the beach,and an enlarged beach would reduce potential fiture stem damage.A Project Study Plan,prepared by the Corps in 1999,examined three alternative sites,including Packery Channel. Three different channel widths under three different salinity regimes were also examined to determine the environmental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 Exhibit A benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Corps from the City of Corpus Christi,Texas, 1201 Leopard Street,Corpus Christi,Texas 78401,Attention: City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel,main channel dredged to a required depth of 14 feet and a bottom width of 116 feet up to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel creating three placement areas to create shallow water habitat,continuing with a smaller channel along the existing alignment of Packery Channel from the highway bridge to the Gulfhaacoastal Waterway,dredged to a required depth of 7 feet and bottom width of 80 feet,installation of a 30 inch HDDPE pipe for a sand bypass system,beach nourishment on the beach south of the channel and miscellaneous utility removals and relocations. The Project consists of dredging a 134-foot wide channel to connect the existing Packery Channel to the Gulf of Mexico to a 12-foot deep authorized depth(requiring an initial dredge depth to-14 feet)and dredging the existing channel to a depth of-7 feet(mean sea level)and a width of 80-feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet(3.5 miles). Approximately 801,200 cubic yards(cy)of material will be dredged during construction,most of which(646,000 cy)will be placed on the beach south of the proposed jetties placement area(PA4S)for storm damage reduction in front of the existing concrete seawall. Sandy maintenance material from the channel east of the SH 361 bridge will be used for beach nourishment,and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrift side of the jetties.Approximately 15,000 cy of estimated maintenance dredging every five years will be placed in an upland site. The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The Department of the Army and the City (the"Project Contract"). The Project Contract has not been approved by either the Corps or the City,but the City expects execution of the Project Contract by both parties by Spring 2003. The Plan calls for the remainder of the approximately$19.5 million needed to complete the Project to be funded by the United States Government under the Project Contract. As of February 25,2003,Congress has appropriated$4.0 million for Project construction,but is under no obligation to appropriate the remainder of its share of Project costs. Once the initial Project is completed,the City will incur casts of maintenance dredging of Packery Channel,as described above. It is anticipated that upon completion of the initial Project,the estimated maim dredging will commence in 2008, and the estimated cost of such maintenance dredging in that year will approximate $350,000. The costs of the maintenance dredging are intended to be paid by the Zane,either from tax input collections,proceeds from bonds,a combination of those two sources,or other moneys made available to the City or the Zane for such purpose. Secondary development within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres providing access to Packery Channel, the beach, and the jetties; passenger and recreational vehicle parking; walkways;restrooms;and vendor facilities. The location of two potential City park areas is proposed along the area nearest the Gulf of Mexico reach of Packery Channel. The Project,the maintenance dredging of the Packery Channel,and the public improvements associated with the proposed secondary development are found to be"Project Costs"as such term is defined in the TIF Act. The Project Contract The Project is to be constructed by the Corps under the Project Contract. The Project Contract has not been approved by either the Corps or the City,but the City expects execution of the Contract by both parties by Spring 2003.Under the Project Contract,the Corps,subject to receiving funds appropriated by Congress and using the 2 Exhibit A funds expected to be provided by the City through the Issuer,would agree to expeditiously construct the Project. The Project Contract recognizes that Congressional appropriations to date are less than the amount of federal funds required for completion of the Project, and that in the event insufficient funds are appropriated for the federal government's share of Project costs,then Project construction will be suspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project. The City would agree to contribute 35% of the total Project costs, at least five percent of which must be contributed in cash with the remainder being the appraised value of cash or lands,easements,rights-of-way,and suitable burrow and dredged or excavated material disposal areas. The City must deposit its share of projected financial obligations for construction through the first fiscal year of conshuction within 45 days of notice from the Corps. For each subsequent year,the deposit must be made no later than 60 days prior to the beginning of the fiscal year. The Project Contract obligates the City to operate,maintain,repair,replace,and rehabilitate the entire Project at no cost to the federal government. The City is seeking transfer of a portion of the maintenance cost to the Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Funding of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds is contemplated by this Pian,but there is no assurance that a maintenance reserve will be funded,nor is there any guarantee that if funded the maintenance reserve would be adequate to pay costs of ongoing maintenance dredging. Reinvestment Zone Number Two, City of Corpus Christi, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within the boundaries of the Zone,a 1,947.01-acre parcel located entirely within the City and the County. The Zone became effective on November 14,2000,and will terminate on December 31,2022,or at an earlier time designated by subsequent ordinance of the City,or at such earlier time that all Zone Project Costs,tax increment bonds,and the interest on all tax increment bonds,have been paid in full(the duration of the Zone).The Zone is located on Padre Island,and intersected by State Highway 361 and Park Road 22 leading from the John F.Kennedy Causeway.A map showing the existing uses and conditions of real property in the Zone is attached to this Plan as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan as Exhibit C. Pursuant to the TIF Act,the ordinance of the City establishing the Zone also established a Board for the Zone. The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder(but not less than 10)appointed by the City. Name Position Appointed BV Samuel L.Neal President City of Corpus Christi Vice President Nueces County Javier D. Cohnenero Member City of Corpus Christi Brent Chesney Member City of Corpus Christi Rex Kinnison Member City of Corpus Christi John Longoria Member City of Corpus Christi Jesse Noyola Member City of Corpus Christi Mark Scott Member City of Corpus Christi Gabriel Rivas Member Del Mar College Cal Jennings Member Nueces County Hospital District Richard Pittman Member Flour Bluff Independent School District John LaRue Member Port of Corpus Christi Authority 3 Exhibit A Existing Land Use Existing land-uses within the Zone consist of fight commercial development,mixed residential development, vacant unimproved land, and non-developable land, including waterways,roadways and parks. The City has estimated the following current usage within the Zane: Use Acres Vacant 857.1718 Water Area 447.8253 Park 384.5719 Right-of--Way 1582465 Commercial 33.6232 Medium Density Residential 34.4813 Public/Semi-Public 9.0187 High Density Residential 7.7001 Professional Office 6,0570 Light Industrial 6.5105 Low Density Residential 1.8075 Total Infrastructure Requirements for Development It is the City's policy that infrastructure required for new development within the Zone will be the responsibility of each landowner or developer, similar to any other development that occurs in the City. The wastewater treatment plant and trunk main collection system is in place and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zone. Their are generally roads and streets throughout the Zone,though individual tracts may require additional street construction,sewer collection lines,or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or beyond the owner's development. The City participates in street development to pay the additional costs for extra width associated with arterial streets or collectors that are designed to be extended beyond the developer's property. The City also pays for the costs of bridges and culverts to extend streets beyond the developer's property. Undeveloped Land Within the Zone Approximately 857 acres within the Zone are unimproved or underdeveloped land The City anticipates that such unimproved land will be developed for residential and light commercial use consistent within existing uses,and additional development must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds(hereinafter defined)required for completion of the Project without adversely affecting the Issuer's ability to pay debt service on the Series 2003 Bonds(hereinafter defined). No representation is made in this Plan with respect to the ultimate development of such property. Project Costs A detailed listing of the proposed public works and public improvements to be undertaken m the Zone,shown by kind,number and location,and the Project costs of the Zone,including,without limitation,the costs of the initial dredging of Packery Channel,the maintenance dredging costs,secondary Project costs,administrative costs ofthe Zone, and other non-project costs (such as water supply improvements and roads that are not intended to be fiurded through the operation of the Zone), are set forth in Exhibit D. The estimated amount of bonded 4 Exhibit A indebtedness to be incurred to pay initial Project costs, and the timing of when related costs and monetary obligations for implementing this Plan are to be incurred,are set forth in Exhibit D.The City currently estimates that the total amount of Issuer debt necessary to be issued for completion of initial Project costs will not exceed $12,000,000. Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed$3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project costs,and the Series 2003 Bonds(hereinafter defined)are the first installment of Issuer bonds to be issued for that purpose. The City,the County,Del Mar College,a junior college district and political subdivision of the State of Teams (the"College')and Nueces County Hospital District,a hospital district and political subdivision of the State of Texas(the"Hospital District')each have agreed to deposit to the Tax Increment Fund established for the Zone (the"Tax Increment Fund')certain tax collections arising from their respective taxation of the increase,if any,in the appraised value of real property located in the Zone since November 14,2000(hereinafter defined as the (Dedicated Tax Increments',through the earlier of December 31,2022,or the date on which any outstanding obligations payable from the Dedicated Tax Increments are finally paid. The City has entered into separate interlocal agreements(the"Interlocal Agreements")with the County,the College,and the Hospital District which sets forth,among other things,the agreement of the City and County,College,or Hospital District,as applicable, to pay to the Issuer the Dedicated Tax increments(the"Contract Tax Increments'). The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other fiords on deposit with JPMorgan Chase Bank,Houston,Texas (the"Trustee")or which may be deposited with the Trustee in the future together with earnings and investments thereon(the"Pledged Revenues'). The City,the County,the College,and the Hospital District(each referred to inlividually herein as a"Participant" and collectively referred to as the"Participants')have agreed to deposit to the Tax Increment Fund the Dedicated Tax Increments,as described herein. Pursuant to the TEF Act,a taxing unit's tax increment for a year(a"Tax Incrcmenf)is the amount of property taxes levied by the unit for that year on the"captured"appraised value of real property taxable by the unit and located in a reinvestment zone.Tax Increments do not result from any increase in the appraised value of personal property(such as equipment or inventory)taxable by the unit and located in a reinvestment zone. The TIF Act defines captured appraised value("Captured Appraised Value')as the total appraised value of all real property taxable by the unit and located in a reinvestment zone less the tax increment base of the unit. The tax increment base of a taxing unit(the"Tax Increment Base')is the total appraised value of all real property taxable by the unit and located in a reinvestment zone for the year in which the zone was designated. In the case of the Zone,the Tax Increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone, which consists of 1,947.013 8 acres,approximately 542.8184 of which is publicly owned and not taxable. Exhibit A shows(a)the Tax Increment Base of the Zone,(b)the current(as of the date of this Plan)total appraised value of taxable real property in the Zone and(c)the estimated captured appraised value of the Zone during each year of its scheduled existence. Pursuant to separate Interlocal Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocal Agreements') the Participants have agreed to deposit all or a portion of their Tax Increments to the Tax Increment Fund. The City,the County,and the Hospital District have agreed to deposit to the Tax Increment Fund 100%of their tax collections on Captured Appraised Value in the 5 Exhibit A Zone for each tax year that the Zone remains in existence,commencing in tax year 2000. The College has agreed to deposit to the Tax Increment Fund 1001/6 of the its Tax Increments for the first five years(2000-2004)of the Interlocal Agreement,80%for the sixth year(2005),60%for the seventh year(2006),40%for the eighth year (2007),20%for the ninth year(2008),and none thereafter.The amounts the Participants have agreed to deposit to the Tax Increment Fund are referred to herein as the"Dedicated Tax Increments." The obligations of the Participants to pay Dedicated Tax Increments into the Tax Increment Fund are subject to the rights of any of the holders of bonds,notes or other obligations that have been or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taking jurisdiction of that Participant. North Padre island Development Corporation The Issuer The Issuer is a not-for-profit local government corporation and was established by the City under the provisions of Chapter 431,Texas Transportation Code,and the general laws of the State of Texas to aid,assist,and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. It is governed by a Board of Directors,whose members are appointed by the City Council. On December 17,2002,the City Council of the City appointed all of the members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003(the"Series 2003 Bonds'),in connection with the implementation of this Plan. Should bonds be issued to fund the costs of maintenance dredging,it is anticipated that funds for such use would be included in the third series of bonds to be issued. The Series 2003 Bonds are the first issue of bonds(the"Tax Increment Contract Revenue Bonds')to be issued by the Issuer. The Tax Increment Contract Revenue Bonds,including the Series 2003 Bonds,are secured by the Issuer's pledge of payments to be received pursuant to a Tri-Party Agreement among the City,the Zone,and the Issuer(the"Tri-PartyAgreement'. Under that agreement,the Contract Tax Increments will be paid into the Tax Increment Fund at the City's depository. The Bonds will fund a portion of the City's share of the Project Costs. Completion of the Project will require additional funding,which currently is anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may also be financed from additional bonds. For the Issuer to be able to repay such additional bonds,substaNial growth in the taxable values within the Zone must occur,and there is no guarantee that such growth will have been accomplished prior to the timing of funding the 1e�+A__hung phases of the development and completion ofthe Project_ Growth in taxable values within the Zone is dependent on future development of additional taxable improvements. While the City expects that such additional improvements will be constructed if the Packery Channel is completed,there are approximately 1,838 tracts of land within the Zone owned by approximately 1,054 different owners,and neither the Issuer nor the City has any agreement with any landowner for construction of improvements within the Zone,or knowledge that any landowners intend to const mt additional improv. Without future development within the Zone,there can be no guarantee of additional Dedicated Tax Increments sufficient to pay debt service on bonds issued to finance the Project. A projection of the Project costs to be funded with bond proceeds and the sizing of the bond issues to fund those Project costs is set forth in Exhibit D. The Tri-Party Agreement 6 Exhibit A The City,the Zone and the issuer will enter into the Tri-Party Agreement. Pursuant to the Tri-Party Agreement, the Issuer will provide certain management and administrative services for the Zone. The Issuer is authorized to issue bonds or enter into other obligations to be repaid from Contract Tax Increments but only with the approval of the City Council. The Issuer agrees to use all Contract Tax Increments in a manner consistent with the Plan. The Tri-Party Agreement provides for duties and responsibilities of the City with respect to Dedicated Tax Increments and provides for duties and responsibilities of the Zone with respect to Dedicated Tax Increments. The Dedicated Tax Increments are to be deposited when received into the Tax Increment Fund. The City and the Zone will covenant and agree that they will continuously collect the Dedicated Tax Increments from the Participants in the manner and to the maximum extent permitted by applicable law. To the extent the City and Zone may legally do so,they also will covenant and agree that they vnU not permit a reduction in the Dedicated Tax Increments paid by the Participants. The City will covenant and agree to annually levy,assess and collect its ad valorem taxes in the Zone.The City and the Zone will agree to pay to the Issuer the Contract Tax Increments in consideration for the Issuer fimding certain of the Project costs with the proceeds of the Tax Increment Contract Revenue Bonds. The obligations of the City and the Zone to pay Contract Tax Increments shall be subject to the Tri-Parry Agreement and the rights of any of the holders of bonds,notes or other obligations that have been or are hereat issued by the City,the County,the College,or the Hospital District that are payable from and seared by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City,County,College,or Hospital District. It is anticipated that the interests of the Issuer in the Tri-Party Agreement will be assigned to the Trustee for the Tax Increment Contract Revenue Bonds under the terms of the Indenture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued. The Tri-Party Agreement may be amended with the mutual consent of the parties;however,any amendment must be accompanied by an opinion of counsel to the Issuer to the effect that such amendment will not materially impair the rights of the owners of the Issuer's bonds or other outstanding obligations. 7 Exhibit A Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT A Forecast of Potential TIF Revenue Flows on North Padre Island (Final Report) Dated:August 2002 ERA Project Number: 14663 Exhibit A Final Report Forecast of Potential TIF Revenue Flows on North Padre island Submitted to: The City of Corpus Christi August 2002 ERA Project Number: 14663 Exhibit A TABLE OF CONTENTS General Limiting Conditions..........................................................................................iv Introduction .................................................................................................................... 1 Approach ........................................................................... ...2 Participating Jurisdictions............................................................................................3 Methodology...................................................... TIF REVENUE ANALYSIS...........................................................................................5 Summary.....................................................................................................................5 Real Estate Market Discussion ....................................................................................5 TIF Waterfront Properties 2002...................................................................................6 GrowthRates..............................................................................................I............. 10 PadreIsland........................................................................................................... 10 TIF Revenue Conclusions ......................................................................................... 11 TIF Anatpk fbr Nath Pech island—Rml Page 11 Exhibit A List of Tables and Exhibits Table 1. Taxable Value of Land&Improvement, ....................................................................... 2 TIFDistrict-2000......................................................................................................................2 Table 2. Tax Rates for Participating Jurisdictions........................................................................ 3 Table 3.Waterfront Properties by Location and Value within the TIF District............................. 6 Table 4.Average Assessed Laud Value by Location................................................................... 7 Table 5. Average Condominium Assessed Value by Water frontage ........................................... 8 Table 6. Condominium Properties in the TIF District.................................................................. 8 Table 7, Lake Padre Properties by Tax ID................................................................................... 9 Table 8. Other Non-Exempt Water Front Properties.................................................................... 9 Table9. Exempt Properties........................................................................................................10 Table 10. Padre Island Growth Rates by Location— 1992-2002 .................................................10 Table 11. Scenario 1.TIF District Taxable Value and Revenue, 2001 —2022.............................11 Table 12. Scenario 2.TIF District Taxable Value and Revenue, 2001 —2022.............................I 1 Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2..................................................................12 Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2($000s).................13 TIP Annlpia for North Padre Mend—Fhtal Page Ili Exhibit A GENERAL LIMITING CONDITIONS Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of"Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. TIF A n ipb 1br Nath Padre Mond-Find P"P W Exhibit A INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district. ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid for the defined TIF district. Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every possible effort has been made to present correct information, some errors might be present due to handling of large data sets in a short time period. However, ERA believes that the results are reasonable and concur with the data available. ERA would like to thank all staff members at the City of Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. TIF AmdVok for North Padre Island—Final Page 1 Exhibit A APPROACH The approach followed by ERA first defines the current baseline assessed and taxable value of the proposed TIF district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueces County Appraisal District. ERA understands that the base year for the district is calendar year 2000. From this base year value, ERA generates two sets of TIF revenue inputs: • Forecast growth in the taxable value of currently existing buildings and vacant land in the district over a 20-year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Working with officials at the Nueces County Appraisal District, City officials provided ERA with year 2000 assessed and taxable values for all land and improvements in the proposed TIF district. The following table indicates that the district currently contains vacant land and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non-home site land and improvements, as well as exemptions and adjustments, to arrive at a total taxable value. Exemptions and adjustments are made for homestead, disabled individuals and veterans, and people over 65. Preliminary assessments for 2001 are$98,153,611 and for 2002 $107,588,794. Table 1.Taxable Value of Land &Imp"wemenI4 TIF District- 2000 Category Value Land—Home Site $5,491,354 Land—Non-Home Site $23,947,556 Improvements—Home Site $42,200,590 Improvements—Non Home Site $17,684,297 Sub-Total $89,323,797 Exemptions&Adjustments $3,453,194 Total Taxable Value $85,870,603 In=:Nueces County Appraisal District Looking further at the above table, ERA determined that home site improvements include single-family homes as well as higher-density condominium projects on the seawall. This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70%of total improvements. TIF Analpla for Nath Padre Lland—Rnal Paye 2 Exhibit A Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction, Del Mar Jr. College, is contributing 100%into the tax increment fund for the first 5 years, 80% for the sixth year, 60%for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2. The following table shows tax rates schedule per $100 of taxable value. Table 2.Tax Rages for Participating Jurisdictions Jurisdictions Providing ALL 2001-2005 2006 2007 2008 2009 2010-2022 Increment Jurisdictions City of Corpus Christi 0.644175 0.644175 0.644175 0.644175 0.644175 0.644175 0.644175 Farm to Market Rd. 0.005238 0.005238 0.005238 0.005238 0.005238 0.005238 0.005238 County Hospital 0.228028 0.228028 0.228028 0.228028 0.228028 0.228028 0.228028 Del Mar Jr.Collage 0.21988 0.21988 0.175904 0.131928 0.087952 0.043976 0 Nuems County 0.350242 0.350242 0,350242 0.350242 0.350242 0.350242 0.350242 Port of Corpus Christi 0.002117 Flour Bluff ISD 1.526197 Fire District#2 0.022200 TOTAL 2.998077 1.447563 1.40359 1.359611 L31564 1.27166 1.227683 Note:Assuming tax rates do not change &:Nueces County AppmWl District,City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see unusual growth in the above tax rates in the near future. Following standard TIF modeling guidelines, ERA has taken the above tax rates and held them constant for the duration of the 20-year TIF model. With tax rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions: • Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period(through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. TIF A mdvsb far North Padre Island-Fhud Pain 3 Exhibit A • First to Increase. Value of land and current developments with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf of Mexico. • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the value of vacant beach properties. Based on the above assumptions, ERA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, ERA aggregated properties based on their location by defining 4 distinct locations: • Beach • Lake Padre • Other water front properties • Non-water front properties After linking each property to a location, total assessed and taxable values were calculated for each location. Value comparison was established and was later used to estimate growth rates for properties within the District. ERA also aggregated all values of properties on North Padre Island for the past 10 years to estimate an average calculated average growth rate (CAGR) for the island. This CAGR was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax revenue flows. TIF Analysis for North Padre Llaml—Final Page 4 Exhibit A TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report. The first scenario applies an annual growth rate of 91/o from 2003 through. 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002. The second scenario applies different annual growth rates for each property type in the TIF district. Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24% between 2003 and 2007. During the same period, Beach properties and non-waterfront properties are assumed to grow at 9.1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 241/o annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001. The two scenarios are conservative and do not assume any new development From 2001 through 2022 and using 2000 as the base year, the first scenario generates a total tax revenue of $63.4 million of which $38.9 million is the TIF revenue. The second scenario generates a total tax revenue of$55.9 million of which $31.3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island. The general consensus has been that over the past three years demand for good properties, defined as those in good repair, modem appliances, visually appealing and have good access, has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in prices. The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward. Aging baby-boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in Padre Island. This demand has exceeded the markets ability to supply more housing units. Another factor in the escalation of price and demand is speculation regarding the Packery Channel, which would connect Lake Padre and the Packery Channel to the Gulf of 'CIF Anelyals for Nath Pada LloW—Final Pow 5 Exhibit A Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22-foot bridge to benefit from the Channel. This is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000415,000 premium over comparable properties in the city. Some realtors indicated that the difference in price between water-accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island. Most realtors indicated that properties in Port Aransas, 20 miles from Corpus Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has strong attributes and character that would attract investors to develop resorts, something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tau records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile waterfront properties in the TIF District by location and type. The TIF District has 1,930.08 acres with a total assessed value of $107.59 million in 2002. Approximately 51% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres. Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60.6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage. Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value Condos Beach 13.45 $2,450,499 $28,962,543 $31,413,042 $29,048,886 Across from the Beach 3.61 $281,352 $3,902,799 $4,184,151 $3,533,871 Other-Lake PaftCana1 10.93 $1,459,001 $11,600,220 $13,059,221 $11,503,641 Labe Padre 470.66 $4,591,013 $938,742 $5,529,755 $5,517,325 Beach 53.20 $2,577,105 $4,355,083 $6,932,188 $6,932,188 Exempt 202.86 $0 $0 $0 $0 Other 222.24 $2,517,234 $1,669,836 $4,187,070 $4,054,928 TOTAL WATER PROPERTIES 976.95 $13,876,204 $51,429,223 $65,305,427 $60,590,839 Swam:Nueces County Appraisal District,Famomics Research Associates TIF Analis fbr Nath Padre Island—Rnal Page 6 Exhibit A Most of the condominium properties are older developments dating to mid 1980s especially the ones with a beach frontage. Most of the properties on Lake Padre are parcels of vacant land. The other non-classified properties are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over $180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties located across from the Beach. As expected developed land, although with indirect beach frontage has more value than undeveloped beach parcels. It is plausible to assume that the value of land parcels with beach frontage would more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Land Value by Location Type Acres Average Land Value ($/Acre) Waterfront Prouertles Condos Beach 13.45 $180,623 Across from the Beach 3.61 $77,840 Other-Lake Padre,Canal 10.93 $133,448 Lake Padre 470.66 $9,754 Beach 53.20 $48,442 Exempt 202.86 $0 Other 222.24 $11,327 TOTAL WATER PROPERTIES 976.95 $17,897 Note:Total average land value excludes exempt properties Source:Nueces County Appraisal District,Economics Research Associates There are 16 condominium developments in the TIF district, of which four are located on the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive condominiums are those with a direct beach frontage. The following table shows average assessed value per condominium by water frontage location TIF Analra for North P mke Llrnd Rnal Page 7 Exhibit A Table S. Average Condominium Assessed Value by Water frontage Type Total Condo Unita Average Condo Assessed Value Condos Beach 324 $96,305 Across from the Beach 11.5 $36,384 Other-Lake Padre, Canal 399 $32,734 Source:Nueces County Appmisal District,Economics Research Associates The following table shows condominium properties by location, acreage, number of units, and average condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Water Acreage Total Total Total Total Number Avg, Frontage Land Improvements Assessed Taxable of Units Condo Location Value Value Value Value El Constante Beachfront 3.05 $531,178 $5,317,124 $5,848,302 $5,581,554 69 $84,758 Padre Island- Beachfront 4.78 $885,669 $13,272,754 $14,158,423 $13,239,239 130 $108,911 Gulfstream La Casa Del Sol Lake Padre 0.70 $94,134 $889,071 $983,205 $983,205 24 $40,967 Lakeshore Villas Lake Padre 1.26 $153,552 $1,586,544 $1,740,096 $1,459,835 24 $72,504 Leeward Isles Lake Padre 2.58 $168,810 $2,761,688 $2,930,498 $2,897,168 87 $33,684 Leeward Cove Lake Padre 0.61 $75,632 $585,521 $661,153 $646,153 16 $41,322 Lorimar Place Canal-2 0.43 $71,650 $303,335 $374,985 $374,985 10 $37,499 blocks from beach Mystic Harbor Packcry 0.94 $122,904 $1,185,002 $1,307,906 $1,175,954 32 $40,872 Chantel Seahorse Across the 1.03 $78,814 $1,189,358 $1,268,172 $1,017,892 26 $48,776 street ficin Beach Nautilus Galleria Across the 1.03 $67,502 $1,219,289 $1,286,791 $1,051,791 45 $28,595 street from Beach Pirates Crossing 8a Lake Padre 0.53 $184,591 51,233,405 $1,417,996 $1,337,959 36 $39,389 Seascape Villa Portofino Beachfront 2.31 $483,538 $5,372,008 $5,855,546 $5,130,665 53 $110,482 Mariners Cay Canal-2 3.51 $539,544 $2,497,196 $3,036,740 $2,261,740 136 $22,329 blocks from beach Padre Island- Across the 1.55 $135,036 $1,494,152 $1,629,188 $1,464,188 44 $37,027 Surfside street froth Beach Padre Isle-Island Beachfront 3.31 $528,142 $4,812,272 $5,340,414 $5,097,429 72 $74,172 House Sand Dollar Canal 0.37 $48,184 S558,458 $606,642 $366,642 34 $17,842 Total 27.99 $4,168,880 $44,277,177 $48,446,057 $44,086,398 838 $57,812 Source:Nueces County Appraisal District,Economics Research Associates TIF Analysis for Norte Padre Tsland-Final Page 8 Exhibit A - Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of$4.5 million. There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder parcels are approximately half an acre. There are 10 (0,51 acres) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The next three tables summarize properties by Tax ID. The first table lists all properties on Lake Padre, the second table shows all other(Canal, Packery Channel, non-classified) water front properties that are non-exempt and the last table shows all exempt properties. Table 7. Lake Padre Properties by Tax ID TAX ID Total Laad Total Total Total Acreage Value Improvements Assessed Taxable Value Value 6180- $1,636,741 $820,671 $2,457,412 $2,444,982 20.85 6185- $1,136,341 $0 $1,136,341 $1,136,341 23.75 6175- $225,114 $65,880 $290,994 $290,994 5.01 6125- $1,309,302 $52,191 $1,361,493 $1,361,493 286.05 6195- $283,515 $0 $283,515 $283,515 135 Total $4,591.,013 $938,742 $5,529,755 $5,517,325 470.66 Source:Nueces County Appraisal District,Economics Research Associates Table S. Other Non-Exempt Water Front Properties TAX ID Total Land Total Total Total Acreage Legal Description Value Improvements Assessed Taxable Value Value 3730- $152,759 $111,409 $264,168 $264,168 8.05 Island Fairway Estates 4793- $791,199 $276,447 $1,067,646 $1,067,646 6.75 Mariners Cay Lots 6170- $584,752 $0 $584,752 $584,752 7.58 PADRE ISLAND SEC B 6205- $735,000 $0 $735,000 $735,000 60 PADRE ISLAND SEC 18 1115- $174,019 $0 $174,019 $174,019 138.86 BRYAN WM SUR 606 LS 64, 129.964 ACS ICL 1717- $79,505 $1,281,980 $1,361,485 $1,229,343 1.00 Compass Townhomes - 13 units Total $2,517,234 $1,669,836 $4,187,070 $4,054,928 222.24 So^urce:Nueces County Appraisal District,Economics Research Associates TIF A mdysh for North Padre Ialand—Rnal Page 9 Exhibit A Table 9. Exempt Properties TAX Ila Name Acreage 111500000010 STATE OF TEXAS 138.87 111500000050 STATE OF TEXAS 4.03 373000030050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECES CO 20 625200000020 NUECES COUNTY TRUSTEE 30 Total 202.86 Source,.Nueces County Appraisal District,Economics Research Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10-year period. North Padre Island, in total, including waterfront and non-waterfront properties had a CAGR of 9.1%, i.e., properties grew on average 9.1% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by Location - 1992-2002 Year Padre wand Waterfront Lake Beach Other Non- _(AM Properties) Condos Padre Waterfront Waterfront CAGR 1992-2002 9.100/0 5.99% 0.77% -3.96% 2.03% 10.190/0 CAGB 1993-2002 10.14% 7.27% 5.45% -2.300/6 2.39% 11.06% Source:Nueces County AppmW District,Economics Research Associates TIF A m*pk 1br Nath Pod. Lland--Final PqP 10 Exhibit A TIF Revenue Conclusions The following tables summarize the TIF District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022. Scenario 1 reflects an overall average annual growth rate of 9.1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties. Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001 —2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $590,873,474 $909,709,774 $1,300,406,021 $1,523,320,994 $675,226,929 Grand Total Tax Revenue $8,553,266 $11,899,730 $15,964,864 $18,701,553 $8,289,646 Incremental TIF Revenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 $6,181,209 Accumulated TIF Revenue $2,338,110 $8,589,122 $19,282,891 $32,713,350 $38,894,559 u�.City of Corpus Christi,Nueces County Appraisal District,and Economics Research Associates Table 12. Scenario 2.77F District Taxable Value and Revenue, 2001 —2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Grand Total Tax Revenue $8,711,564 $11,971,610 $13,171,464 $15,269,336 $6,768,283 Incremental TIF Revenue $2,496,408 $6,322,891 $7,900,370 $9,998,242 $4,659,845 Accumulated TIF Revenue $2,496,408 $8,819,299 $16,719,669 $26,717,912 $31,377,757 Source:City of Corpus Christi,Nueces County Appraisal District,and Economics Research Associates TIF Andymb for North Padre IdwW--Rnel Pape 11 Exhibit A . The following exhibit shows the growth in the TIF revenue from both scenarios. Exhibit 1.TIF Revenue Schedule, Scenarios 1 and 2 c kk4 12iM r �h ka t2AM F 11 X00 r� 01080 ti00 �0 2001 2002 2003 20012003 2006 2007 2001 2009 9010 2011 2112 7012 2014 2016 2016 2017 201/2019 2020 2031 2022 TIF Anatra4lbr North Padre Liend—Find Page 12 Exhibit A The following table shows taxable values, grand tax revenue and incremental TIF revenue from the two scenarios in thousands of dollars. Table 13.TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2- 2001-2022 ($000x) YEAR TAXABALE VALUE GRAND TAX TIF REVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 $98,514 $98,514 $1,426 $1,426 $183 $183 2002 $107,589 $107,589 $1,557 $1,557 $314 $314 2003 $117,376 $118,803 $1,699 $1,720 $456 $477 2004 $127,940 $131,379 $1,852 $1,902 $609 $659 2005 $139,455 $145,524 $2,019 $2,107 $776 $864 2006 $152,006 $161,483 $2,134 $2,267 $928 $1,061 2007 $165,686 $179,546 $2,253 $2,441 $1,085 $1,274 2008 $180,598 $184,932 $2,376 $2,433 $1,246 $1,303 2009 $196,852 $190,480 $2,503 $2,422 $1,411 $1,330 2010 $214,568 $196,194 $2,634 $2,409 $1,580 $1,354 2011 $233,880 $202,080 $2,871 $2,481 $1,817 $1,427 2012 $254,929 $208,143 $3,130 $2,555 $2,075 $1,501 2013 $262,577 $214,387 $3,224 $2,632 $2,169 $1,578 2014 $270,454 $220,819 $3,320 $2,711 $2,266 $1,657 2015 $278,567 $227,443 $3,420 $2,792 $2,366 $1,738 2016 $286,924 $234,266 $3,523 $2,876 $2,468 $1,822 2017 $295,532 $241,294 $3,628 $2,962 $2,574 $1,908 2018 $304,398 $248,533 $3,737 $3,051 $2,683 $1,997 2019 $313,530 $255,989 $3,849 $3,143 $2,795 $2,089 2020 $322,936 $263,669 $3,965 $3,237 $2,910 $2,183 2021 $332,624 $271,579 $4,084 $3,334 $3,029 $2,280 2022 $342,603 $279,726 $4,206 $3,434 $3,152 $2,380 TOTAL $63,409 $55,892 $4,999,537 54,382,374 538,895 $31,378 arae:City of Carpus Ctuisfi Nueces County Appraisal District,and Economics Research Associates TIF AnWlyift fbr Nath Pa"bland-FkW Pass 13 Exhibit A Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT B Map: Existing Uses and Conditions in the Zone �1 I tel►i�+C CI�J+♦•••r••r�Ori I �i ♦plhryrrh,J Wil/`+•+r••r,iO,�••`•♦r:l\ � j5}ttii Y%: r�t6 q`l e p �11�+r•♦r',�,r„•�� ��y tit�ww �,�� INFIII�I1r1I,•,•,•a�•i•••►,I•i,♦r�ir♦ }t `�ti�i�7 _ /1�J,11111H.'tH{�laT••`ri�j rQ�••r••••j• ••I/►•♦ErE: '�IIIrRS�� 1 w r Irllllll •4 r+♦♦OO Ir••I, •�IYYH \ J\rJ •/I••!I too f ••••.•moi Fry•/:oma •I ,,•1�l1►rte'. �IlHfff` ±,`, �'/4i••hi�••I:rpnu rry/•/•J♦,, �' rhri, r'� hp 4r, 4.�:►IR{rnl►:? ��a J7rflnnurr ;o`' ;'•4 •••�•`••i�``�r„1 nr►,+3 �N4rIW:1111_tii111 7.� a.`•q/ry••p pI ;Ilµfftirrr�♦ 4► dr4r11H1�'u. :,��•riq•b!p�'`Iiiiuuieii +� `+iaulxlf• •. hp/i,r � •� 5alEuuua:. r a rinnlinu� •.``••• •p•`�'u1 uu^.e �r Luen:•� •.•••h hp !j IpuullE s'IIn1S � •ri rhh.1�•�i q�/ii,••/i%� Inauluf�riN S►lhr/ /I/I♦.� ya►.II•••1••••iI♦�►,r11fa75tr7p111111` I.... 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Exhibit A Reinvestment Zone Number Two City of Corpus Christi, Texas EXMff D Project Costs and Esthnated Cash Flaws Exhibit A Rebwestrnert Zone Number Two City of Corpus Christi,Texas Packery Channel Project Costs and Fund" Pr PNP Coats Coupe of TOW Zone TWO Engineers Land,easements,FLOW $236200 $82,670 $153,530 Demolition 20,834 7,292 13,842 Witty relocation 104,073 36,426 67,647 Site preparation 74,219 25,977 48,242 Reach 2 0 0 Mobilization&demobilization 486,881 170,408 316,473 Dredging 602,939 211,029 391,910 Reach 1 0 0 Mobilization&demobilization 1,348,383 471,934 876,449 Dredging 2,912,120 1,019,242 1,892,878 Ovwdepth 425,236 148,833 276,403 483,774 169,321 314,453 Placement in placement areas 1,382,386 483,835 898,551 Concrete bulkheads 2,369,894 829,463 1,540,431 Anchored concrete bulkheads 0 0 0 Containment sheetpiie/cap 0 0 0 Sand bypass pipe 321,421 112,497 208,924 Bridge occur protection 743,041 260,064 482,977 Jetty construction 9.738,800 3,408,580 6,330,220 Walkway curbing 0 0 0 Concrete walkway 1,502,309 525,808 976,501 Planning,engirreering&design 2,737,680 958,188 1,779,492 Cansbucticn management 1,817,640 636,174 1,189,466 Maintenance dredging reserve(a) 1,400,000 1,400,000 0 Mitigation costs 1,250,000 437,500 812,500 Mollie Beattie monitoring 541,000 189,350 351,650 Parting lot(b) 750,000 750,000 0 Parks&recreation oenter(b) 2,000,000 2,000,000 0 Financing,contingency reserves&rounding 1,410,683 1,410,683 $34,659,513 $15,745,274 $16,914,240 Funding Sources Carps of Engineers $18,914,240 $18,914,240 Series 2003 Bonds 2,500,000 $2,500,000 Series 2004 Bonds 4.300.000 4,300,000 Series 2005 Bonds 4,330,000 4,330,000 LdIty and Land Credit 340,273 340,273 General land Office Grant 1,275,000 1,275,000 Surplus Tax Incrernents or Bonds(b) 3,000,000 31000,000 $34,659,513 $15,745,273 $18,914,240 (a) Manlntenance dredging reserve either to be tlnarwed from the proceeds of Series 2005 Bands or as funds became avallable from surplus tax increments,or a combination thereof. (b) Perks&r+ecreation center and parking lot to be ilrranced as ftrtdbrp becomes avalwft from surplus tax Increments or bonds,or a combination thereof. Exhibit A �1 rI oop cIy� C R a0 O y� r r NNIS m C S7(71'1/717 S9 p�f�l li Vag aisr N � cc U. a y e ICI 11 �WiW 11rt11rrih 0 '' rrrrrPrr� rrX16 ( �6 6 6f ? a7 � CO O CIt�app mM[V n W �Q IC7 m 96 N 1 i If)IIl I+m r r r r �1NiaNimaNn�NilN7� v��+7S� m~m��� o X 3 !� jai $ �aS7Si4t5tSiVZSzicQ'�'i $ sVmMQ � � O !CQ" 0 0 o N dt-:r1+D 'as F�Ntit�Ia7 - 1O ap 20. ni o'm apmmmmmar /wJY/Fi PI e; �•i rV N V L 9 a. 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(�`f� f�� Nap r---� r mu A 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W �} s ti ERD7 ROJ la"Q) a N N P U .. 1� N ONNA MOIR�ONNm O0 n ODr f- tl »aa �' � � aoaoaom { o Nrr= � �' 4 III r r 1, 000ocla M mr 1t1 ao r. 0 oa ogon � n�n` ehr?FNNcf p o� CA affi�C% It It O�f1 � It 10 NOr IA 40 W)1t MC F 4 �f �r f f f 1p Y1 B O E Y1 I(3 f f f zLF g1 8 C its N N N N r 96 r r r N N N r N r C tl — W o0000oa00C),t- � tyopppppc 000 S i Y M) K N W 0 0 R K N r f F m O O C 0 0 O a3 f� O Yf{7 A W 1 O C tl m O�p m �p �p Ckin fNCDW WI�OTO� N wAr a � j Q = c r p 8 g AAp mpmp 0rNMf40 m1+ mO pNpN lr1�iiNN • m tl g C G C4 0 0 0 0 0 0 0 0 0 6 O 0 0 0 0 N N N N N N N N N NN N N N N N N N N N N N N N G7 r c app p �� � � � 111 � �� �� �� Opppyy Or r` �MfIf7 C1Ac00J NO�I N�I NNNM ITL A O O O O C G O O p 0 0 0 0 0 0 V 2 -1N N N N N N N N N N N N N N N N N N N N N EXHIBIT B j � � � � • \ \\\ 0" /so0,VIA ..,..,. w 'mwomm5 _ _ Oil /�s;� s Gil/ / of s ', 1 0-1 202 polo, / � Oil ;moi./, ■■� / //%/ / , goo !-/--i/ `iii% glgg zgg ■■■ ■■■ ���\\\\\�Cr rrrr. r I /, / /� /.- MIN //////%i — % r 1 1 1 1 1 NNNNN j A p _ p 11111111111111p N � � %ice„sse��� III N N �; gogm' d 1111111 1-1fol�,I /�ii . - N -gSir CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Current Land Use . a �e-Q o c O _ o� IHIT s _ o / / ..... :E� p 4' C g�6� � r i d "8 v ` Legend } �Cr J2 � Q TIRZ#2 Drainage Corridor Professional Office �fT Current Land Use®Park commercial Vacant Low Density Residential Public Semi Public;PSP Water Medium Density Residential Light Industrial 0 Natural Area ,A,High Density Residential Heavy Industrial atr�:Wetland 0 Mobile Home 0 1,450 2,900 51800 EXHIBIT C Printing Date:8/26/2009 Feet File:H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxd Prepared By:MikeN ©City of Corpus Christi,Texas CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Zoning B-4 B-2A R-2 R-1 B/10 - F-IR �qO^ F-R/10 AT B-2A/10%SP/9r7-09 j R-1 B 13-2A/10/SP/96-12 = AT urs B-2�A ATS/PUD-2 AT/10 AT R1�D2 � _ R-1 B/10 AT�10 �A�1w/10 _R!_1 B v AtTr/10 B-2/,ISO R-1'B/PUD-1/10 g2p B=2A/LE B-2A B-2/10 S R-1 B/10 A=2 - B=2A/10/SP/98-08 MTTF- R-2 - F-R/10 l3-2A/l0/0/'- -0 MN 4� �c Legend TIRZ#2 R-113/SP/01-11 ¢ AT/10 Zoning AT/SP/01-11 AT 0 1,350 2,700 5,400 Printing Date:8/26/2009 Feet File:H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\zoning.mxd Prepared By: s Ch EXHIBIT D ©City of Corpus Christi,Texas CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Future Land Use a � / . a� r /� Q i � � % � /, ', � �; �i / / , F �/. / { � / / rH1 s / a / //// S / / EE ME MEN ME E EE ME N '/ �/ / / 1 'I / Legend . i Q TIRZ#2 ®Drainage Corridor Commercial Future Land Use ®Park F Research/Business Park Conservation/Preservation Estate Residential ®Tourism Water I i Low Density Residential °"`�� Public-Semi Public Natural Area Medium Density Residential Light Industrial ::. „�y �Wetland High Density Residential -Heavy Industrial Vacant 0 Mobile Home AR Professional Office 0 1,375 2,750 5,500 EXHIBIT E Printing Date:8/26/2009 Feet File:H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\flu.mxd Prepared By:MikeN ©City of Corpus Christi,Texas NOT TO SCALE N AlAw A'111.�i W PAC ' M Y /-/AN EEL; W w 40 1 o11 SpBART" °MEwq�E.� ,. , ` EXHIBIT F a M PHASE 1 -SEAWALL PARKING LOT RESTROOMS PHASE 2 -PACKERY CHANNEL PARKING &OVERLOOKS (NORTH &SOUTH SIDES) PHASE 3-PACKERY CHANNEL RESTROOMS .. ;�^" ,& (NORTH &SOUTH SIDES) PHASE 4-ADA RAMPS TO JETTIES kr AI (NORTH &SOUTH SIDES) PHASE 5-PACKERY CHANNEL PAVILION (NORTHSIDE) PHASE 6-ADMINISTRATION & MAINTENANCE BUILDING PHASE 7 -ADA PARKING LOT IMPROVEMENTS AT EXHIBIT F JETTIE RAMPS CITY COUNCIL EXHIBIT PACKERY CHANNEL CITY OF CORPUS CHRISTI, TEXAS SIX PA CK DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 PROJECT LOCATION MAP DATE: 10/08/2013 �i m . EXHIBIT G npQD 5 � ?l GL0 recc TRACT 2 6 GLO LEASE TRACT 5 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL �I PUBLIC & ENVIRONMENTAL FACILITIES PLAN : NORTH AND SOUTH ACCESS TO PACKERY SCALE 1"=400' u .1 OF CORPUS CNRL4R .1 PR° T N0. JAN. 7, 2002 cNrururewc scRvlccs ucRAR—T 5122 REV.1 ATTACHMENT No.2 Sheet 7 of 6 I II I h 111 EXHIBIT G SUBLEASE AREA11 4 G p LE15E IIUCT] j 9 s c7 I EL NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT + PACKERY CHANNEL � � /[w OVERALL & ENVIRONMENTAL FACILITIES OVERALL PLAN - REACH I SCALE I"=JOO' GN OF CORPUS CRRLSR CITY PROJECT NO. NGV. 7, 2007 ENGINEERING SERVICES --T 1112 ATTACHMENT No.2 Shook 2 oT 6 EXHTBTT G to. V REV -—------------------ cal oil 0.tj P.. C5 b co) sh gwze NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT ,Ow PACKERY CHANNEL -p" PUBLIC & ENVIRONMENTAL FACILITIES PLAN VIEW so&: I" I REV.1 AWACHMENT No.2 Sh"t 3 af 6 w = -- I EA206:'AREA — - N G,- Rv Np �FGETATONWV D p OFARY .4 O i+`S NE f 10' — - _ gg Pg0TE000. w $� - N f i.1 4�ja 6 Y^ Q o E, y0m L 6 C/ D 5, VEGEfAipN urvE � O I I X75` � J I \ aG I D` GLO uA6E TRACT 1 v T - _ MIN.:7 40 L D u PROP SED PACES. r- f7�7fT17�� - I I a -1111 MIN. - P= SPAC Y EXHIBIT G g NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT a5f0 PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES r BEACH PARKING NORTH & SOUTH OF JETTIES SCALE I-= 100' LRY OF CORPIK CI4PISP CIN PROJECT DEC. 73,2007 ENCLYEERLVC SERVICES OEPARRIENT NO.5 2 REV.7 ATTACHMENT No.2 Sheet 4 of 6 / / , x O x3.5 6.5 /PPRP p zip -kl/ EXHIBIT G Q O 133 ZO C` n Y bl n mi MP sTNFI / I .5/ / 30 o In ml IrtL j _ I I V / aI ------------------ a — I OVERLOOK l l/ g '-p p / 29 l quo � MI I I x 2' ae i e y3 W x OLO LEASE IRACr3 — — — — — — — — — " — U ,3. Q o a x' (r7 NORTH PADRE ISLAND STORM DAMAGE 7.2 0 � REDUCTION AND ENVIRONMENTAL o A z RESTORATION PROJECT Z Y a cLo E sE RAcr 2 O PACKERY CHANNEL I 55" Ax a a / j � PUBLIC & ENVIRONMENTAL FACILITIES O BEACH PARKING NORTH & SOUTH OF JETTIES SCALE: 1 = 100 LILY OF CORPIK CI4PISn CIN PROJECT �VENOOR KpSK MEAS NOV. 7, 2001 ENOLYEER41'O SERVICES OEPMRIENT NO.5122 REV.1 ATTACHMENT No.2 Sheet 5 of 6 e NORTH SIDE SOUTH SIDE --- ---------I_____i ___i_ __�___m,_r____ - ua___i____J_____L____i�___J_____ J8L___ ____--- LJ_____L____i____i_____L I I I I i I I I — - I �t4___7____,_____�____T____,_____r____7____,J4___ ____T____,_____r____1____ r ___T____,__ __ __ _ ___r____7 ,f0 —-- I I J _= ____L____J� 164+00 SEE DETAIL BELOW OVERLOOK 270' I 130' 140' I EL=6.55' Z 33' 1 64' 25' 8' PROP. FILL PARKING AREA Z' 10 INLET SIDEWALK " 10 ---- - ------ - - - -- --- -- ------------------------T------ - --- - - --- --------------------------------------------------- OUTFALL -------------- --------------------------------- -- OUTFALL 3 EXISTING GROUND z STRUCTURE Q -\ --------- EL=5-25' BULKHEAD v I 1 s — —1--- ---- --------- ——————————————— —i- ------------------------------ ------ _ --------------- ------------- 0 N----- ------------------------------------L--------- - --------------- } 0 ---- -- ----------- -------------- - — EL =-1.75' Y WATER EXCHANGE PIPE MINOR BULKHEAD 1 L -ri I 3 PROP. CHANNEL EXIST. GROUND -10 ------------------------------------------------------------------------------------ ------------------------------------ -_-1-0 II I i ---- -------------------------------- _14.25— EL I I I I I —20-----L----------------------------------------------------1-----------------------------------------------------'-----------------------------------------------------—20 NORTH SIDE o HORZ. SCALE = 5' 0 164+00 o � VERT. SCALE: i"=5' o � + + + + M N � NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL EXHIBIT G PUBLIC & ENVIRONMENTAL FACILITIES TYPICAL CROSS-SECTION NORTH PARKING LOT NEXT TO BULKHEAD LILY OF CORPIK C14PISP CIN PROJECT NOV. 7, 2001 ENOLYEERLVO SERVICES OEPARRIENT NO.51]� ATTACHMENT No.2 Sheet 6 of 6 EXHIBIT H PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL AUGUST 29, 2023 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete Completed driveways, minor water and wastewater improvements, landscaping improvements, $640,447 March 2006 lighting improvements,and concrete pedestrian ramp. Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed Completed 300-space parking area including the construction of new planting islands with mexican $145,461 fan alms,sea grape trees,decorative rock and irrigation. March 2008 3 Packery Channel Boat Ramp Parking Lot/Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat $1,053,176 total Ramp; construction of an access road and related signage and pavement markings, project cost. Completed and the installation of 1,000 square yards concrete reinforced pavement adjacent to $549,216 from July 2009 boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of TIRZ#2 electrical conduits;and minor landscaping. 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to Completed prevent erosion and allow for discharge of water from the dredging operations to $431,377 discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at Apri12010 the boat ramp to enhance shoreline protection. 5 Packery Channel South Parking Lot Restroom Phase 1 This project included the construction of restroom facilities at the South Parking Lot at the beach Completed seawall on Windward Drive. The project included separate men and women facilities to with $460,743 July 2010 showers,toilets,changing stations,outdoor seating area,and native landscaping. 6 Packery Channel Parking Lot and Overlooks(Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways,storm water $2,869,224 Completed structures lighted bollards with electrical receptacles,lighting,landscaping,concrete benches andMarch 2012 repairs to shoreline structures. 7 Packery Channel Aids to Navigation/Signage This project consisted of lighting improvements to Packery Channel as required for safety and Completed security along with signage to mark no wake zones.Per ISAC,additional funds needed to replace $64,500 signs following Hurricane Harvey. December 2012 7a Packery Channel Aids to Navigation/Signage-Hurricane Harvey Repairs Per ISAC,additional funds needed to replace signs completed in Project 7 following Hurricane Revised 2/20/18 $7166 Completed Aprll Harvey. $65,000 , 2019 page 1 of 3 8/11/2023 EXHIBIT H PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL AUGUST 29, 2023 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 8 Packery Channel Restroom Facilities Phase 3 This project consists of the purchase and installation of a mobile restroom on the north side of the Solar Powered Packery Channel and adjacent parking lot. The project also includes turn-around and connector t Units: Complete. Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long) is also being Showers: Partial planned. Priority Item.P&R recommends self contained,solar powered mobile units to be placed Revised 2/13/2018 at Packery Channel Parking Lot,end of Zahn Road and on South side of PC(at a location yet to $412,000 $402,000 Water line installed be determined) Build and Install portable restroom shelters to hold portable restroom units at Spring'18. In various locations. Build and Install Portable Shower units on the North and South side of Packery process of Channel. Board approval of 4 portable restroom facilities at$65,000 each plus 20%contingency coordinating with and shower facilities at$100,000 total. GLO. 9 Packery Channel Ramps to Jetties Phase 4 This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom,lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide Revised 2/20/18 access from the beach to the restrooms,lookouts and parking lots. This project was designed as $35,000 $8,979 Complete part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach.For Mobi-Mats per ISAC recommendation. 10 Packery Channel Dredging and Beach Nourishment-2012 The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along Last Completed the Gulf shoreline to the south of Packery Channel,and 15,000 cubic yards of sand from the north $1,820,843 March 2012 to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. 10a Packery Channel Dredging and Beach Nourishment-2020 The project consisted of dredging beach quality material from within Packery Channel and In permitting placement of the dredged material as beach nourishment along the Gulf shoreline. Dredging $350,000 process.Waiting to schedule to be determined by results of annual study of channel. hear from USACE. 10b Ongoing Packery Channel Maintenance through 2042 This project consists of ongoing maintenance of the Packery Channel, including a regular $36,400,000 dredging schedule to continue through December 31,2042 11 Packery Channel Pavilion Phase 5 This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Estimated Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available Revised 2/20/18 completion: Fall funding. P&R recommends further discussion on this item to determine if another amenity would $250,000 2019.At 90% better suit the area. ISAC recommends Pavillion staged at the boat ramp parking lot as well as Design pavillion like structure on north and south side of the jetty. 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed $1,847,312 2018 monitoring monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel $205,000 (Lifetime complete.2019 and the surrounding nearshore, measurement of elevation along the adjacent beach and inland Expenses to Contrat executed. channel segment(shoreline position),elevation measurements across the Mollie Beattie Coastal Date) Habitat Community,and measurement of current velocity in the inland channel segment. page 2 of 3 8/11/2023 EXHIBIT H PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE#2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL AUGUST 29, 2023 PROJECT EXPENSES PROJECT PROJECT BUDGET TO DATE STATUS 15 Packery Channel Revetment Repair Storm surge,strong currents,and waves from Hurricane Harvey caused damage to the slope Added 2/13/18 protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 $600,000 Preliminary bridge and the Gulf of Mexico.Repair concepts will be developed for two alternatives;one to Engineering Report return the project to its approximate pre-storm conditions,and another to upgrade the project to a improved condition that is more resilient to future storm impacts.The City will procure a design $4,000,000 for $417,027 Complete. In consultant through the RFQ process,and the selected firm will prepare the construction plans. construction as permitting and Post design,construction will be procured. stated in FY 2020 design phase. Budget 16 Park Road 22 Bridge On February 21,2017,the TIRZ#2 board met and approved the amendment of using funds from TIRZ#2 to support the construction of two one-way bridges spanning Park Road 22.City Council approved this amendment on February 20,2018. In April 2017,the City Council approved the $4,000,000 appropriation of$4M in TIRZ#2 funding for the contruction of PR 22 Bridge.A Developer 11/12/2019 Add'I $0.00 In progress. Agreement for PR22 Bridge was approved by City Council on April 23,2019.After re-bidding the $2,884,815.66 construction contract in October 2019,the lowest bid was$13,943,536 and the budget shortfall totals$2,884,815.66. 17 Beach Crosswalk at St.Augustine&Windward Dr. Per request of the Island Strategic Action Committee:Traffic improvement on Windward Drive at Saint Augustine Drive,for pedestrian crossing on Windward Drive to facilitate access to and from Michael J.Ellis Beach.Scope of work includes:crosswalk,access ramps,traffic signs,and $32,000 $0.00 Completed pavement markings. Estimated costs are$23,000 for the crossing and associated traffic February 19. improvements;$9,000 for solar powered flashing LED crossing signs. 18 Feasibility Study Per Texas Tax Code Sec.311.011. Project and Financing Plans. (c)Reinvestment zone financing plans must include(3)a finding that the plan is economically feasible and an $50,000 $3,045 Complete economic feasibility study. 19 Contingency For All Projects Project contingency fund for all projects. $100,000 20 Improvements to R. Briscoe King Pavilion This project consists of infrastructure improvements to the R. Briscoe King Pavilion, which will be proposed by Nueces County and approved by the City Council prior to $4,000,000 transfer of funds. 21 Whitecap PID Public Infrastructure This project consists of reimbursement to a developer for qualified public infrastructure included in the Whitecap PID project. Qualified infrastructure includes bridges,a walking $11,500,000 trail,and a water exchange,which will all be publicly accessible. 22 Multi-Moblity Study This project consists of the creation of a a multi-mobility plan for the TIRZ#2 that considers $150,000 connectivity for golf carts and bicycles throughout the TIRZ#2 boundary. page 3 of 3 8/11/2023 Exhibit I CorpusCity of Budget Reinvestment Zone No. 2 Fund 1111 Original Amended Account Actuals Budget Budget Estimated Proposed Number Account Description 2020-2021 2021 - 2022 2021 -2022 2021 - 2022 2022-2023 Beginning Balance $ 1,763,794 $ 4,515,879 $ 4,463,933 $ 4,463,933 $ 7,945,795 Revenues: 300020 RIVZ#2 current taxes-City $ 2,703,483 $ 3,055,011 $ 3,055,011 $ 3,114,436 $ - 300050 RIVZ#2 current taxes-County 1,293,788 1,454,622 1,454,622 1,478,461 - 300060 RIVZ #2 current taxes-Hospital 465,860 528,613 528,613 533,023 - 300110 RIVZ#2 delinquent taxes-City 6,090 22,000 22,000 25,152 - 300140 RIVZ#2 delinquent taxes-County 296 8,000 8,000 9,346 - 300150 RIVZ#2 delinqnt taxes-Hospital (360) 3,000 3,000 3,782 - 300210 RIVZ#2 P&I-City 27,444 26,000 26,000 27,836 - 300240 RIVZ#2 P&I-County 13,270 12,500 12,500 13,353 - 300250 RIVZ#2 P&I-Hospital District 4,797 7,000 7,000 5,630 - 340900 Interest on Investments 4,772 5,000 5,000 22,095 - TOTAL REVENUES $ 4,519,438 $ 5,121,746 $ 5,121,746 $ 5,233,114 $ - Total Funds Available $ 6,283,232 $ 9,637,625 $ 9,585,679 $ 9,697,047 $ 7,945,795 Expenditures: 11305 TIF02 Activities $ 1,500 $ - $ - $ - $ - 55000 Principal retired 1,555,000 1,605,000 1,605,000 1,605,000 - 55010 Interest 142,200 72,225 72,225 72,225 - 55040 Paying agent fees 5,544 6,000 6,000 2,976 - 60010 Transfer to General Fund 115,056 71,051 71,051 71,051 - TOTAL EXPENDITURES $ 1,819,300 $ 1,754,276 $ 1,754,276 $ 1,751,252 $ - Gross Ending Balance $ 4,463,933 $ 7,883,349 $ 7,831,403 $ 7,945,795 $ 7,945,795 Bond Reserve $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 Maintenance Reserve 500,000 500,000 500,000 500,000 500,000 Net Ending Balance $ 2,463,933 $ 5,883,349 $ 5,831,403 $ 5,945,795 $ 7,445,795 Notes: Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone. The Zone became effective on November 14, 2000. The funding source is post-2000 incremental property taxes from taxing units with property within the boundaries of the zone. Total project cost was$30 million of which the City was responsible for 35%or$10.5 million. This was financed through tax increment contract revenue bonds. An additional $1.4 million was needed to repair the damages to Packery Channel caused by Hurricane Rita and Hurricane Emily. This brought the total amount financed by the City to $12 million in four debt issuances. 195 MARKET AND ECONOMIC FEASIBILITY STUDY UPDATE Tax Increment Reinvestment Zone #2 Corpus Christi, Texas N A TIF #2 U 00.11.3 0.6 0.9 1.2 Miles Prepared for: Prepared by: The City of Corpus Christi rim Economic Development Office P.O. Box 9277 CDs&, Corpus Christi, Texas 78469-9277 COMM LIN ITY DEVELOPMENT STRATEG I ES July 2019 Economic Study Update—TIRZ 2 Corpus Christi,Texas TABLE OF CONTENTS Tableof Contents............................................................................................................................... i Tableof Exhibits ...............................................................................................................................iii Economic and Demographic Overview................................................................................................1 Regional Economic Trends............................................................................................................................1 Employmenttrends ......................................................................................................................................1 RegionalEconomy.........................................................................................................................................5 CorpusChristi Economy................................................................................................................................6 HurricaneHarvey........................................................................................................................................10 DemographicTrends........................................................................................................................12 CorpusChristi MSA.....................................................................................................................................12 RegionalDemographics.......................................................................................................................13 Cityof Corpus Christi...................................................................................................................................14 Employment.........................................................................................................................................16 Housing Trends Comparisons .....................................................................................................................18 TIRZ#2 Demographics................................................................................................................................21 TIRZEmployment.................................................................................................................................23 HouseholdIncome................................................................................................................................24 Real Estate Market Overview...........................................................................................................26 CorpusChristi MSA.....................................................................................................................................26 SingleFamily Residential......................................................................................................................26 Mult1family...........................................................................................................................................26 Retail....................................................................................................................................................27 Office....................................................................................................................................................28 CorpusChristi Overall .................................................................................................................................30 SingleFamily Residential......................................................................................................................30 Multifamily...........................................................................................................................................32 Retail....................................................................................................................................................35 Office....................................................................................................................................................41 IslandMarkets.............................................................................................................................................44 IslandResidential.................................................................................................................................44 Multifamily...........................................................................................................................................45 Retail....................................................................................................................................................47 Office....................................................................................................................................................54 Tourismand Hospitality.......................................................................................................................54 Island Development Trends........................................................................................................................56 New Development In Process...............................................................................................................58 Impacts on Island Development.................................................................................................................60 Plan CC Comprehensive Plan (September, 2016).................................................................................60 ------------------- CDS Economic Study Update—TIRZ 2 Corpus Christi,Texas Regional Parkway PEL, March 2017....................................................................................................62 Metropolitan Transportation Plan 2015-2040...................................................................................64 Schlitterbahn New Ownership .............................................................................................................64 PotentialDemand............................................................................................................................68 Single Family Residential Demand.......................................................................................................68 TIRZ Demand for Single Family............................................................................................................68 MultifamilyDemand............................................................................................................................69 TIRZ Demand for Multifamily...............................................................................................................69 Retail Development Demand...............................................................................................................70 TIRZDemand for Retail........................................................................................................................70 Office Development Demand...............................................................................................................70 TIRZOffice Demand.............................................................................................................................71 Hoteland Tourism................................................................................................................................71 Property Account and TIRZ Value Analysis........................................................................................72 New Development Projections—Quantities and Values............................................................................72 Projected TIRZ 2 Increment and Revenue ..................................................................................................76 TIRZ2 Recommendations...........................................................................................................................78 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- C Economic Study Update—TIRZ 2 Corpus Christi,Texas TABLE OF EXHIBITS Figure 1: Map of Corpus Christi MSA............................................................................................................1 Figure 3: Corpus MSA Employment Wages by Industry...............................................................................2 Figure 5: 2018 Top Industries in the Coastal Bend Region...........................................................................4 Figure 6: Corpus Christi MSA Job Growth.....................................................................................................5 Figure 7: Corpus Christi Employment By Industry (in thousands)................................................................6 Figure8: Corpus Job Growth.........................................................................................................................7 Figure 9: Corpus Area 2017 Investment in Economy....................................................................................8 Figure 10: Projected Additional Tax Revenues.............................................................................................9 Figure11: MSA Map....................................................................................................................................12 Table 1: Corpus Christi MSA Demographic Overview.................................................................................13 Table 2: City of Corpus Christi Population and Household Trends.............................................................14 Table 3: Population and Age Trends—City of Corpus Christi Total............................................................15 Table 4: Educational Attainment................................................................................................................15 Table 5: Corpus Christi Household Income.................................................................................................16 Table6: City Employment...........................................................................................................................16 Table 7: City Population and Employment Forecasts.................................................................................17 Table8: Housing Trends..............................................................................................................................18 Figure12:TIRZ#2........................................................................................................................................21 Figure 13:TIRZ Street Map View ................................................................................................................21 Table 10: Population and Age Trends in TIRZ#2........................................................................................22 Table 11:TIRZ#2 Household Characteristics..............................................................................................23 Table12:TIRZ Employment........................................................................................................................23 Table 13: Household Income Distribution..................................................................................................24 Table 14:TIRZ#2 vs. Corpus Christi Incomes..............................................................................................25 Figure 14: MSA Home Sales and Average Price..........................................................................................26 Figure 15: MSA Multifamily Trends ............................................................................................................27 Figure16: MSA Retail Trends......................................................................................................................28 Figure 17: MSA Office Trends .....................................................................................................................29 Figure 18: Median Home Price Trends.......................................................................................................30 Figure 19: Corpus Inventory by Price Range...............................................................................................30 Figure20: Corpus Days to Sell.....................................................................................................................31 Figure21: Multifamily Trends.....................................................................................................................32 Figure 22: Multifamily Rent Trends ...........................................................................................................33 Figure 23: Units Under Construction..........................................................................................................34 Figure 24: Corpus Christi Retail...................................................................................................................35 Figure25: Retail Forecasts..........................................................................................................................36 Figure 27: Corpus Retail Trends..................................................................................................................37 Figure 29: Retail Under Construction .........................................................................................................37 CDS Economic Study Update—TIRZ 2 Corpus Christi,Texas Table 15: Household Effective Buying Income ...........................................................................................39 Figure 30: Corpus Christi Office Overview..................................................................................................41 Figure 31: Corpus Christi Office Trends and Forecasts...............................................................................42 Figure 32: Corpus Christi Office Trends......................................................................................................42 Figure 33: Office Under Construction.........................................................................................................43 Table 18: Median Home Sale Prices............................................................................................................44 Table 19: Island Residential Sales...............................................................................................................44 Figure 34: Island Multifamily Trends 2014-2018........................................................................................45 Table 20: Island Multifamily Supply............................................................................................................46 Table 21: Island Retail Supply.....................................................................................................................48 Table 22: Household Effective Buying Income ...........................................................................................50 Table 26: Island Office Supply.....................................................................................................................54 Table 27: MSA Historical Hotel Trends 78418 ...........................................................................................55 Table 29: Island Building Permit Trends .....................................................................................................56 Table 30:TIRZ Commercial Development Permits.....................................................................................57 Figure37: Regional Parkway PEL................................................................................................................63 Figure 38: New Schlitterbahn Ownership...................................................................................................66 Table31: City Projections ...........................................................................................................................68 Table32: City...............................................................................................................................................68 Table 33:TIRZ Single Family Demand.........................................................................................................69 Table 34: City Multifamily Demand ............................................................................................................69 Table 35:TIRZ Multifamily Demand............................................................................................................69 Table36: City Retail Demand......................................................................................................................70 Table 37:TIRZ Retail Demand.....................................................................................................................70 Table 38: City Office Demand .....................................................................................................................71 Table 39:TIRZ Office Demand.....................................................................................................................71 Table 40: Projected TIRZ 2 New Development Quantities.........................................................................73 Table 41: Projected TIRZ 2 New Development Assessed Values...............................................................74 Table 42: Projected TIRZ 2 Taxable Value ($).............................................................................................76 Table 43: Projected TIRZ 2 Assessed Value Increment ($).........................................................................77 Table 44: Projected TIRZ 2 Revenue ($).....................................................................................................78 Economic Study Update--7 RZ 2 Corpus Christi,Texas INTRODUCTION Community Development Strategies (CDS)was asked by the City of Corpus Christi to examine the market conditions and assessed value trends in the existing TIRZ#2 (North Padre Island TIRZ), which is currently set to expire in 2022, and project new development and value increases that would likely occur if the zone's life is extended on a long-term basis (perhaps 20 years). Based on the findings herein, CDS will provide a documented assessment concerning the revenue projections for TIRZ#2,including the potential for future development and re-development of various properties and commercial land uses that exist or could be planned for the proposed Zone in its existing and potentially expanded boundaries. Such land uses will likely include: • Multifamily residential (for sale or rent) • Single family residential (for sale or rent) • Retail/Commercial • Lodging/hospitality/ hotel CDS will make special consideration for the role of second home and investor ownership patterns in the residential market and the impacts of Hurricane Harvey damage on market potential and assessed values. ECONOMIC AND DEMOGRAPHIC OVERVIEW Regional Economic Trends The Corpus Christi Metropolitan Statistical Area (MSA)includes Aransas, Figure 1: Map of Corpus Christi MSA Nueces and San Patricio Counties, a E E- M ` Ak°q Gttn tp R E E U G 1 0 AiRmK illustrated in the map on the right. The t E x A S city of Corpus Christi is the economic e, a F`"N S A= p center of the MSA and the larger region served by the Coast Bend Council of Governments. Rmna ` �c°Varro gay Bay u " Rxkppt° The region currently has a population ' S^5j ^T I G 1 0 St Jomp .wi�s ten s b� of 460,669 and an employment of °armee 211,341. Rp1kMeoeme ChIM N .n. Employment trends cnn:oey �i.u� The employment growth of the region N C has been positive. The table below U E E illustrates the historical unemployment rates. As shown in Figure 2, Corpus Christi MSA is currently at 4.4% which is slightly above Texas (3.5%) and the U.S. (3.9%). CDS1 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 2: Corpus Christi MSA Unemployment Rates March 2009-2019 ,2% 8% 6% a% 2% 0% E g to ZZZZZ � E Texas US Corpus Chrisb Figure 3 below illustrates wages by industry. Government had the highest wages by industry at 379.28 million at 3Q2018. Figure 3: Corpus MSA Employment Wages by Industry Wages by Industry(in millions) (3r4 Quarlar ) Umlasslled$1.41 Nahral Hesaurces and Murng 510281 Gwemnenl$379.26 cow Ccnwrucuan 5315.91 gerrrees$42!.5d Leisure ani Fiospdahiy$124.93 � kfarMiachrirrg$159.02 Trade. rranWr=an Educallan and any Uhhum 3334.00 Fkm4k Sewbee$125.60 ' byk mahon$21.15 Praleaslorrel and Business Serwes$244.03 Fineness" Activrhes$106.65 Source:Texas Real Estate Center/Texas Workforce Commission,April 2019 Figure 4 illustrates the employment by selected economic sectors. The largest sectors are Trade/Transportation, Government, and Education/Health Services. Followed by "Mining" and "Leisure and hospitality". Sectors that saw growth from 2017 to 2018 were Manufacturing, Professional Services, Education and Health, and Financial Activities. The sectors in the Corpus Christi MSA that have seen negative job growth were Mining and Trade/transportation. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS Z. Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 4: Employment By Industry Employment by Industry(March 2019) Muting,Logging Government 18.1",6 and Construction 12.5% Manufacturing 4.4% Other Services 32N 40i "I % ° Trade.Transportation. Leisure and / and Utilities 16.9% Hosptality 13.3% Information 0.8% _ Financial Activities 4.3% Education and `_ Professional and Health Services 16.6% Business Services 9.8% Employment by Industry(March 2019) Industry Current Month Employment °la Monthly Change % Yearly Change Total Nonfarm 194.300 0.0?� 0.5% Mining,Logging and Construction 24,300 -1.6% -&.5% Manufacturing 8,500 -2.3', 4.9% Trade,Transportation,and LJtililies 32,900 0.0% -0.6% nformabon 1,600 0.c"-c 0.0% Financial Activities 8,300 0.03/c Z5% Professional and Business Services 19.000 3.1' 3.3% Education and Health Services 32,300 0.0% 2.9% Leisure and Hospitality 25.900 3.6" 1.6% Other Services 6,300 1.64 1.6% Government 35.200 0.6 0.6% Source:Texas Real Estate Center/Texas Workforce Commission,April 2019 CDS 3 Economic Study Update—TIRZ 2 Corpus ChirnsV, Texas The table below lists the major employers in the Corpus Christi MSA. Government agencies (local and military) and health care institutions dis-proportionately represent the major employers in the region. Figure 5: 2018 Top Industries in the Coastal Bend Region Corpus Christi Independent School District 5,944 Naval Air Station Corpus Christi 4,500 H.E.B. Stores & Bakery 3,840 CHRISTUS Spohn Hospital 3,400 Corpus Christi Army Depot 3,400 City of Corpus Christi 3,202 Driscoll Children's Hospital 2,136 Corpus Christi Medical Center 1,885 Kiewit Offshore Servivices 1,750 Bay Ltd, 1,700 Del Mar College 1,500 Nueces County 1,440 Flint Hills Resources 1,200 Texas A&M University - Corpus Christi 1,180 Turner Industries 1,100 Valero Bill Greehey Oil Refinery 80C Kane Beef Processors LLC 75C CITGO 550 Source:Corpus Christi Regional Economic Development Corporation,Regional Profile, August,2018 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4 EconoV iI c Study Update__7 R2 2 Corpus Christi,Texas Regional Economy The Corpus Christi regional Figure 6: Corpus Christi MSA Job Growth economy has two strong underpinnings: 1) a strong Regional Employment Y-o-Y °/Change industrial base and 2)a healthy 5 tourism industry. 4 aejrsis According to a recent report 3 —Corpus ChristiMSA(Seasonally Adjustedl from the Corpus Christi 2 Housing Overview/Fed Reserve 1 Bank of St Louis, the regional a employment has grown 01 2011 2012 2013 2014 2015 2016 2017 consistently since 2016. .1 Regional Unemployment rate .2 is returning to its oil boom -3 levels around 5%. 4 Local growth factors to the Graphics From:Corpus Christi Housing Overview;Real Estate Center at Texas A&M region include $50 billion in University and Federal Reserve Bank of St Louis industrial construction projects 11 Regional Unemployment(%) underway and the new Harbor bridge construction, adding 10 5,171 jobs in 2018 alone. 9 Future economic growth in the S Corpus Christi region is 7 expected to be less dependent 6 on the oil and gas sectors and 5 „a be generated by: —Corpus Christi VISA(Seasonally Adjusted) 4 • the expansion of trade 3 through the Port, 2010 2011 2012 2013 2014 2015 2016 2017 • becoming a center for alternative energy Capital Development Projects'Impacts sources (stimulated by 2018 2019 2020 2021 , 22 the wind energy research Construction Employment Change(Job Years) activities being proposed Harbor Bridge 598 578 352 for the area), Industrial Projects 3,914 7,284 3,306 751 43 • tourism, and • a burgeoning retirement Permanent Employment Change community Manufacturing Sector 659 363 25 80 520 Total Jobs 5,171 8,225 3,683 831 563 CDS 5 Economic Study Update-TIRZ 2 Corpus Christi,Texas Corpus Christi Economy Depressed energy prices did not completely weaken the job market in Corpus Christi. Large employers and consistent growth in major industries such as government and education and health services stabilized the metro's economy and made it less susceptible to economic hardships caused by the oil industry. The Naval Air Station, CHRISTUS Spohn Health System, and the Corpus Christi Independent School District are the three largest employers here.All in all, after job growth ended in 2015, it has since rebounded slightly, though total employment in Corpus Christi has remained relatively flat since then, even with the rebound in energy prices. Much of this can be attributed to the fact that Corpus was one of the hardest hit during Hurricane Harvey last year. The Port of Corpus Christi is going through a period of transformation. Since the downturn of the oil industry,the metro's tenant base has diversified to include an Austrian steel company Voestalpine and an $11 billion export terminal for Cheniere LNG is currently under construction. Port officials are also planning a project to make the port's channel 52 feet deep and 530 feet wide, making it able to accommodate almost any size ship. This is all part of an effort to keep the Port of Corpus Christi among the leading ports in the country.Additionally,there has been a subtle return of energy related companies, as Flint Hills Resources and a subsidiary of Occidental Petroleum Group have recently moved to the Port of Corpus Christi. Figure 7: Corpus Christi Employment By Industry(in thousands) Current Jabs Current Growth 10 Yr Historical 5Yr=cr2_as: NA ICS Industry Jobs LQ Market Ui8 Market u5 Market u5 manufacturing S 0.5 -2.50% 208% -3.01% -0.26° -021% -1.41° Trade,Transportation and Utilities 33 0.9 -01.39% 1.19% 0.05% 0.74% MD% 0.16% Retail Trade 21 1.0 -1.45% 0.43% 0.46% 0.57% 0.79% 0.20% Financial Activities 8 0.7 1-91% 1-41% -0.34% 0.55% 1.14% 0.60% Government 34 1.2 -01.16% 0-30% -0.11% -0.079 0.40% 0.53% Natural Resources,Mining and Gonstruciion 28 2.7 6.41% 4.32% 1.31% 0.43% 2.39% 1.29% Educalion and Health Services 32 1.0 2.04% 2.10% 1.22% 2.48% 1.94% 1.02% Professional and Business Services 18 0.6 1.12% 2.56% 0.46% 1.94% 2.09% 1.24% Information 2 0.5 453% -0.45% -3.66% -0.59% 0.85% 0.07% Leisure and Hospitality 25 1.2 -01.92% 1.67% 1.66% 2.11% 2.08% 1.04% Other Services 7 0.9 -0.53% 1.25% -0.03% 0.70% 1.00% 0.22% Total Employment 193 1.0 4.9996 1.69% 0A6% 0.97% 1.43'% 0.58% 2ource:`.ioodv's Ansl}tics LQ=Loae:ion Quotient Source:Costar Corpus Christi Economy As shown in Figure 7 above,job growth is forecasted to continue in Corpus Christi but at a lower rate over the next five years as compared to historical trends. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 6 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 8: Corpus Job Growth YEAR OVER YEAR JOB GROWTH 4% i F[1�BCS8t i u 3% r 1 % t a% -1 % M -2% i r -3% 1 L L I i I L, I i I L i 1 1, 1 1 1 1b 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 ■ Carpus Chns4 0 Untied States CCREDC 2017 Annual Report reported over $30 billion in capital investments with a net of 2,172 jobs created. The largest investment was GCGV (Exxon Mobil/SABIC) at $9.65 billion with 640 full-time jobs. The most recent successes from the report are outlined on the following page. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- C Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 9: Corpus Area 2017 Investment in Economy MOST RECENT SUCCESSES: $30;221,v900,000 2,172 TOTAL CAPITAL INVESTMENT JOBS + SWC Group*$1 million*75 full time jobs GCGV (ExxonMobil f SABIC) $9.65 BILLION Total capital Investment 0640+ Full Time Jobs Over$60miJlinn in annual payroll I • Envirotech Carriers*$500,000*10 full time jobs + Radiology Associates*$6 million*112 full time jobs + BASF*$55 million*20 full time jobs • Chemours*$230 million■►45 full time jobs + Rangeland Energy♦$100 million*50 full time jobs • Results*$100,000*200 full time jobs + Adler Scaffolding*$2 million*150 full time jobs • Tex-Isle*$50 million*100 full timejobs + Oxy Petroleum*$100 milliori*30 full time jobs • Gravity Midstream*$200 million*25 full time jobs + QSR Online*$400,000 *27 full time jobs • Govind Development*$2.1 million*206 full time jobs + Cheniere*$19 billion*500 full time jobs + CC Cold Storage♦$2.4 million*10 full time jobs + Occidental Petroleum■1$58.5 millior*61 full time jobs • LyondellBassell*$500 million*18 full time jobs • Epic Y Grade*$200 million*10 full time jobs Source:CCREDC 2017 Annual Report CDS 8 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 10: Projected Additional Tax Revenues Generated from New Regional Projects School r $998,247,217 MMW$3,702„205„157 Municipalities $95,126,411 $176,621,237 Community . - $24,860,349 $47,840,219 « $471,533,167 $2,136,842,132 Other r $27,634,171 $50,7661,063 Taxing Entity 0 - . - . Nueces County $61,290,751 $117,081,426 Hospitalt $27,634,171 $50,766,063 City of . « $95,126,411 $176,621,237 SchoolNueces r $270,782,559 ■_ 5502,393,510 Del . - $24,860,349 $47,$40,215 Type + Effect $26,385,763 ■_ $47,944,853 San Patricio County $410,242,416 $2.019,760,706 SchoolSan Patriclo r $727,464,65.9 $3,199,811,647 These tax revenues are net of any incentives offered. Assumed the time to complete move appreciatively. City of Corpus Christi includes the industrial district payments Source:CCREDC 2017 Annual Report; no explanations are provided in the report. CDS 9 Economic Study Update—TIRZ 2 Corpus Christi,Texas Hurricane Harvey The National Weather Service reported on Thursday August 24th, 2017 Harvey's impact on the Middle and Upper Texas Coast seemed almost certain and potentially devastating. Not only was Harvey forecast to become a hurricane by Thursday evening, but it was expected to strengthen and make landfall as a major hurricane (Category 3 or higher) on Friday. Although the eye of Harvey made landfall around 30 miles northeast of the city of Corpus Christi, strong and damaging wind gusts were experienced away from the center of circulation at the Corpus Christi International Airport and in the city as well as other locations.The Corpus Christi International Airport had a 63 mph gust before it went offline.The Victoria RAWS station had a peak gust of 83 mph. Much higher wind gusts did occur in the city of Corpus Christi, as the Doppler radar showed velocities of 70 mph or more,just a few hundred feet off the surface. Rockport and Fulton were hardest hit by the storm as they took a direct hit from Harvey's eyewall. Many structures, residences, and business in and near the Rockport and Fulton area were damaged or destroyed, as roofs were blown off and walls collapsed. Electricity and water services were lost.The city's infrastructure was crippled. Significant structural damage also occurred in numerous other coastal town including Port Lavaca, Copano Village, Aransas Pass, Port Aransas and Ingleside. Tens of thousands of South Texas residents and businesses lost power for days, with the hardest hit areas likely losing power for several weeks. Although there was a significant number of trees, fences and power poles down or damaged in the Corpus Christi Metropolitan area, structural damage was much more isolated. The storm surge from Harvey brought dramatically increased water and tide levels over the Texas Coast. The highest maximum storm tides were observed at the Aransas Wildlife Refuge, where the storm surge levels were more than 12 feet above ground level. Storm surge in Port Lavaca was also more than 10 feet and at least 6 feet in Port Aransas. Elsewhere across South Texas, storm tide levels were from near 3 to 6 feet above ground level at Seadrift, Port O'Connor, Holiday Beach,Copano Bay, Port Aransas,and Bob Hall Pier. After causing deadly and damaging winds and floods to South Texas, and catastrophic, historical, devastating, and life-threatening flooding over Southeast Texas, Harvey finally made its final landfall near Cameron, Louisiana during the overnight hours on Wednesday August 30tH According to the Economic Pulse (Texas A&M University CC/South Texas Economic Development Center) In the Corpus Christi metro area,the cities of Port Aransas,Aransas Pass, Rockport, Ingleside,Sinton,Taft, Portland and Gregory issued mandatory evacuation orders beginning the morning of one day before Harvey's landfall. The City of Corpus Christi issued voluntary evacuation. Other than the public and personal expenditures involved in evacuation, most businesses were closed and industrial facilities like oil refineries were shut down for an average of one week. In this case, the economic impact includes the temporary disruption to the area's economic activity, which can be measured by lost output and wage earnings.This transitory impact is due to a loss of customer base, personnel disruptions, and disruptions to the transportation network and supply chain. As opposed to flood waters in other parts of Texas,wind gusts and storm surge were the primary sources of damage. Strong winds tore off roofs, exterior walls and fences, demolished mobile homes, snapped or uprooted trees, and damaged power lines, business facilities and public infrastructure. In addition to houses and buildings, storm surge caused damage to boats, piers and vehicles. Within two weeks of Harvey's landfall in the Coastal Bend, scientists at Texas A&M University-Corpus Christi began flying Unmanned Aircraft Systems (UAS), commonly known as drones, over the hardest hit areas. The application of UAS technologies, particularly Digital Surface Models, generated more detailed and ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 10 Economic Study Update—TIRZ 2 Corpus Christi,Texas accurate information about damage to individual properties than conventional satellite or aerial images. The surveillance data suggest that the equivalent of 43% of structures were destroyed or uninhabitable in Rockport and other parts of Aransas County. The corresponding share was 26% for Port Aransas. Property damages in other parts of the metro area were relatively modest and scattered. The recovery period will last for years or even decades, depending on how soon capital stock is restored and how fast businesses bounce back to their pre-disaster conditions and take advantage of post-disaster market opportunities. The local economy will reach a new equilibrium in the long run, which could even be above the pre-disaster level. Corpus Christi Damage Assessment (CC Caller Times,Aug. 2017): • Annaville/Calallen:Widespread power outages and tree limbs downed but little property damage • Downtown: Some businesses damaged, letters ripped off Wells Fargo building, downed trees, signs down. • Padre Island:Tree debris in roadways, some sign damage on businesses,fences down, some roof damage. • Northside: little serious property damage, downed trees and power lines. • Ocean Drive/Texas A&M University-CC: Several downed trees blocked lanes on parts of Ocean and in neighborhoods off Ocean and near the university; at least two metal light poles in medians downed; Oso Pier and at least one private pier behind a house washed out; early assessment is minimal damage at the university. • North Beach: Several downed trees in the road. Able to navigate roadways easily. No flooding. Some street signs knocked down. • Flour Bluff: Fences downed, some signs down, some structural damage. • Westside: minimal damage, debris in roadways, downed trees and limbs, damaged fences and business signs. • Southside: minimal property damage, widespread power outages early on, debris in roads, downed trees. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 11 Economic Study Update—TIRZ 2 Corpus Christi,Texas DEMOGRAPHIC TRENDS Corpus Christi MSA The MSA includes Aransas County, Nueces County and San Patricio County. Figure 11: MSA Map West San s4 Refugl r 'Woodsboro A m CQAUL 44 Tc �Kin 121 r Economic Study Update—TIRZ 2 Corpus Christi,Texas Regional Demographics The table below illustrates some recent demographic trends for the Corpus Christi MSA. Demographic data in this report is from PCensus for Mapinfo, which is a reseller of Claritas, Inc. demographic data. According to PCensus estimates,over the past 8 years since the 2010 census,the region has added 32,484 persons (7.5%) and 14,985 households. The region is 60.8% Hispanic. Table 1: Corpus Christi MSA Demographic Overview Population 2023 Projection 486,108 2018 Estimate 460,669 2010 Census 428,185 Growth 2018-2023 5.52% Growth 2010-2018 7.59% Growth 2000-2010 6.18% 2018 Est.Population by Single-Classification Race 460,669 White Alone 81.16% Black or African American Alone 3.65% American Indian and Alaska Native Alone 0.67% Asian Alone 1.94% Native Hawaiian and Other Pacific Islander Alone 0.10% Some Other Race Alone 9.80% Two or More Races 2.68% 2018 Est.Population Hispanic or Latino by Origin 460,669 Not Hispanic or Latino 39.12% Hispanic or Latino 60.88% Households 2023 Projection 182,821 2018 Estimate 172,004 2010 Census 157,019 Growth 2018-2023 6.29% Growth 2010-2018 9.54% Growth 2000-2010 10.90% Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 Economic Study Update—TIRZ 2 Corpus Christi,Texas City of Corpus Christi The City of Corpus Christi has, within the municipal boundaries, almost three fourths of the residents of the region with a current estimated population of 330,925. Population has grown by 8.42% since 2010, compared to 7.59%in the Region. Table 2: City of Corpus Christi Population and Household Trends k, I Corpus Christi Population 2023 Projection 350,127 2018 Estimate 330,925 2010 Census 305,215 2000 Census 277,552 Growth 2018-2023 5.80% Growth 2010-2018 8.42% Growth 2000-2010 9.97% Households 2023 Projection 132,238 2018 Estimate 124,221 2010 Census 112,843 2000 Census 98,922 Growth 2018-2023 6.45% Growth 2010-2018 10.08% Growth 2000-2010 14.07% Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 The table on the following page illustrates the historical and expected future population by age group. The City's growth from 2010 to 2018 has been substantial (25,710 added). The population of the City is getting slightly older with most of the change occurring in the 25 to 34 age group,followed by 65 to 74. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 1.4 Economic Study Update-TIRZ 2 Corpus Christi,Texas Table 3: Population and Age Trends-City of Corpus Christi Total 000 Census 2009 Estimate 2018 Estimate Change 2009- 2009 2018 Total Population 277,454 287,168 330,925 9,714 43,757 Age 0 to 4 21,544 7.8% 22,243 7.8% 22,509 6.80% 699 266 Age 5 to 9 21,592 7.8% 21,518 7.5% 22,439 6.78% -74 921 Age 10 to 14 21,487 7.7% 20,809 7.3% 22,814 6.89% -678 2,005 Age 15 to 17 13,439 4.8% 12,521 4.4% 14,204 4.29% -918 1,683 Age 18 to 20 13,329 4.8% 12,791 4.5% 14,078 1 4.25% -538 1,287 Age 21 to 24 16,058 5.8% 16,567 5.8% 19,030 5.75% 509 2,463 Age 25 to 34 37,792 13.6% 37,792 13.1% 48,243 14.58% 0 10,451 Age 35 to 44 43,275 15.6% 36,898 12.9% 42,844 12.95% -6,377 5,946 Age 45 to 54 36585 13.2% 40,716 14.2% 38,679 11.69% 4,131 -2,037 Age 55 to 64 21,551 7.7% 31,472 10.9% 39,692 11.99% 9,921 1 8,220 Age 65 to 74 16,944 6.1% 17,541 6.1% 27,500 8.31% 597 9,959 Age 75 to 84 10,533 3.8% 11,561 4.0% 13,153 3.97% 1,028 1,592 Age 85 and over 3,325 1.2% 4,739 1.7% 5,740 1.73% 1414 1,001 Age 16 and over 208,504 75.2% 218,504 76.1% 258,508 78.12% 10,000 1 40,004 Age 18 and over 199,392 71.9% 210,077 73.2% 248,959 75.23% 10,685 38,882 Age 21 and over 186,063 67.1% 197,286 68.7% 234,881 70.98% 11,223 37,595 Age 65 and over 30,802 11.1% 33,841 11.8% 46,393 14.02% 3,039 12,552 Median Age 33.2 34.8 35.5 1.6 1 0.7 Average Age 34.7 36.2 37.5 1.5 1.3 Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 Approximately 20.9%of the Corpus Population holds a bachelor's degree or higher; 1%have a Doctorate degree. Table 4: Educational Attainment 2018 Est. Pop Age 25+by Eclu.Attainment 215,85 Less than 9th grade 16,597 Some High School, no diploma 23,619 High School Graduate(or GED) 61,670 Some College, no degree 50,761 Associate Degree 17,981 Bachelor's Degree 29,693 Master's Degree 10,888 Professional School Degree 2,352 Doctorate Degree 2,290 Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 The median household income in the City is $55,063. Approximately 23% of the households earn over $100k per year. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 15 Economic Study Update—TIRZ 2 Corpus Christi,Texas Table 5: Corpus Christi Household Income 2018 Est. Households by HH Income 124,221 % Income<$15,000 15,720 12.65% Income$15,000 to$24,999 13,796 11.11% Income$25,000 to$34,999 11,754 9.46% Income$35,000 to$49,999 16,335 13.15% Income$50,000 to$74,999 22,245 17.91% Income$75,000 to$99,999 16,376 13.18% Income$100,000 to$124,999 10,303 8.29% Income$125,000 to$149,999 6,191 4.98% Income$150,000 to$199,999 6,034 4.86% Income$200,000 to$249,999 2,474 1.99% Income$250,000 to$499,999 2,278 1.83% Income$500,000+ 715 0.58% 2018 Est.Average Household Income $73,029 2018 Est, Median Household Income r $55,063 :::::J Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 Employment Approximately 53%of the Corpus Christi population is employed in white collar jobs. Table 6: City Employment 2018 Est. Civ. Employed Pop 16+by Occupation 156,199 Architect/Engineer 2,299 1.475% Arts/Entertainment/Sports 1,584 1.01% Building Grounds Maintenance 8,224 5.27% Business/Financial Operations 4,875 3.12% Community/Social Services 2,296 1.47% Computer/Mathematical 1,377 0.88% Construction/Extraction 12,396 7.94% Education/Training/Library 8,393 5.37% Farming/Fishing/Forestry 279 0.18% Food Prep/Serving 12,241 7.84% Healthcare Practitioner/Technician 9,084 5.82% Healthcare Support 4,387 2.81% Maintenance Repair 7,293 4.67% Legal 1,373 0.88% Life/Physical/Social Science 789 0.51% Management 12,519 8.01% Office/Admin.Support 19,357 12.39% Production 9,522 6.10% Protective Service 4,383 2.81% Sales/Related 18,294 11.71% Personal Care/Service 5,567 3.56% Transportation/Moving 9,667 6.19% CDS 16 Economic Study Update—TIRZ 2 Corpus Christi,Texas 2018 Est. Pop 16+by Occupation 11111W Classification 156,199 Blue Collar 38,878 24.89% White Collar 82,240 52.65% Service& Farm 35,081 22.46% Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 Population and Employment Forecasts for City of Corpus Christi According to the MPO the next update Table 7: City Population and Employment Forecasts will be the later part of 2019. The principal point of these forecasts is that { Corpus Christi • Study Area they demonstrate long-term growth rates consistent with past trends — Population 361,570 576,182 continued slow to moderate growth. Employment 185,223 258,558 The MPO did extract the population/employment forecast numbers for 2040 for the traffic analysis zones(TAZ)that make up the city of Corpus Christi. This is an estimate as TAZs and do not precisely align with the city boundary. The MPO study area is the full two counties, Nueces and San Patricio, and a small sliver of Aransas county. Source:Corpus Christi Metropolitan Planning Organization,May 2019 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS �T Economic Study Update—TIRZ 2 Corpus Christi,Texas Housing Trends Comparisons The TIRZ includes the largest percentage of renter-occupied units(47.1%)and the shortest average length of residency compared to the City and the MSA. The TIRZ median value is significantly higher at$285,575 and the units are comparatively newer. As shown, the TIRZ as well as the other areas are owner-occupied dominated market. The TIRZ has significantly more multifamily (condos, townhomes) than the City or MSA which is dominated by single family residential. Table 8: Housing Trends MSA • • �M�TIRZ �City 221 �., 4 Owner-Occupied 335 52.83% 74,098 59.65% 108,402 63.02% Renter-Occupied 299 47.17% 50,123 40.35% 63,602 36.98% 010,001 uau 10 Owner-Occupied 5 12 12 Renter-Occupied 3 3 3 335 74,098 108,402 Value Less than$20,000 10 3.07% 1,594 2.15% 3,304 3.05% Value$20,000 to$39,999 2 0.60% 2,556 3.45% 5,454 5.03% Value$40,000 to$59,999 2 0.46% 4,373 5.90% 7,838 7.23% Value$60,000 to$79,999 19 5.68% 6,944 9.37% 10,251 9.46% Value$80,000 to$99,999 13 3.94% 9,239 12.47% 12,178 11.23% Value$100,000 to$149,999 19 5.62% 17,637 23.80% 22,541 20.79% Value$150,000 to$199,999 29 8.69% 13,007 17.55% 18,182 16.77% Value$200,000 to$299,999 73 21.88% 11,013 14.86% 15,765 14.54% Value$300,000 to$399,999 45 13.39% 3,459 4.67% 5,864 5.41% Value$400,000 to$499,999 29 8.77% 1,773 2.39% 2,913 2.69% Value$500,000 to$749,999 45 13.55% 1,435 1.94% 2,286 2.11% Value$750,000 to$999,999 26 7.91% 538 0.73% 944 0.87% Value$1,000,000 to$1,499,999 17 5.00% 241 0.33% 442 0.41% Value$1,500,000 to$1,999,999 4 1.23% 79 0.11% 176 0.16% WValue$2,000,000 or more 1 0.22% 210 0.28% 264 0.24% • a $285,575 $134,241 $132,685 • . ..r.. 1,529 137,078 198,404 1 Unit Attached 20 1.30% 2,692 1.96% 3,302 1.66% 1 Unit Detached 266 17.39% 90,181 65.79% 133,767 67.42% 2 Units 54 3.51% 4,220 3.08% 5,940 2.99% 3 or 4 Units 58 3.77% 10,404 7.59% 12,385 6.24% 5 to 19 Units 415 27.15% 16,732 12.21% 20,148 10.16% 20 to 49 Units 183 11.98% 3,368 2.46% 4,070 2.05% CDS IS, Economic Study Update—TIRZ 2 Carpus Christi,Texas TIRZ#2 City of Corpus Christ! MSA 50 or More Units 475 31.08% 5,888 4.30% 6,726 3.39% Mobile Home or Trailer 38 2.48% 3,224 2.35% 11,346 5.72% 1111 Boat,RV,Van,etc. 21 1.34% 369 0.27% 720 0.36% 50 or More 1 Unit 1 Unit • Units Detached Detached 1,529 137,078 198,404 Housing Units Built 2014 or Later 162 10.59% 9,668 7.05% 13,518 6.81% Housing Units Built 2010 to 2013 57 3.71% 2,103 1.53% 3,114 1.57% Housing Units Built 2000 to 2009 244 15.93% 16,807 12.26% 27,781 14.00% Housing Units Built 1990 to 1999 220 14.40% 14,969 10.92% 22,752 11.47% Housing Units Built 1980 to 1989 595 38.91% 22,481 16.40% 32,461 16.36% Housing Units Built 1970 to 1979 201 13.12% 21,879 15.96% 33,784 17.03% Housing Units Built 1960 to 1969 38 2.49% 16,510 12.04% 23,522 11.86% Housing Units Built 1950 to 1959 9 0.62% 21,252 15.50% 26,260 13.24% Housing Units Built 1940 to 1949 3 0.20% 8,035 5.86% 10,422 5.25% Housing Units Built 1939 or Earlier 0 0.01% 3,374 2.46% 4,790 2.41% 1989 1979 1980 Source: PCensus for Mapinfo The above is an estimate, while the table below is the last confirmed data set in 2010. As shown the estimated 2018 includes 1,529 housing units compared to 1,195 in 2010, a 27.9% increase. The 2018 estimate also shows an increased in owner-occupied units, now at 52.8%over the 44% in 2010. Table 9: 2010 TIRZ#2 Housing Trends 0 • = � 739 105,022 151,812 Units Owner-Occupied 327 44.19% 62,910 59.90% 95,541 62.93% Renter-Occupied 412 55.81% 42,112 40.10% 56,271 37.07% �M 2010 Occupied Housing Units,Average Length of Residence-years Owner-Occupied 8 16 16 Renter-Occupied 5 6 6 • • Estimated All Owner-Occupied 327 62,910 95,541 Housing Units by Value Less than$20,000 0 0.00% 1,380 2.19% 4,058 4.25% $20,000 to$39,999 7 2.07% 3,825 6.08% 8,192 8.57% $40,000 to$59,999 3 0.97% 7,436 11.82% 12,231 12.80% $60,000 to$79,999 16 5.00% 9,407 14.95% 13,073 13.68% --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- c Economic Study Update—TIRZ 2 Corpus Christi,Texas $80,000 to$99,999 23 6.95% 9,021 14.34% 12,081 12.64% $100,000to$149,999 74 22.67% 18,177 28.89% 25,438 26.63% $150,000 to$199,999 59 17.97% 6,050 9.62% 8,824 9.24% $200,000 to$299,999 89 27.15% 4,728 7.52% 7,023 7.35% $300,000 to$399,999 30 9.16% 1,570 2.50% 2,339 2.45% $400,000 to$499,999 13 3.91% 558 0.89% 915 0.96% $500,000 to$749,999 5 1.47% 493 0.78% 842 0.88% $750,000 to$999,999 0 0.03% 140 0.22% 284 0.30% $1,000,000 or more 9 2.63% 125 0.20% 241 0.25% 2010 Estimated Median Owner-Occupied $184,320 $101,062 $96,913 Housing Unit Value 2010 Estimated Housing Units by Units in 1,195 117,077 176,779 Structure 1 Unit Attached 8 0.65% 4,440 3.79% 5,385 3.05% 1 Unit Detached 331 27.68% 76,724 65.53% 117,904 66.70% 2 Units 5 0.41% 2,606 2.23% 4,425 2.50% 3 or 4 Units 29 2.39% 6,708 5.73% 8,789 4.97% 5 to 19 Units 564 47.20% 16,076 13.73% 20,044 11.34% 20 to 49 Units 172 14.36% 2,551 2.18% 3,065 1.73% 50 or More Units 83 6.93% 4,440 3.79% 5,721 3.24% Mobile Home or Trailer 0 0.00% 3,282 2.80% 10,849 6.14% Boat,RV,Van,etc. 5 0.40% 250 0.21% 597 0.34% Dominant structure type 5 to 19 units 1 Unit Detached 1 Unit Detached 2010 Estimated Housing Units by Year 1,195 117,077 176,779 Structure Built 2000 or Later 354 29.66% 12,735 10.88% 21,437 12.13% 1990 to 1999 292 24.41% 12,470 10.65% 21,463 12.14% 1980 to 1989 275 23.02% 21,230 18.13% 31,742 17.96% 1970 to 1979 211 17.67% 19,893 16.99% 31,918 18.06% 1960 to 1969 32 2.71% 16,475 14.07% 24,646 13.94% 1950 to 1959 23 1.88% 20,060 17.13% 25,862 14.63% 1940 to 1949 0 0.00% 9,903 8.46% 13,023 7.37% 1939 or Earlier 8 0.64% 4,311 3.68% 6,688 3.78% 2010 Estimated Median Year Structure 1992 1974 1976 Built" --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- C Economic Study Update—TIRZ 2 Corpus Christi,Texas TIRZ #2 Demographics In the previous 2009 report, only 908 persons resided in the area designated for TIRZ#2 shown below. According to the PCensus estimates, that number has increased to 1,218 as of 2018. Figure 13:TIRZ Street Map View clow. «... ., yj;,,v/ "ca.•.... c.c; l PADRE ,'" •' j ISLES GAAM ` `'•y r01 o LAMMEsAD9tI ., •'k '4 16 COO X., •a�� Y � � d jj [l♦. (JJ Nr'"'L•.r�1wr• .•Q�J�' . CDS 21 Economic Study Update-TIRZ 2 Corpus Christi,Texas The population in TIRZ#2, as illustrated in the table below, has a marked lack of children and overall lack of population under the age of 18. This population makes up only 13.65%of the total population in TIRZ #2, while this group comprises 24.76% of the population of the City of Corpus Christi overall. The TIRZ also has a higher share of persons over age 65. Table 10: Population and Age Trends in TIRZ#2 000 Census 2009 Estimate 2018 Estimate Change Age Group Number Share Number Share Number Share 000 00• 00• 2018 Total Population 908 1,196 1,218 288 22 Age 0 to 4 29 3.2% 34 2.9% 43 3.54% 5 9 Age 5 to 9 22 2.5% 40 3.4% 46 3.75% 18 6 Age 10 to 14 25 2.8% 37 3.1% 44 3.65% 12 7 Age 15 to 17 22 2.5% 17 1.4% 33 2.71% -5 16 Age 18 to 20 30 3.3% 16 1.4% 31 2.53% -14 17 Age 21 to 24 87 9.55% 43 3.6% 51 4.18% -44 8 Age 25 to 34 168 18.5% 209 17.4% 213 17.47% 41 4 Age 35 to 44 139 15.3% 201 16.9% 170 13.99% 62 -31 Age 45 to 54 155 17.0% 214 17.9% 145 11.91% 18 -69 Age 55 to 64 101 11.3% 188 15.7% 195 16.01% 87 7 Age 65 to 74 88 9.7% 107 8.9% 162 13.29% 19 55 Age 75 to 84 39 4.3% 72 6.0% 67 5.53% 33 -5 Age 85 and over 1 0.2% 18 1.5% 18 1.44% 17 0 Age 16 and over 826 91.0% 1,080 90.3% 1,074 88.20% 254 -6 Age 18 and over 808 89.1% 1,068 89.3% 1,052 86.36% 260 -16 Age 21 and over 779 85.8% 1,052 88.0% 1,021 83.83% 273 -31 Age 65 and over 129 14.2% 196 16.4% 247 20.27% 67 51 Median Age 40.3 45.0 43.7 4.7 -1.3 Average Age 41.1 44.7 44.1 3.7 -.06 Source: PCensus for Mapinfo,Tetrad Computer Applications,2009;2018 The table on the following page illustrates household characteristics for TIRZ#2 compared with the City of Corpus Christi. The overwhelming majority of households in the TIRZ district being one-person and two-person households further illustrates of the lack of children in the TIRZ. In fact,the share of 3 and 4-person households in the City of Corpus Christi greatly exceeds households in the TIRZ. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 22. Economic Study Update-TIRZ 2 Corpus Christi,Texas Table 11:TIRZ#2 Household Characteristics TI RZ#2 City of Corpus Households Household Size Count I Share Count Share Households 634 124,221 1 person 255 40.27% 32,997 26.56% 2 persons 260 40.95% 38,377 30.89% 3 persons 61 9.66% 21,553 17.35% 4 or more persons 57 9.13% 31,294 25.200o Average HH Size 1.92 2.61 Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 TIRZ Employment There are 624 employees in the TIRZ, 68.7%are white collar workers. The largest cohort of workers are employed in Management followed by Sales/Related. Table 12:TIRZ Employment 2018 Est. Civ. Employed Pop 16+by Architect/Engineer 6 0.94% Arts/Entertainment/Sports 4 0.58% Building Grounds Maintenance 54 8.73% Business/Financial Operations 19 3.12% Community/Social Services 3 0.51% Computer/Mathematical 24 3.87% Construction/Extraction 39 6.29% Education/Training/Library 66 10.54% Farming/Fishing/Forestry 1 0.13% Food Prep/Serving 14 2.29% Healthcare Practitioner/Technician 51 8.17% Healthcare Support 27 4.28% Maintenance Repair 12 1.90% Legal 21 3.42% Life/Physical/Social Science 12 1.88% Management 90 14.37% Office/Admin.Support 55 8.85% Production 5 0.80% Protective Service 5 0.85% Sales/Related 78 12.56% Personal Care/Service 4 0.70% Transportation/Moving 33 5.24% Blue Collar 89 14.24% White Collar 429 68.78% Service& Farm 106 16.98% -------------------------------------------------------------------------------------------------------------------------------------- 2.3 Economic Study Update-TIRZ 2 Corpus Christi,Texas Household Income These tables illustrate the household income characteristics of the area in the TIRZ district and the City of Corpus Christi. According to the PCensus estimates, household incomes in the TIRZ area are significantly greater than the amount as the city as a whole. This may be due to the increasing number of affluent retirees living in the TI RZ. Table 13: Household Income Distribution TIRZ#2 vs. Corpus Christi 111 AI' 1 Share Count Count TIRZ#2 Count Share Share Total Households 521 677 634 Less than $15,000 86 16.6% 109 16.1% 17 2.67% $15,000 to$24,999 51 9.7% 70 10.3% 26 4.18% $25,000 to$34,999 78 15.1% 91 13.5% 49 7.68% $35,000 to$49,999 97 18.7% 129 19.1% 64 10.17% $50,000 to$74,999 102 19.5% 125 18.5% 176 27.79% $75,000 to$99,999 55 10.6% 75 11.1% 88 13.83% $100,000 to$149,999 24 4.7% 39 5.8% 68 10.6% $150,000 to$244,999 21 1 4.1% 30 4.5% 99 1 15.5% $250,000 to$499,999 6 1.1% 7 1.0% 35 5.54% $500,000 or more 1 0.2% 1 0.2% 12 1.95% CORPUS CHRISTI Total Households 98,779 104,275 124,221 Less than $15,000 19,524 19.8% 17,241 16.5% 15,720 12.65% $15,000 to$24,999 14,684 14.9% 13,290 12.8% 13,796 11.11% $25,000 to$34,999 13,319 13.5% 12,869 12.3% 11,754 9.46% $35,000 to$49,999 16,639 16.8% 16,429 15.8% 16,335 13.15% $50,000 to$74,999 17,987 18.2% 19,825 19.0% 22,245 17.91% $75,000 to$99,999 8,734 8.8% 11,007 10.6% 16,376 13.18% $100,000 to$149,999 5,159 5.2% 9,302 8.9% 16,494 2.41% $150,000 to$244,999 1,873 1.9% 2,831 2.7% 8,508 6.85% $250,000 to$499,999 614 0.6% 1,039 1.0% 2,278 1.83% $500,000 or more 246 0.3% 442 0.4% 715 0.58% Source: PCensus for Mapinfo,Tetrad Computer Applications,2018 Economic Study Update—TIRZ 2 Corpus Christi,Texas This table includes a comparison of average and median household income for the two geographies. The TIRZ average household income has increased 57%over the last 18 years while the City of Corpus Christi income increased only 18.9%over the same time period. Table 14:TIRZ#2 vs. Corpus Christi Incomes Measure Geography 000 00• 2018 Average household income TIRZ#2 $69,976 $57,359 $109,927 City of Corpus Christi $61,407 $57,050 $73,029 Median household income TIRZ#2 $53,460 $42,983 $72,760 City of Corpus Christi $46,734 $42,978 $55,063 Source: PCensus for Mapinfo,Tetrad Computer Applications Economic Study Update—TIRZ 2 Corpus Christi,Texas REAL ESTATE MARKET OVERVIEW Corpus Christi MSA Single Family Residential Home sales and prices in the MSA have increased significantly since 2009 (the last TIRZ update). At 2017, there were 5,197 home sales with an average price of$219,516 compared to 3,763 sales in 2009 with an average price of$161,655. The prices have increased 35.7%over the past eighteen years. Figure 14: MSA Home Sales and Average Price 320k 4.5 k 240k v —�� 3k 160k - n i;4 1.5k 80k 0 _p0 -. • CC..CCI,.00 +],::J CC ,.;C,•,.J,`•a�,�.J'� •' ♦ • ♦ 'tiJ l` L l ti ff L v L - 'ti L L L Sales f Average Price Source:Texas A&M Real Estate Center • At 3Q2018,the MSA sales volume increased 21.2%to 1,537 transactions. • Median price increased 6.5%year-over-year to $199,700. • 2018 Q3 months inventory for all residential properties fell 7.3%year-over-year to 5.7 months. • Metro area residential property listings decreased 2.6%year-over year to 2,581 active listings. Multi-family According to Costar, December 2018,the MSA multifamily market includes 34,972 apartment units. The vacancy rate is 9.6%. There are 543 units under construction. Rents are fairly strong with positive absorption (on average over the past 5 years, 523 units absorbed annually). Figure 15 on the following page illustrates the trends. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 26 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 15: MSA Multifamily Trends Leasing Units Survey 5-Year Avg Inventory in Units Survey S-Year Avg Vacant Units 3.287 2,682 Existing Units 34,972 32.1701 Vacancy Rate 9.6 l3 8.4% 12 Mo_ Const.Starts 332 841 12 Mo.Absorption Units 745 523 U n d er C onstru ctio n 543 1.399 12 Mo. Deliveries 631 859 Rents Survey 5-Year Avg 'Sales Past Year 5-Year Avg Studio Asking Rent $882 5856 Sale Price Per Unit 5124,264 $867919 1 Bed Asking Rent $839 S804 Asking Price Per Unit 584,972 $43,507 2 Bed Asking Rent $996 5954 Sales Volume{Mil.} $155 $94 3+Bed Asking Rent $1,105 51,051 Cap Rate 7.1% 7.6% Concessions 2.5% 1.9% Vacancy Rate Asking Rent Per SF 12% $1 15 10% $110 8% $1.05 6% 4% $1.00 2% $095 U 15 16 17 18 u 15 16 17 18 Absorption Units 1 500 1.000 500 0 -500 13 14 15 ie Source:Costar,December 2018 Retail The MSA includes 27,164,684 square feet of retail space. The vacancy rate is low at 2.9%with rents at $13.25psf. There is 68,566 square feet under construction. Absorption has been positive with 265,349sf on average over the past five years as shown in Figure 16. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 16: MSA Retail Trends Vacancy Rate NNN Asking Rent Per SF 6% 5% 4% $13 3 $12 2% 1 % $11 14 15 16 17 18 14 15 16 17 18 Net Absorption 4N LL c� T- 200- 200 i 13 14 15 16 17 18 Source:Costar,December 2018 Office The MSA office market includes 11,115,241 square feet in 861 buildings. The vacancy rate is 7.7% with rents at$13.50psf. There is 50,OOOsf under construction. Absorption has been negative over the past 12 months (-134,099) but positive over the past five years (66,060). ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS `'.`" Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 17: MSA Office Trends Vacancy Rate Gross Asking Rent Per SF 10% $17 $16 s% $15 6% $14 4% $13 14 15 16 17 18 14 15 16 17 18 Net Absorption 400 200 r 0 -200 13 14 15 16 17 18 Source:Costar,December 2018 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 29 Economic Study Update—TIRZ 2 Corpus Christi,Texas Corpus Christi Overall Corpus Christi enjoyed strong economic growth from 2010-2014,thanks to the energy industry.Oil prices have fallen since then, bruising the economy.With the addition of about 5,300 jobs from 16Q4-17Q4,the unemployment rate has improved to 5.2%, from 6.2%at year-end 2016. Plus, median household income and population gains, while still growing, slowed down significantly, according to the latest report from the Texas A&M Real Estate Center. Single Family Residential Figure 18: Median Home Price Trends At 3Q2018, median price in the Comparative Metro Area Median Price Corpus Christi metro increased by s240.000i approximately 6.5% year-over- year, from $188,000 to $199,700 s220.oco _ (Figure 18). Metro area price lagged the statewide median price of$235,000 by$35,300. slso.000 Metro area months inventory 2018 2017 2018 (number of homes available) Metro Name -Corpus Christi-Texas decreased year-over-year from 6.12 to 5.68 months (Figure 19). Source:Texas A&M Real State Center Homes between$150k and$200k fell year-over-year, from 4.79 to 4.1 months, while homes between $200k and $250k fell year-over-year, from 6.61 to 5.14 months and homes between $100k and $150k fell year-over- year, from 4.03 to 3.44 months. Figure 19: Corpus Inventory by Price Range rvltF 7o Area Nlordhl Ir,venkt ,y if Three Most Active Price Ranges $100k c$157k $150k<$200k 32CCk 32C;Ck R { q 2416 2416 2016 201a 2C H3 2016 Source:Texas A&M Real State Center CDS 30 Econonii c Study Update--x RZ 2 Corpus ChirnsV, Texas Average days to sell throughout the metro area fell from 122 to 111 days, a decrease of 9% year-over- year. Average days to sell for homes between $150k and $200k decreased by approximately 9.2%year- over-year,from 109 to 99 days as shown on Figure 20. Figure 20: Corpus Days to Sell Metro Area Days to Sell 134 22 123 3 94 92 32 74 39 39 30 l? ;7 .i - - 2,3,7 C4 :318 t?' - -- - Source:Texas A&M Real Estate Center,2018 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 31 Economic Study Update—TIRZ 2 Corpus Christi,Texas Multifamily Multifamily vacancies reached their cyclical high earlier in 2017, about 400 basis points above the historical average due to the overall economic climate. More recently, Hurricane Harvey and the subsequent increase in demand for rental housing have improved fundamentals. Residents displaced by flooding and damage to both single-family and multifamily housing units have turned to apartments. In turn, rent growth one month after the storm was significant and nearly erased all of 2016's losses, and vacancies have fallen four percentage points since reaching a peak last year (Figure 21). Figure 21: Multifamily Trends ABSORPTION,NET DELIVERIES&VACANCY 704 'Forecast 13 % 600 ; 12% 540 i 11 % 73 400 i 10 % w 304 ' 9 % _ r v � 200 8 % 1 104 � 7 % 0 • .�. ��■r•urrr�.r r. 6 % -100 ; 5 % -204 14 % 2013 2014 2015 2016 2017 2015 2019 2020 2021 2022 ff Absorption E Net Demes Vacancy Unded Stales Vacancy Source:Costar Currently the Corpus Christi Multifamily market includes 29,757 units. Vacancy is at 8.7%. The past 12 months have shown a positive absorption of 662 units (427 per yr on average over the past 5 years). At around $960/month, rents in Corpus Christi are relatively affordable. Median household incomes here are about $50,000, meaning that average rents will absorb about 20% of income (more than 30% is considered hardship). While rent growth continuously outpaced the national average earlier this cycle, gains have slowed recently,and even fell during 2017.With hurricane rebuilding efforts well on their way, occupancies have increased, giving landlords more pricing power as of late. Rents are up nearly 2.5% as of mid-September(2018). ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 32. Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 22: Multifamily Rent Trends DAILY ASKING RENT PER SF $1.13 51.12 $1.11 51.10 $1.09 s1-0a $1.07 s1.05 $1.05 $1.04 2015 2016 2017 2018 ■ Carpus creast, MARKET RENT PER UNIT& RENT GROWTH $1,600 l Farecast 6% $1,500 5% $1,400 i 4% $1,300 F 3% � c J $1,200 2% $1,100 �_ 1 %$1,000 m 0% $900 + -1 % a $800 ; -2% $700 4 3% 2413 2614 2015 2016 2017 2018 2019 2020 2021 2022 a Markel Rent Growth Y,Y 0 M"et Renl Per Unit ■ Effective Rent Per Ur,• United Stales Ma,rl(et Rent Per Unit Source:Costar As in most markets in Texas, developers have been active - inventory has expanded by nearly 10% since 2015. Construction has slowed dramatically, with fewer than 300 units underway as of mid-September. Lease up has been strong of late,with projects like the 4-Star 288-unit Vantage at Corpus Christi. Featuring amenities such as a clubhouse, pool, and full-sized fitness center,the Vantage has been leasing about 30 units per month, though that's certainly helped by people moving to temporary housing thanks to Hurricane Harvey. Another project not included with the Costar data will be the just-announced (as of March 2019) 286-unit Ariza Corpus Christi, on Cimarron Boulevard just northeast of Yorktown Boulevard. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS33 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 23: Units Under Construction Under Construction Properties • r . �I I Properties Units Percent of Inventory Avg. No.Units 5 483 1 .7% 97 UNDER CONSTRUCTION PROPERTIES r r '''Vm4r.4mw'hcln Property NimeiAddress Rating unfits Storues Start. Complete DeveropertOwner 7 Marquis at Calallen 228 3 Nov-2017 Jan-2019 ** Realtex Development Corporation 3505 FM 1889 Realtex Development Corporation 2 Manhattan Apartrnents-.,. George Mostaghasi 7001 Lipes Blvd * ** 108 Jan-2016 Jan-2019 George Mostaghasi 3 Northshore Place Apart... * 96 3 May-2017 Jan-2019 Silverfn Land Development LLC 117 Northshore Blvd Silverhn Land Development LLC 4 Studio 44 Apartments Stonewater Properties Inc 817 N Carancahua St * *** 4d 4 Mar-2'018 Jan-2019 Stonewater Properties Inc 5 The Fountains 7 Nov-2016 Jan-2019 - 3201 Eleventh St * Erol R Hanmore Note: Above list does not include Ariza Corpus Christi,Cimarron Blvd.,286 units. CDS 34 Economic Study Update—TIRZ 2 Corpus Christi,Texas Retail Similar to those in other smaller Texas metros, Corpus Christi's retail market is on firm footing. Even through the oil-driven downturn of the last few years, vacancies continued to compress and hit cyclical lows in 2017. But despite occupancies near 97%, rent growth has remained tepid at best, and rents have only recently recovered from the downturn.While very little has come to market here in recent years,the 325,000 SF Outlets at Corpus Christi Bay opened in 17Q1, marking the first major delivery since 2011. Figure 24: Corpus Christi Retail Overview 12 Mo Deliveries in SF 12 Mo Net Absorption in SF Vacancy Rate 12 Mo Rent Growth 158 K 178 K 2.9% 0.5% KEY INDICATORS Current quarter RHA Vacancy Rate Asking Rent Availability Rate Net Absorption DeliveriesSIF UnderS F Currstnrctic>.r Malls 2.391.596 0% $1525 0% 0 0 0 Power Center 354,751 0% $15.16 0% 0 0 0 Neighborhood Canker 4,563,237 5.2% 514.52 6.3% 18,971 0 0 SYdp Center 2,214,594 4.0% 514.51 3.8% (7 593:: 0 0 General Retail 17,335,255 2.7% $12.62 3.6% (41,904) 0 68,566 Ocher 293,978 0.5% $15.40 1.2% (1400; 0 0 Market 27,153,719 2.9% $13.73 3.71 (31,926) 0 68,566 Annual Trends 12 Month Historical Fnrecast peak When Trough When A,Er3ge Average Vacancy Change(YGY) -0.5% 5 51�k 2.2% 8.0% 2007 Q4 2.8% 2018 Q3 Net Absorption SF 176 K ^_S•".C`4 172 815 717,632 20111 Q4 (264,194; 2009 Q3 Deliveries SF 158 K e.12C 124,840 661,349 201104 66,720 201301 Rent Grawlh 0.5% `k 1.3?1. 2.6% "016 03 -3.1% 2010 Q1 Sales Volume $101 r•, _3=3r-1 ILA $126.3M CCS Q4 $1.7h1 2011 04 Source:Costar Vacancies in Corpus Christi are tight, and net absorption has outpaced new deliveries every year this cycle despite 2017's tight race. This is especially true for malls and power centers, where vacant space is virtually nonexistent. Vacancies in neighborhood centers are higher, at about 5%. As for submarkets, Portland/Ingleside has maintained the highest vacancies, at above 6%as of December,while vacancies in the CBD were around 2%. The Island is not segregated in Costar but combined with Corpus overall. Figure 25 illustrates the net absorption, deliveries, and vacancies over the past five years and forecasts going forward. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 35 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 25: Retail Forecasts NET ABSORPTION,NET DELIVERIES&VACANCY 500 7% ;Forecast 1 1 U. 400 i 6% N 1 1 300 i 5% o j 200 4% y i _ t 100 3% ri 0 2% o ' � 1 -100 1 % -200 10% 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 ■ Net Absorption ■ Net Deliveries IN Vacancy United States Vacancy Retail rents in Corpus Christi are among the lowest in Texas. At roughly$13/SF, rents here are lower than those in EI Paso, McAllen, and Lubbock, and roughly in line with Beaumont's. Even though occupancies in Corpus are close to record highs, rent growth has lagged and rents are still only slightly above prerecession levels at about 400 basis points. The highest rents in the metro are in the South Side Submarket, which boasts average rents of more than $17/SF. Figure 26: Market Rent Growth 6 % Forecast 4 % ' t r 2 % 096 � -2 % 1 r 1 -4 % -$ 96 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 ■ Malls ■ Neighborhood Center ■ General Retail 0 Other 0 Corpus Christi ■ United Stales 0 Paw^er Center Stnp Center CDS 36 Economic Study Update--7R2 2 Copus Cilrnstii, Texas Corpus Christi has about 25 million SF of retail space, of which only about 2.5 million SF is part of a mall and roughly three million SF part of a neighborhood center.The metro has about 55 SF of retail per person, which is above the national average of 47 SF. Corpus' retail includes 21,187,093 square feet in 1,876 existing buildings. The vacancy rate is low at 2.4% with overall rents at$12.28 psf(NNN, not gross)— Figure 27. Over the past 5 years absorption has been positive at 161,946sf on average (Figure 28). Figure 27: Corpus Retail Trends Vacancy Rate FINN Asking Rent Per SF 6% $14 5% 4% $13 3% 2% V—\1 1 % $12 14 15 16 17 18 14 15 16 17 Source:Costar Figure 28:Absorption and Leasing Demand Survey 5-'Year Avg 12 i,'o Abstrl7#lien ;SF 11.) 12 I;'o Leasin c SF . .J ?' 3 From 2012-16, less than 500,000 SF of retail space came to market, representing less than 2% of the metro's total RBA. However, construction has picked up as of late, mostly due to this year's delivery of the first phase of the Outlets at Corpus Christi Bay (450,000 SF). That $70 million development, roughly 20 miles west of the city's center in Robstown, will add more than 150,000 SF in future phases scheduled to complete in 2019. Figure 29: Retail Under Construction Under Construction Properties Properties Square Feet Percent of Inventory Preleased 5 585566 0.3% 84.0 % CDS 37 Economic Study Update—TIRZ 2 Corpus Christi,Texas UNDER CONSTRUCTION PROPERTIES • waeMt<.+o ,. e•,•:;,as ,r E a• UNDER CONSTRUCTION Property NamelAddress Rating Bldg SF Stories Hart Complete Developer'Dwner 1 CarMax - 7242 S Padre Island Dr * * 25.000 1 Ju ti 2013 Jan-2019 Carhdax 2 Access Lincoln of Corpu,.. - 3680 N Highvfay 77 15.000 1 Feb 2018 Jan-2019 Lithia Molars. Inc. 3 2051 Rodd Field Rd. 2051 Rodd Field Rd 11.000 1 Sep-2018 Aug-2019 4 16402 S Padre Island Dr I� 10,566 1 Jan-2018 Jan-a019 5 5409 Ayers St 7,000 1 Jan-2018 Jan-2019 Dunridge LLC Source:Costar CDS 38 Economic Study Update-TIRZ 2 Corpus Christi,Texas Corpus Christi and TIRZ Consumer Buying Power A critical factor in consideration for commercial retail development is the Table 15: Household Effective Buying Income buying power of the market area that Corpus Christi a potential development site is Nu %of Total located in. Buying income can be �" MI measured by the level of disposable or Total Households 124,221 expendable income from consumers EBI Less than$15,000 16,348M13.16%in a market area. EBI$15,000 to$24,999 14,866EBI$25,000 to$34,999 14,216 The City's effective buying income of EBI$35,000 to$49,999 20,084 16.17% $60,804, Table 15, on average per EBI$50,000 to$74,999 25,118 20.220o household is considered low EBI$75,000 to$99,999 17,426 14.03% compared to the TIRZ Effective Buying EBI$100,000 to$124,999 6,750 5.43% Income (EBI) at$91,194. EBI$125,000 to$149,999 3,856 3.10% EBI$150,000 to$199,999 2,724 2.19% EBI$200,000 to$249,999 628 0.51% EBI$250,000 to$499,999 1,740 1.400 EBI$500,000 or more 465 0.370 2017 Average Effective Buying Income $60,804 Source: US Census,American Community Survey,PCensus TIRZ 2 t'elgory Number %of Total Total Households 634 EBI Less than$15,000 18 2.77% EBI$15,000 to$24,999 32 4.99% EBI$25,000 to$34,999 53 8.42% EBI$35,000 to$49,999 137 21.66% EBI$50,000 to$74,999 151 23.78% EBI$75,000 to$99,999 75 11.89% EBI$100,000 to$124,999 43 6.78% EBI$125,000 to$149,999 38 6.06% EBI$150,000 to$199,999 41 6.41% EBI$200,000 to$249,999 10 1.60% EBI$250,000 to$499,999 27 4.340 EBI$500,000 or more 8 1.300 2017 Average Effective Buying Income $91,194 Source: US Census,American Community Survey,PCensus --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 39 Economic Study Update—TIRZ 2 Corpus Christi,Texas Corpus Christi Retail Sales Trends 2017 appears to be the most profitable for the city, reaching levels above 2015. Some of this can be attributed to Hurricane Harvey repairs/rebuild. Quarter 1 and 2 of 2018 are all the data available currently. Table 16:Actual Retail Sales in Corpus Christi,2015 to Q2 2018 a • • 11 ........................ r 74! Motor Vehicle& Parts Dealers $1,250,340,179 $1,252,776,262 $1,179,506,932 $604,053,655 niture& Home Furnishings 163,562,245 140,574,104 147,341,137 78,627,548 443 Eectronics and Appliance Stores 102,975,649 92,869,019 100,284,462 50,154,177 444 Building Material&Garden Equipment 515,278,648 480,360,135 523,803,507 293,157,202 445 Food& Beverage Stores 904,154,233 907,876,591 951,087,357 505,623,498 446 Health& Personal Care Stores 255,964,112 269,462,043 248,485,263 114,243,904 447 Gasoline Stations 274,423,492 277,772,476 295,519,393 102,715,827 448 Clothing&Clothing Accessories 242,449,324 229,211,833 220,950,344 107,878,776 451 Sporting Goods, Hobby, Book, & Music 164,207,896 152,419,969 142,014,047 67,364,092 452 General Merchandise 841,873,499 823,604,645 835,623,522 409,387,887 453 Miscellaneous Store Retailers 213,816,171 181,073,542 190,065,188 99,630,233 454 Non Store Retailers 112,575,122 41,915,815 254,726,942 124,975,410 721 Accommodations 26,726,741 23,976,444 30,079,999 16,410,255 722 Drinking and Eating Places 815,821,353 767,547,816 786,884,938 415,623,894 Grand Total $5,884,168,664 $5,641,440,694 $5,906,373,031 l $2,989,846,358 Source:Texas Comptroller of Public Accounts for 2015-2018 Retail Surplus/Leakage Comparing 2017 actual sales(2018 not a complete year)to projected expenditures there is a surplus in all categories. The aggregate expenditure estimates for the City are lower in every category. This indicates that residents outside the City are shopping inside the City for these items.The category representing the highest surplus is Food and Beverage Stores which includes grocery stores. There are several large grocers in the City. There appears to be no leakage(consumers are not going out of Corpus to shop)in this market. Table 17: Comparison of Actual Sales with Expected Household Expenditures for Corpus Christi CATEGORYTotal Actual Sales Expenditures Surplus or BUSINESS • 2017 Demand (Leakage) Motor Vehicle& Parts(441) $1,179,506,932 $578,065,782 $601,441,150 Furniture and Home Furnishings Stores(442) $147,341,137 $33,263,259 $114,077,878 Food and Beverage Stores(445) $951,087,357 $343,745,931 $607,341,426 Health and Personal Care Stores(446) $248,485,263 $162,139,891 $86,345,372 Clothing and Clothing Accessories Stores(448) $220,950,344 $40,056,498 $180,893,846 Sporting Goods, Hobby, Book,and Music Stores(451) $142,014,047 $29,436,896 $112,577,151 General Merchandise Stores(452) $835,623,522 $364,662,817 $470,960,705 Accommodations(721) $30,079,999 $11,209,595 $18,870,404 Food Services and Drinking Places(722) $786,884,938 $590,499,051 $196,385,887 Source:Texas Comptroller of Public Accounts 2018,PCensus CDS 40 Eco nonii c Study Update--7 RZ 2 Corpus Christi,Texas Office Unlike fellow Gulf Coast energy market's Houston and Beaumont, Corpus Christi's office market has held up relatively well through the oil bust. While Corpus Christi's economy and job market took a big hit in 2015-16, office occupancies remained resilient and rent growth was robust. In terms of fundamentals, the immediate outlook is strong, since job growth is back positive, and the rebuilding efforts post-Harvey are on track, with little in the immediate construction pipeline. While rent growth has slowed, there's room for optimism, as occupancies are approaching cycle-highs. Figure 30: Corpus Christi Office Over0ewv Overview � r i •• 12 MD Deliveries in SF 12 Mo Net Absorption in SF Vacancy Rate 12 Mo Rent Growth 12 K 21 .9 K 7.6% 2.8% KEY INDICATORS Current Quarter RBA Vacancy Rate Gross Asking Availability Rate Net Absorption Deliveries SF Under Rent SF Construction 4&5 Star 2.115,086 9.4% S21.12 9.4% 8,372 0 0 3 Star 4.394,030 9.7% 517.19 13.0% (115.130) 0 50,000 1&2 Star 4.650,653 4.9% S15.33 6.3% 93.788 0 0 Market 11,159,769 7.6% $17.16 9.5% (12,970) 0 50,000 Annual Trends 72 Month Historical Forecast peak When Trough When Average Average Vacancy Change(r'OY) -0.3'..; 3.9% 6.9% 10.7% 2007 Q2 6.7% 201702 Net Absorption SF 21.9 K 57,886 82,019 360,774 2017 Q2 '156,028) 2011 Q2 Deliveries SF 12 K 50,576 52,536 228,340 2017 Q2 4,400 201504 Rent GrovAh 2.8% 1.5% 1.4% 7.2% 2015 Q2 -5.2 2010 Q1 Source:Costar Large blocks of space are virtually nonexistent in Corpus Christi. As of December, 2018 there are only two contiguous spaces 25,000 SF or larger, and fewer than 10 spaces larger than 10,000 SF. Therefore, most office tenants seeking large blocks of space tend to opt for build-to-suits. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 41. Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 31: Corpus Christi Office Trends and Forecasts NET ABSORPTION,NET DELIVERIES&VACANCY 500 Fort"St 13 % Y 400 12% Y ry 300 ; 11 % i Y 200 ; 10% 100 i 9 % w Y � Y 0 8 % -100 7 % u_ Y Y -200 6 % Y -300 Y 596 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 0 Not Abwrplrpn a Net aelmenes ■ Vwamy united stales vacanc'; Corpus Christi is a small office market, with only about 11 million SF of office RBA. About 18% of the metro's inventory is considered 4 & 5 Star space, while the remainder is evenly divided between 3 Star and 1 & 2 Star assets. More than 40% of the metro's inventory is located in the CBD and almost all of Corpus's 4& 5 Star stock is in the CBD as well. With 696 buildings and 10,381,287 square feet of office space Corpus has a vacancy rate of 7.6%. Gross rent on average is $13.62psf. The 12-month absorption was negative at (121,419sf) however,the 5-year average was a positive 58,548 annually. Figure 32: Corpus Christi Office Trends Vacancy Rate Gross Asking Rent Per SF 10% $17 9% $16 8% $15 7 g6 6% $14 5% $13 14 15 16 17 18 14 15 16 17 18 Uerriand Survey 5-Y Avg 12 Mo_ Absorption SF -121,419 58,548 12 Mo_ Leasing SF 282,112 306,086 CDS 42 Economic Study Update—TIRZ 2 Corpus Christi,Texas There is 50,000sf under construction in two buildings. The buildings are 100%pre-leased. Figure 33: Office Under Construction UNDER CONSTRUCTION PROPERTIES m' ti r i p lWdd{;cMMpiiiiAMh UNDER CONSTRUCTION Property NameMeldress Rating Bldg SF stories Start Complete DevelopeFMvmer 1 501 S Shoreline Blvd * � * 40,440 Mar-2418 Apr-2019 2 S Staples St ** 10,440 1 Mar-2018 Jan-2019 Golden Real Estate 8 Oonstructia... CDS 43 Economic Study Update-TIRZ 2 Corpus Christi,Texas Island Markets a Island Residential In 2009, The Corpus Christi Association of realtors provided CDS I Spillette with data from the Multiple Listing Service (MLS) for 2007 through year to date 2009 for North Padre Island (both TIRZ and non-TIRZ areas). Table 18: Median Home Sale Prices North Padre Island Median Closing Price The data, as presented in the table to the left show 2007 $231,000 that the median closing prices for the time period 2008 $232,500 $1,500 indicated a significant shift in pricing for 2009. 2009 YTD $192,500 -$40,000 Source: Corpus Christi Association of Realtors At 2018, local realtors from Coastline Properties, Coldwell Banker, and Padre Escapes along with local appraiser Rick Sowash provided data on the North Padre real estate market to CDS. Interior SFR have shown the most appreciation over the past ten years at 32.9%,followed by Water SFR at 28.4%. Table 19: Island Residential Sales La r 11 Interior SIFIR Water SIFIR Interior .. Condo/Townhome Avg Price #Sold DOM Avg Price #Sold DOM Avg Price #Sold DOM Avg Price #Sold DOM 2009 $197,000 77 31 $344,923 73 138 $146,328 46 93 $162,265 51 184 2010 $185,196 91 84 $347,461 109 164 $116,227 35 154 $159,006 58 140 2011 $186,260 86 96 $352,965 113 144 $120,026 27 81 $135,745 56 169 2012 $186,286 118 91 $370,500 115 143 $156,551 88 100 $159,333 77 188 2013 $215,451 128 147 $397,758 136 152 $152,700 26 127 $169,951 95 143 2014 $220,374 126 120 $440,169 130 129 $165,294 27 248 $179,918 85 152 2015 $252,305 104 119 $425,113 104 129 $146,389 22 176 $187,222 64 139 2016 $246,177 144 99 $446,713 138 162 $191,713 71 154 $196,469 36 165 L2017 $258,633 147 128 $440,527 134 137 $170,707 39 153 $198,246 81 199 2018 $261,802 180 110 $442,789 121 119 $174,845 50 180 $203,171 89 219 Sources:Coastline Properties,Coldwell Banker,and Padre Escapes Eco non ii c Study Update--7 RZ 2 Corpus Christi,Texas ultifamily Figure 34: Island Multifamily Trends 2014-2018 There are 272 multifamily rental units on the island. Vacancy is at 7.1%. Vacancy Rate There are no Class A units in this 10 % market. The newest property was constructed in 2008, over ten years ago according to Costar. Vacancy has been steadily increasing from 2015 to 2017. Recently, �---- vacancy has decreased somewhat. Absorption has been fairly negative on the island over the past four years. 1.l 1� 10 17 18 Absorption Units 10 5 0 -5 -10 13 14 15 16 17 18 Source:Costar CDS 45 Economic Study Update—TIRZ 2 Corpus Christi,Texas Table 20: Island Multifamily Supply Building Number Building Address Building Name Class Of 15301-A-15301-C Bonasse Ct C 3 0 2002 15302-101-15302-106 Bonasse Ct C 6 0 1985 15305 Bonasse Ct g 4 0 2003 15305-A-15305-B Bonasse Ct C 2 2002 15306-201-15306-204 Bonasse Ct C 4 0 15309-A-15309-C Bonasse Ct C 3 0 2001 15310-A-15310-D Bonasse Ct C 4 02005 15313-A-15313-D Bonasse Ct g 4 0 2001 15314-A-15314-C Bonasse Ct g 3 0 2005 15317-1601-15317-1606 Bonasse Ct g 2 0 1999 15318-A-15318-D Bonasse Ct g 8 12.5 1992 15322-601-15322-604 Bonasse Ct g 4 0 15325-A-15325-D Bonasse Ct g 4 0 15325-E-15325-H Bonasse Ct g 4 0 2001 15326-701-15236-704 Bonasse Ct g 4 0 15330-801-15330-804 Bonasse Ct g 4 0 15334-900-15330-1005 Bonasse Ct g 10 10 15337-1101-15337-1203 Bonasse Ct g 6 16.67 14418-101-14418-203 Cabana Shuffleboard Condominiums C 6 0 1985 14142 E Cabana C 13 15.38 1983 14414 E Cabana St C 2 0 14130-101-14130-106 Cabana East St g 6 16.67 14137-1-14137-4 Cabana East St g 4 0 14142-1-14142-4 Cabana East St g 13 7.69 1983 14402-A-14402-F Cabana East St g 6 16.67 1992 14406-1-14406-6 Cabana East St g 6 16.67 1979 14409-1-14409-4 Cabana East St g 4 0 1998 14502-101-14502-203 Cabana East St g 6 16.67 14401 Commodores Dr Fairway Villas g 8 12.5 14427-A-1-14427-B-18 Compass St C 18 11.11 14435-A-14435-F Compass St g 6 14439-1-14439-13 Compass St g 14 7.14 15409 Fortuna Bay Dr g 18 11.11 1998 15125 Leeward Dr Lake Shore Villas g 16 6.25 15300 Leeward Dr g 16 6.25 14300 S Padre Island Dr g 20 10 14213 Sand Dollar Ave C 1 1966 15422 Seamount Cay Ct La Joya de la Costa g 13 0 CDS 46 Economic Study Update—TIRZ 2 Corpus Christi,Texas Building Number Vacancy Year Building Address Building Name Class � Of Units % Built 15217 Windward Dr g 2008 TOTAL/AVERAGES 275 5.52 1994 Although not reported by Costar, Island realtors have indicated that 200 units are planned on the island by an undisclosed developer. Retail There are 56 retail/commercial buildings on the island with a total of 341,481 square feet. The vacancy rate is 2.5%with rents at $21NNN on average. Currently there is one 10,566 square feet of space under construction (Dollar General). Absorption has been mildly positive at 5740sf on average per year over the past five years. Figure 35: Island Retail Trends Vacancy Rate NNN Asking Rent Per SF 6% $26 $24 4% $22 $20 Tn $18 0% $16 14 15 16 17 18 14 15 16 17 18 Net Absorption 10 0 C 4'Q Yq 3 L -10 F -20 13 14 15 16 17 18 Source:Costar CDS 47 Economic Study Update-TIRZ 2 Corpus Christi,Texas Table 21: Island Retail Supply Building Rentable Building Name if Park if Building Building Percent Applicable Applicable us Area Leased 14802 Compass St Existing 3,520 1001998 14812 Compass St Existing 1,355 100 14814 Compass St Existing 1,530 100 1999 15241 Leeward Dr Existing 6,536 100 1986 14330-C Padre Island Dr Existing 2,750 100 1980 15541 Padre Island Dr Existing 1,290 100 1970 15817 Padre Island Dr S Existing 928 100 1970 13309 S Padre Island Dr Existing 301 100 13313 S Padre Island Dr Existing 1,004 100 2005 13313-B S Padre Island Dr Existing 237 100 13915-13947 S Padre Day& Night Island Dr Boardwalk Existing 10,000 100 1978 14005 S Padre Island Dr Existing 3,277 100 1994 14049 S Padre Island Dr Existing 8,111 100 1985 14201 S Padre Island Dr Existing 8,618 100 2005 Big Shell 14225 S Padre Island Dr Plaza Existing 10,000 70 1984 14237 S Padre Island Dr Existing 4,065 100 1997 14245 S Padre Island Dr Loma Alta Plaza Existing 24,754 100 2007 14330 S Padre Island Dr Existing 21,155 75.63 2001 14401 S Padre Island Dr Existing 1,483 100 2002 14426 S Padre Island Dr Existing 7,190 100 2003 Padre 14457 S Padre Island Dr Station Existing 7,901 100 2007 14493-A-14493-1 S Padre Island Dr Mail& More Plaza Existing 12,097 100 1996 14501 S Padre Island Dr Existing 7,772 100 2004 14514 S Padre Island Dr Existing 19,719 100 14517 S Padre Island Dr Existing 1,521 100 1983 14525 S Padre Island Dr Existing 11,578 100 2007 14601 S Padre Island Dr Existing 3,945 100 2000 14602 S Padre Island Dr Existing 5,078 100 1984 14613 S Padre Island Dr Existing 6,392 100 1995 14630 S Padre Island Dr Existing 2,727 100 1986 14633 S Padre Island Dr Existing 4,989 100 1983 14701 S Padre Island Dr Marina Plaza Marina Plaza Existing 4,667 100 2006 14805 S Padre Island Dr Existing 323 100 1993 14813 S Padre Island Dr Existing 2,233 100 1994 15101 S Padre Island Dr Existing 2,224 100 2000 15121 S Padre Island Dr Existing 2,475 100 2005 15125 S Padre Island Dr Existing 2,212 100 2006 15137 S Padre Island Dr Existing 4,563 100 1988 Padre Professional 15217 S Padre Island Dr Plaza Existing 16,203 100 2004 15233 S Padre Island Dr Stripes-Citgo Existing 3,180 100 1995 15302 S Padre Island Dr Existing 16,773 100 2004 C D� 48 Economic Study Update—TIRZ 2 Corpus Christi,Texas Building Rentable Building Name if Park if Building Building Percent Yea r Building Address Applicable Applicable Status Area Leased Built 15313 S Padre Island Dr Existing 4,531 100 North Padre Retail 15326 S Padre Island Dr Center Existing 15,946 100 2008 15370 S Padre Island Dr Existing 7,514 100 Under Construc 15402 S Padre Island Dr tion 10,566 100 2018 15605 S Padre Island Dr Existing 4,000 100 1990 15605-a S Padre Island Dr Existing 2,213 100 1990 15605-B S Padre Island Dr Existing 3,321 100 2001 15605-C S Padre Island Dr Existing 4,242 100 Tradewinds 15715 S Padre Island Dr Business Center Existing 7,200 100 2004 15962 Palmira Ave Existing 6,328 100 14301 S Padre Island Dr Existing 2,296 100 1986 15137 SPID Dr Existing 3,366 100 1988 14414 Tx-361 Existing 3,357 100 1986 14430 Tx-361 Existing 5,000 100 1987 14414 Whitecap Blvd Existing 3,954 100 1992 15202-B Windward Dr Holiday Inn Existing 971 100 TOTAL/AVERAGES 1 341,481 99.05 1995 Source:Costar ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS Economic Study Update-TIRZ 2 Corpus Christi,Texas TIRZ Consumer Buying Power As shown earlier in this report, the City's effective buying income of Table 22: Household Effective Buying Income $60,804 on average per household City of Corpus Christi is considered low compared to the M1111111111.11'' Category Number %of Total TIRZ EBI at$91,194. Total Households 124,221 EBI Less than$15,000 16,348 13.16% EBI$15,000 to$24,999 14,866 11.97% EBI$25,000 to$34,999 14,216 11.44% EBI$35,000 to$49,999 20,084 16.17% EBI$50,000 to$74,999 25,118 20.22% EBI$75,000 to$99,999 17,426 14.03% EBI$100,000 to$124,999 6,750 5.43% EBI$125,000 to$149,999 3,856 3.10% EBI$150,000 to$199,999 2,724 2.19% EBI$200,000 to$249,999 628 0.51% EBI$250,000 to$499,999 1,740 1.400 EBI$500,000 or more 465 0.370 2017 Average Effective Buying Income $60,804 Source: US Census,American Community Survey,PCensus TIRZ 2 Total Households 634 EBI Less than$15,000 18 2.77% EBI$15,000 to$24,999 32 4.99% EBI$25,000 to$34,999 53 8.42% EBI$35,000 to$49,999 137 21.66% EBI$50,000 to$74,999 151 23.78% EBI$75,000 to$99,999 75 11.89% EBI$100,000 to$124,999 43 6.78% EBI$125,000 to$149,999 38 6.06% EBI$150,000 to$199,999 41 6.41% EBI$200,000 to$249,999 10 1.60% EBI$250,000 to$499,999 27 4.340 EBI$500,000 or more 8 1.300 2017 Average Effective Buying Income $91,194 Source: US Census,American Community Survey,PCensus CDS 50 Economic Study Update—TIRZ 2 Corpus Christi,Texas Retail Sales Trends 78412 78419 78413 Zip Code 78418 includes the Island as well as the mainland area 78414 near the bridge. Sales for the zip indicates that 2016 had higher 78418 overall sales compared to 2014 and 2017. Motor Vehicles and Parts showed a significant increase in sales in 2016. Food and Beverage stores show the highest retail sales. This category includes grocery stores which are located on the mainland in the zip code. Jap.iler Table 23:Actual Retail Sales in 78418,2015 to 2Q 2018 NAICS NAICS Category A"Jii Code • 2018 441 Motor Vehicle& Parts Dealers 221456,588 62,722,935 38,263,075 12,117,784 442 Furniture& Home Furnishings 1,285,595 1,060,777 1,023,515 354,838 443 Electronics and Appliance Stores 2,127,992 2,113,229 2,280,399 1,033,070 444 Building Material&Garden Equipment N/A 445 1 Food& Beverage Stores 107,783,682 109,877,975 119,606,377 66,926,032 446 Health& Personal Care Stores 10,530,417 10,669,152 10,649,472 447 Gasoline Stations 37,661,222 38,472,476 37,705,472 10,770,863 448 Clothing&Clothing Accessories 3,721,323 3,678,557 3,956,405 2,137,977 451 Sporting Goods, Hobby, Book, & Music 6,696,769 6,578,340 7,368,645 3,469,950 452 General Merchandise 64,481,599 65,793,124 68,093,933 34,124,660 453 Miscellaneous Store Retailers 6,701,435 5,890,635 5,379,046 2,493,606 721 Accommodations 1,803,774 883,539 1,285,067 1,150,162 722Drinking and Eating Places 50,220,192 51,656,544 53,305,124 28,260,462 Grand Total 315,470,588 359,397,283 348,916,530 162,839,404 Source:Texas Comptroller of Public Accounts for 2015-2018 Retail Surplus/Leakage Comparing 2017 actual sales to projected expenditures there is a surplus in several categories. The aggregate expenditure estimates for the zip are lower in Food and Beverage Stores, Sporting Goods/Hobby/Book, and General Merchandise.This indicates that residents outside the zip are shopping inside the zip for these items (tourists). The category representing the highest surplus is Food and Beverage Stores which includes grocery stores. Leakage is occurring in this zip in Motor vehicles/Parts, Furniture/Furnishings, Clothing/Accessories, and Food Services. Where Leakage occurs,an opportunity is indicated in the market. The TIRZ could definitely benefit from these retailers. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 51 Economic Study Update—TIRZ 2 Corpus Christi,Texas Table 24: Comparison of Actual Sales with Expected Household Expenditures for ZIP 78418 Total 11�� Actual Sales Expenditures Surplus or 1� BUSINESS CATEGORY DESCRIPTION • Motor Vehicle& Parts(441) 38,263,075 73,831,776 (35,568,701) Furniture and Home Furnishings Stores(442) 1,023,515 6,787,756 (5,764,241) Food and Beverage Stores(445) 119,606,377 40,590,664 79,015,713 Health and Personal Care Stores(446) 10,649,472 19,700,266 (9,050,794) Clothing and Clothing Accessories Stores(448) 3,956,405 16,637,994 (12,681,589) Sporting Goods, Hobby, Book,and Music Stores(451) 7,368,645 3,831,046 3,537,599 General Merchandise Stores(452) 68,093,933 43,503,888 24,590,045 Food Services and Drinking Places(722) 53,305,124 72,059,023 (18,753,899) Source:Texas Comptroller of Public Accounts 2018,PCensus 78418 PRIZM Segments (Potential Rating Index for Zip Marketers) Psychographic analysis is used to identify consumer segments and match retail demand categories in the trade area. CDS has broken down the market area resident populations utilizing a consumer segmentation methodology. This system is used to understand and profile the population in the market area for the purpose of targeting the largest consumer lifestyle segments. Every household is defined in terms of 66 demographically and behaviorally distinct groups.Specific lifestyle segments will be quantified and ranked for the trade area. The top segments, described in this section, are correlated to likes, dislikes and purchase behavior relative to retail goods and services.The largest household segment in the Zip is White Picket Fences (13.9%)followed by Country Squires (10%). Table 25:Top 10 PRIZM Segments of the Population in the Competitive Market Area HouseholdsHouseholdsHouseholds 29 White Picket Fences 1,944 13.93% Residents in White Picket Fences look a lot like the stereotypical American household of a generation ago: upper-middle-class and married with children. But the current version reflects changing patterns, with some parents just beginning to start families while others approach the empty-nest stage as their children age. They enjoy reading,following sports, and DIY projects and crafts. 05 Country Squires 1 1,396 , 10.01% The wealthiest residents in exurban America live in Country Squires, an oasis for affluent Baby Boomers who've fled the city for the charms of small-town living. In their bucolic communities noted for their recently built homes on sprawling properties,the families of executives live in six-figure comfort. 36 Toolbelt Traditionalists 1,305 9.35% Like many other older segments,Toolbelt Traditionalists have empty nests. If something needs to be fixed, they are likely to do the work themselves with their own power tools or paint.They enjoy the benefits of AARP and are frequent QVC and HSN shoppers. 09 Big Fish,Small Pond 1,237 I 8.87% Older, upper-class, college-educated professionals,the members of Big Fish,Small Pond are often among the leading citizens of their small-town communities.These upscale, empty-nesting couples enjoy the trappings of success, including belonging to country clubs, maintaining large investment portfolios, and spending freely on computer technology. CDS �L Economic Study Update—TIRZ 2 Corpus Christi,Texas HouseholdsHouseholdsHouseholds 59 New Melting Pot 1,081 7.75% New Melting Pot neighborhoods are populated by a blend of ethnically diverse,young families and singles in the nation's second cities.They are mainly high school graduates that rent and work in a mix of service jobs. They are big fans of gospel music, wrestling, and monster trucks. 53 Lo-Tech Singles 905 6.49% Lo-Tech Singles are older households centered mainly in the nation's second cities. Residents are below average in their technology use, choosing instead a night out at a restaurant as their evening entertainment. 30 Pools&Patios 1 449 3.22% Pools& Patios is a segment of middle-aged suburban families. In these stable neighborhoods graced with backyard pools and patios, residents work as white-collar managers and professionals, and are now at the top of their careers.They are above average technology users, often researching products and shopping online. 38 Hometown Retired 435 3.12% Hometown Retired consists of older, midscale couples with no kids at home.Somewhat set in their ways,they are slow to adopt and below average in their use of technology.They watch the news on television and enjoy reading and eat out occasionally at places that they deem to offer a good value. 37 Bright Lights, LVI City 1 425 1 3.05% Not all of America's chic sophisticates live in major metros. Bright Lights, Li'I City is a group of well-off, college educated, middle-aged couples settled in the nation's satellite cities and suburbs. Despite living further out from the urban downtowns,they still like to go out on the town with frequent meals out and karaoke evenings. 67 Park Bench Seniors 367 2.63% Park Bench Seniors are typically retired singles living in the racially diverse neighborhoods of the nation's satellite cities.With modest educations and incomes, these residents maintain low-key, sedentary lifestyles. They spend a lot of time watching TV, especially talk shows and game shows. Source:US Census,American Community Survey,PCensus CDS 53 Economic Study Update—TIRZ 2 Corpus Christi,Texas Office The Island office market includes 25 buildings with 157,042 square feet of space. The majority of the space is Class B as opposed to Class A which uses the latest finishes, upgrades, and amenities. The office market has a 100% occupancy rate. Unfortunately, rents were not reported in this market. There is no construction currently in this market. There has been no new construction since 2008 at which time approximately 25,800 sf was built. Table 26: Island Office Supply Building Name if .,d�entable Percent Building Address Applicable Bui ingArea Leased YearBuilt 14602 Compass St B 3,153 100 2000 14650 Compass St Compass Plaza B 13,139 100 14015 Fortuna Bay Dr B 2,471 100 14302 Nemo Ct B 2,183 100 2004 14200 S Padre Island Dr _ B 2,486 100 1979 Visitor Information 14252 S Padre Island Dr Center B 2,470 100 14433 S Padre Island Dr The Medical Center B 18,393 100 2004 14537 S Padre Island Dr B 20,000 100 14641 S Padre Island Dr B 1,985 100 2006 14717 S Padre Island Dr B 7,335 100 1999 14725 S Padre Island Dr B 22,410 100 2004 14937 S Padre Island Dr B 1,886 100 2002 14941 S Padre Island Dr B 1,626 100 1994 14945 S Padre Island Dr B 4,868 100 1998 15033 S Padre Island Dr B 2,499 100 2004 15037 S Padre Island Dr B 3,600 100 1995 15105 S Padre Island Dr B 2,486 100 1997 15201 S Padre Island Dr B 8,862 100 2005 15201-15209 S Padre Island Dr Bldg. B B 10,739 100 2008 15209-200--230 S Padre Island Dr Executive Suites B 919 100 2004 15481 S Padre Island Dr B 3,432 100 1984 15962 Palmira B 1,848 100 1997 13702 Sea Horse Ave C 1,612 100 1999 15217 South Padre Island Dr Phase II B 15,000 100 2008 14617 South Padre Island Dr Lot#3 C 1,640 100 1986 TOTALS/AVERAGES 157,042 100 1998 Source:Costar;CDS Tourism and Hospitality The Gulf Coast tourism region contains 20 counties and includes five prominent MSAs: Houston-The Woodlands-Sugar Land (which includes Galveston), Beaumont-Port Arthur, Corpus Christi, Victoria, and Brownsville. The Gulf Coast region's share of domestic travel to and within Texas ranked no. 2 out of the seven Texas tourism regions in 2017. This region saw an increase of total tourism spending in 2017 by +9.3%. Top tourism activities within the region include Beach/Waterfront Activities, Shopping, Dining Experiences, Nightlife, and Historic Sites. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 54 Economic Study Update-TIRZ 2 Corpus Christi,Texas Corpus Christi received approximately 9.9 million visitors in 2017 according to research by the Corpus Christi Convention and Visitors Bureau (CVB), about 74% of area visitors are from Texas. Tourism generates an annual economic impact of$1 billion for the Corpus Christi Region. North Padre Island attracts Table 27: MSA Historical Hotel Trends 78418 tourists for its beaches and fishing. To accommodate Occupancy RevPAR these visitors,there is a large 2013 715 $16,318,643 50.9% $63.54 stock of vacation rental housing. North Padre Island 2014 735 $16,551,080 51.9% $65.30 (78418) offers hotel/Condo 2015 709 $15,897,110 53.1% $67.95 properties in sixteen hotels 2016 715 $15,455,190 51.8% $66.08 containing 736 rooms. 2017 736 $19,259,113 64.7% $82.22 Historical data for hotels in Source:Source Strategies,CDS the 78418 zip code show a flucuation in number of rooms over the past five Table 28: 78418 Hotel Performance, 2017 years. Hotel Name #Rooms $ Room Revenue Occupancy RevPAR Hurricane Harvey Schlitterbahn 32 $1,966,369 68.6% $168.35 which hit in August of 2017 has influenced Island House 44 $2,098,446 72.9% $131.32 the market with higher Fortuna Bay 8 $94,525 69.2% $128.43 occupancies and Bluffs Landing 24 $743,247 65.8% $84.85 REVPAR due to Best Western 40 $1,227,663 68.8% $84.09 construction workers Holiday Inn Gulf Beach 149 $3,378,023 56.8% $83.05 in the nearby areas. Holiday Inn Express 79 $2,394,483 70.4% $83.04 A detailed list of hotels Vacation Resorts Int'I 9 $133,827 45.8% $81.35 within zip code 78418 La Quinta 60 $1,706,347 70.7% $77.92 are in the table at right. Regina Wilbanks 7 $48,951 47.2% $76.01 The hotels that are Padre Escapes 48 $1,250,476 56.3% $71.64 differing in type, EI Constantine Condo 24 $450,668 51.4% $70.03 quality, and size. The most recent occupancy Hawthorn Suites 54 $1,373,525 55.5% $69.69 figures show a range Passport Inn 22 $234,485 66.8% $38.76 from 45.8%to 72.9%for Monterrey Motel 24 $56,125 71.4% $25.42 an average of 64.7%. Padre Motel 44 $237,714 66.6% $19.65 REVPAR on average is TOTAL 78418 736 $19,259,113 64.7% $82.22 $82.22. TOTAL Corpus Christi 7,875 $182,380,838 62.5% $65.58 All of the highlighted TIRZ#2 552 $16,080,485 63.82% $87.78 properties(orange)are Source:Source Strategies 2017 Annual,2018 data not available at time of report. Orange located within TIRZ#2. highlighted properties are in the TIRZ As seen TIRZ#2 has a higher RevPAR than the City overall. Holiday Inn Gulf Beach with 149 rooms is closed and under remodel due to Hurricane Harvey. The hotel is expected to re-open for Summer 2019. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 55 Economic Study Update—TIRZ 2 Corpus Christi,Texas Island Development Trends The table below illustrates the 2010-2018 record of building permits. Commercial permitting occurred throughout the period(see the Commercial summary below). The most significant category of permitting was single family residences,the City issued 888 permits for new construction during the last nine years. The new Commercial construction consisted of the projects listed in the table on the next page. Table 29:Island Building Permit Trends Number of Permits 2010 2011 2012 2013 2014 2015 2016 2017 2018* Commercial 1 1 2 4 2 3 2 6 Residential New apartments New condo/townhouse 15 2 17 63 45 13 10 New single family 30 39 101 151 111 94 130 113 119 -------- Commercial 1,539,671 211,000 1,623,408 1,015,153 450,344 3,875,000 747,690 3,217,002 Residential New apartments New condo/townhouse 922,400 181,200 1,786,419 6,596,510 7,812,048 2,338,347 3,013,402 New single family 7,802,356 15,008,455 18,179,455 34,967,752 32,619,793 38,879,947 54,709,017 38,305,723 50,024,219 Source:City of Corpus Christi *thru 12/17/18 CDS 56 Economic Study Update-TIRZ 2 Corpus Christi,Texas The commercial permits over the past eight years have totaled$13,097,668. The square footage added to the market was 157,272 as shown in Table 30. Table 30:TIRZ Commercial Development Permits 2010-2018 Tenant Name Application Description PermitValuation Permit Square Footage SEASHORE MID.ACAD.-NEW SEASHORE MIDDLE ACADEMY BLD 2-NEW $136,200 10,120 SEASHORE LEARNING-NEW SEASHORE LEARNING CENTER BLD 5-NEW $112,000 6,336 PACKERY PARKING RR-NEW PACKERY CHANNELS.PARKING LOT RESTROOMS BLD 1-NEW $61,600 440 PACKERY PARKING RR-NEW PACKERY CHANNELS.PARKING LOT RESTROOMS BLD2-NEW $61,600 440 STORAGE BUILDING COMMERCIAL NEW BUILDING $47,000 4,000 PELICAN PLAZA PELICAN PLAZA-NEW $1,539,671 17,135 THE ISLAND CARWASH New Commercial Construction $211,000 1,666 NEW COMMERCIAL BUILDING $1,412,908 18,586 NORTH PADRE BOAT CENTER 3600 S.F.METAL BLDG.1000 SF OFF.,&2600SF SHOP $210,500 3,600 PEZZI CONSTRUCTION NEW CONSTRUCTION OF BUILDING $133,153 1,342 GRACE COMMUNITY CHURCH NEW CONSTRUCTION $543,000 5,595 SMA SCHOOL CAFETERIA SMA SCHOOL CAFETERIA $292,000 2,640 JOHN PEZZI STORAGE BUILDING $47,000 4,000 PADRE ESCAPES LAUNDRY NEW LAUNDRY FACILITY $250,000 2,919 VERIZON TOWER New concrete equipment pad w/canopy $30,000 312 BEACHWALK PLACE NEW CONSTRUCTION OF CLUBHOUSE $170,344 2,457 RUNNING LIGHT PUD new pool house for Running Light PUD $7,000 140 COMPASS MEDICAL OFFICE New Dr Office $368,000 3,296 MICROTEL MOTEL $3,500,000 30,998 WALDRON LAUNDRY $497,000 4,770 ISLANDJOES COFFEE $250,690 2,255 SEASHORE MIDDLE ACADEMY BUS BARN $71,940 1,500 SEASHORE LEARNING NEW CLASSROOM BLDG 4 $462,000 4,587 SEASHORE LEARNING NEW CLASSROOM BLDG 5 $1,050,000 10,030 SEASHORE LEARNING NEW CLASSROOM BLDG 3 $588,000 5,622 PADRE BALLI RV PARK PHASE 1 $339,950 1,846 DOLLAR GENERAL STORE $705,112 10,640 Source:City of Corpus Christi CDS 57 Economic Study Update—TIRZ 2 Corpus Christi,Texas New Development In Process Lively Beach The most significant development project planned for the TIRZ in the 2009 update was Tortuga Dunes, located immediately north of the Packery Channel. This was to be Ea 41 an upscale residential ° e� development with 92 single " family lots plus townhome sites. There was also land reserved for a Phase II with additional home lots and potentially condominiums. The developer projected the first homes to be built in 2010, with the pace of construction picking vY. up rapidly in 2011. UPDATE: Tortuga Dunes was never completed past the infrastructure. Currently the development under construction is now "Lively Beach". a 160 unit rental condo facility. Phase 1 will consist of 28 Efficiency units, 14 one-bedroom units, and 4 two-bedroom units. This phase is scheduled to open February 2020. The new developer/owner is Jeff Lambkin. Packery Pointe At December 2018, land was being cleared on the Packery Channel Park site. The Packery Pointe development project is a 9.12 acre site owned by Turner Holdings. At January 2019 the preliminary plans include a Hampton Inn, Full Service restaurant, Bar, three Quick Serve restaurants, and a multi-tenant shopping center per Wandita Ford Turner, COO. A site plan follows including 20,842 square feet retail/commercial and a 47,554 square foot hotel with 80 to 104 rooms depending on final pro forma. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 5s, Economic Study Update-TIRZ 2 Corpus Christi,Texas Figure 36: Packery Pointe Site Plan P HOTEL — q° 47.354 5F - r [� Iti, •;/ - 4. (4 A TkW1 SE!ROOR)) J A LOT UM AC- itom.- — — i PA CRERY POINTE DIL u 1 Re --- t �. _ y a ( �-' ASLlT4TENANT 2 1 l tsa 5F . t 1 CIS LOT 4 II ass AC. m `"G 1 ——— — - &W AC. -� l� �- pLjCrwe �I — S O U T H P A b R E 13 L A N b O R. PROPOSED SITE DEVELOPMENT PLAN Q v E NORTH SITE TABULATIONS {9I] LOT s LOT 3 LOT 4 IAT 3 LOT i LOT 7 SRF AREA O.TJ AC SRF AREA O]0 AC WE AREA Ol0 AC N7F AREA 0.90 AC SITE AREA Offi AC SITE AREA 501 AC SRF AYE• E.'O AC AMLMG ARIA 1(LI/NG ARRA OIR.ONG AREAOLLDI N.AICA KNDPC AREA OULOREG AIRA OLLDI/G AICA QSR 1,14 SF Oa ].570 SF 43R ESTE 9F MLLT4TBUM 7.60 SF OAR ;7W SF RMALP" 40.9E SF HAMPTON INN o47 4 SF PAJKW RATIO M SPI V% PARRRIG RATRI (SO SPI 1F= PARIOFEC RATIO p0 SPI VW PARalIC RATIO 0 0 SPF VZ PARRWG RATIO (O SPF V2% PARKNG RATIO OR SPF V% PAOUIC RANO OM SPI V437 NOTE _ _ - a re.,...u,.,.,,.E w wawa°mm nAm•A,e.Aw7wn am w A..�Aww A7 A..;r m 47rv7.w w�A7.Ar,A7.m� a.ewm w.�a7vwx»M.. 9P1-1E381B CDS 59 Economic Study Update—TIRZ 2 Corpus Christi,Texas Impacts on Island Development Plan CC Comprehensive Plan (September, 2016) The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. Plan CC designates density levels for single-family housing, duplexes, townhouses, multifamily development, and mixed-use development, which can include housing. The purpose of this approach is to show multifamily housing locations. All residential categories also include schools, churches,and neighborhood-serving public uses.Where small enclaves of residential uses are surrounded by existing or planned light-industrial or intensive commercial uses, rezoning should not perpetuate or enlarge these enclaves. Single-Family • Low-density residential: up to 3 units per acre • Medium-density residential:4 to 13 units per acre (including two-family dwellings) • High-density residential: more than 13 units per acre Multifamily• Multifamily development can range from small apartment buildings with three or four units and townhouse developments to large apartment buildings. • Smaller buildings of no more than three stories can coexist with neighborhoods of predominantly single-family housing, preferably located at intersections or on collector streets. Preferred locations for larger buildings include downtown and downtown-adjacent areas, locations within a walkable distance of urban village cores, and transportation and transit corridors. Commercial land uses include retail and office uses that are typically open to the public at large. Other commercial uses,such as wholesale and distribution businesses,are included in the light industry category because they have similar impacts,such as high volumes of trucking. In Corpus Christi,60 percent of retail development is located in the SH 358/South Padre Island Drive corridor. The concentration of retail and other commercial businesses in this corridor is unlikely to change, particularly because so much of it is located on frontage roads to the highway. The desired change is for redevelopment and transformation of this commercial area into higher-value and more attractive development with higher design standards. Schools, churches, and neighborhood-serving public uses can be included in commercial land use areas. Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS C10 Economic Study Update—TIRZ 2 Corpus Christi,Texas Padre/Mustang Planning District Facture Land Use 1 4 o . C'. �A I c�� 10 QI/ le® 4� o 025 0.s i■ • V.,d Use _Heevy lndusinal Trats�wtelon �.__Glly Uml Padre Island mandPonotAire Rural Enterorae 2 Lgat IrCuRna+ Paw"Dwc+oOmenl f_—Gtraterrlorwl Junsdcl,Gl Mustang -Gornmercral Low-Densly ResloenLal ...........PwmanMt DDM SWA Q F-Iwrw p D+svo Plariiing 1 -Cwanmart lldian OanvlyRr.Cml.ul fkwf Plan Con•.crvtl— -hsldowal -HV+OMSAy Roselenibi NAIBr ------------------ CDS 61. Economic Study Update–TIRZ 2 Corpus Christi,Texas Regional Parkway PEL, March 2017 In 2017 the Corpus Christi Metropolitan Planning Organization (MPO) and the City of Corpus Christi — a regional transportation planning unit led by a Transportation Policy Committee comprised of area officials completed a study for the proposed federal/state funded Regional Parkway, which in its initial stages will connect Padre Island to State Highway 286,the Crosstown extension. The purpose of the proposed Parkway is to alleviate congestion on South Padre Island Drive and provide an evacuation route for the growing Southside and Padre Island. The Parkway would run parallel to SPID about seven miles south of it. At its eastern end on the Island it would terminate three miles south of Bob Hall Pier and two miles north of the National Seashore at its closest point.The east-west distance would be 15 miles. An extension of Rodd Field Road connecting with the Parkway would run 3.5 miles. All sections would be within the City's Extraterritorial Jurisdiction giving the city a measure of authority. While the road would lead increased traffic quickly and conveniently onto the Island — creating more opportunity for business and residential development along its path with the added benefit of expansion of the tax base —the National Seashore's long pristine stretches would remain well to the south. The study area for the Regional Parkway PEL Study is composed of Segment A and Segment B of the RPMC. These segments are located within the area for which CCMPO is required to perform transportation planning activities. The study area is south of the Corpus Christi city limits, specifically the Southside Planning District and the Flour Bluff Planning District,but within the City's extraterritorial jurisdiction(ETJ). The study area also crosses the northern limits of the Laureles Division of the King Ranch. The Regional Parkway PEL study area generally comprises of a one-mile buffer bounded on the east by PR 22 and on the west by SH 286. The PEL Study Area defines Segments A and B and is inclusive of the proposed extension of Rodd Field Road,which is bounded on the north by its intersection with Yorktown Boulevard. The Study Area limits are graphically depicted below. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS C12. Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 37: Regional Parkway PEL cam. City 6f +Ah[i�9 N®rJN Corpus Christi Ail 513fim r� Legend PEr 5eudtiAm eigi .tA Rodd Fiem Pon -5epRe�A C*r 01 C41p4S Ghn41i AVECES rc+ux rr Coumv Boundary ALEREM13 COMFY iwra 4m i Rf:ao+vw Fv+Arx{hrvve rawwv atcn ZI{_Q_V35 rL�rrrmi rvfMMr�Y.�a iGG4F�YL4Gnsri S.I.a,4k kR''a ... • wWmrvV. � i MKmr...-v woxe a..[.i+®�rr Figure 1.Regional Parkway PEL Study Area Segment A begins on North Padre Island and extends west approximately 10 miles inland. This segment ranges in width from approximately 1.3 miles in the east to about 1.7 miles wide in the west and includes about 9,000 acres.The majority of this segment occurs within Nueces County; only a small portion of the southeastern edge of this segment lies within Kleberg County. The modeling results suggest up to 7.6 percent of local traffic from South Padre Island Drive (SH 358) and PR 22 will divert to the proposed Regional Parkway alignment. The greatest diversion is projected for vehicles traveling to Padre/Mustang Islands. The traffic analysis indicates that network traffic operations will improve with the construction of a Regional Parkway alignment alternative from within Segments A, B, and/or the Rodd Field Road Extension. shift in traffic from away SH 358/PR 22, suggesting Regional Parkway will serve as an alternate access to and from Padre and Mustang Islands. Next steps in the project planning process may include incorporation of the results of this PEL into the City of Corpus Christi's Urban Transportation Plan. Future planning efforts should include: further evaluation of strategies to avoid, minimize, and mitigate environmental impacts; consideration of additional connecting facilities; and assessment of potential funding strategies. Additionally, amendments to the City's Unified Development Code may be necessary to accommodate implementation of Regional Parkway. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS CIS Economic Study Update-TIRZ 2 Corpus Christi,Texas Metropolitan Transportation Plan 2015 - 2040 The study area consists of Nueces and San Patricio counties. The Office of the State Demographer for the State of Texas distributes the most widely used population projections for Texas. Projection estimates in these tables and the methodology for migration scenarios have been revised as of November 2012 by the Texas State Data Center and Office of the State Demographer - now housed at University of Texas San Antonio.The following Table 3.3 represents population projections for the study area: TABLE 3.3: POPULATION PROJECTIONS YR FTOTAL PCT• ANGLO PCT' BLACK PCT' HISPANIC PCT• OTHER PCT' 2010 405,027 --- 139,200 --- 13,080 --- 241,541 --- 11,206 -- 2015 422,438 4.3 133,281 -4.3 13,256 1.3 262,603 8.7 13,298 18.7 2020 440,297 8.7 126,763 -8.9 13,375 2.3 284,517 17.8 15,642 39.6 2025 458,163 13.1 119,872 -13.9 13,359 2.1 306,550 26.9 18,382 6.4 2030 473,307 16.9 112,096 -19.5 13,147 0.5 326,561 35.2 21,503 91.9 2035 484,291 19.6 103,568 -25.6 12,777 -2.3 342,987 42.0 24,959 122.7 2040 491,526 21.4 94,742 -31.9 12,221 -6.6 355,899 47.3 28,664 155.8 2045 496,301 22.5 86,157 -38.1 11,535 -11.8 365,980 51.5 32,629 191.2 2050 499,429 23.3 78,251 -43.8 10,798 -17.4 373,488 54.6 36,892 229.2 'PCT-Denotes Percent Change Schlitterbahn New Ownership As reported on December 5, 2017, Corpus Christi Business News An agreement reached in U.S. Bankruptcy Court in San Antonio Monday, Dec. 4., gives the owners of Schlitterbahn Corpus Christi Riverpark and Resort until Jan. 31 to reach an agreement that could keep the property from being sold at auction in February. The ruling came from U.S. Bankruptcy Judge Craig Gargotta,who had earlier ordered the appointment of a Chapter 11 trustee to oversee Upper Padre Island Partners, the company that controls development of 540 acres on Padre Island. That development includes the water park and hotel. Also included are 270-acres of land surrounding the park which was slated for auction in Nueces County on Tuesday, Dec. 5. Axys Capital Credit Fund sought to foreclose on that acreage in late November. The land is collateral for a $16 million loan made to Upper Padre Island Partners. The water park and resort were to be the centerpiece of the bigger development that included a river walk, residential and commercial properties and a marina.The city has been asked to build a bridge over a canal on Park Road 22 as part of the river walk.That may now be put on hold. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS L74 Economic Study Update—TIRZ 2 Corpus Christi,Texas Estimated to be worth about $552 million when completed, the project has been fraught with trouble since the beginning. Partners Gary Henry, president of Schlitterbahn in New Braunfels, his brother Jeff Henry, who designed all the Schlitterbahn parks, and Paul Schexnailder, who owns the land where the development is to be located, have not agreed on how to proceed. According to court records, Gary Henry moved to put Upper Padre Island Partners into involuntary bankruptcy earlier in the year to stop Axys from foreclosing on the 270-acre parcel. The company could not file for bankruptcy on its own because all the partners did not agree to it. The Dec. 4 decision concerns IBC Bank's attempts to foreclose on the actual waterpark and hotel, which was also used as collateral for a loan. The ruling gives the bankruptcy trustee more time to either find a buyer or work out another plan, which could include auctioning off the property. If no agreement is reached by Jan. 31, IBC will move to foreclose on the property in February. Schlitterbahn opened in Corpus Christi in 2016 after about two years of delayed openings because of changes in the scope of the project. Liens and work stoppages by contractors who were not being paid plagued the entire construction process.The attraction has yet to make a profit according to bankruptcy filings. May 1, 2018 Caller Times Schlitterbahn Corpus Christi has a new owner and management company. On May 1, International Bank of Commerce was the purchaser at the water park's foreclosure sale at the Nueces County Courthouse. The San Antonio-based company bid $20 million. There were no counter bids, said Jon Lowe, attorney with Martin & Drought, PC, a law firm in San Antonio. "It's gone from a bank lender to a real estate-owned situation," Lowe told the Caller-Times. "The bank owns the property, so it has to do everything the owner would have to do: pay the bills, deal with insurance, etc." The park will continue to operate as a licensed Schlitterbahn Riverpark & Resort, according to a news release. Previously, IBC was the lien holder on the Schlitterbahn property and took over when Upper Padre Partners, LP,the original developers of the project on North Padre Island,failed to make payments of$16 million on a 2015 loan, according to Nueces County court documents. Lowe filed two deeds in the Nueces County district clerk's office. One deed is for the foreclosure sale to IBC.A second deed transferred ownership and management of the property to Diamond Beach Holdings, an affiliate company of IBC. Figure 38 is a map from Corpus Christi Assistant City Attorney which displays the new ownership of Schlitterbahn park, golf course, and surrounding land. "Blue" area is now held by AXYS Capital and the "beige" is held by IBC. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 65 Economic Study Update—TIRZ 2 Corpus Christi,Texas Figure 38:New Schlitterbahn Ownership 1�!! ]G.'1�6 R-N�tltlll A�6L� 1P 5i hCR4S Sr 1� on 1� r �/SE �KR5 l-911[1 E e"a J8 aGRF � V 4� Oi1i 90[9 1 m21 1 � •#"'� �,� �.., l�_�_, A11 I!!IC sY .._ i! 0.A IGQ LL"5 I+AkK 1':.1 .l Ar ♦..1. �"� ..:['-} k VD4,111 '.191A�Rµ G K 75 115:GEES + Sy'ye l TlW 29— T_7 �•® 5 i Ml9a xuc.f PARK "T$ ^ 905x9 AGRF5 +� tavO14— �y CDS 66 Economic Study Update—TIRZ 2 Corpus Christi,Texas An interview with Stephanie Pickett, General Manager of Schlitterbahn revealed the following Schlitterbahn Improvements: • Drive-in/dive-in movie theater—November 2018 • Future plans include virtual reality attractions, escape rooms and eSports arenas to the facility (build out 3rd floor). • The world's first lazy river eSports tournament is set for March. • Ropes course, beach volleyball • New restaurant/chef/menu • Build out the 4t"floor—Ballroom/meeting space for 800 capacity • Complete$3million Harvey repairs (mostly structural/insurance $) CDS made numerous attempts to contact IBC and AXYS directly. Unfortunately,they were unavailable via phone, email, and other contacts. Economic Study Update-TIRZ 2 Corpus Christi,Texas POTENTIAL DEMAND Single Family Residential Demand - City of Corpus Christi Demand for new construction of single- Table 31: City Projections family homes is primarily Increase rooted in the need to house additional population in anaIIIIIIIIIIIII „I P4,9 L�) , 2018- 1 31 2035 area. Therefore, we will IIIIPXIi L111 quantify demand for new Population 330,925 338,971 359,086 379,201 399,328 68,403 homes within the City Households 124,221 127,427 135,444 143,461 151,478 27,257 based on the previously Employment 193,000 196,613 205,643 214,673 223,715 30,715 mentioned Corpus Christi *italics denotes projections Source: PCensus,MPO,CDS Metropolitan Planning Organization (MPO) forecasts that have been prepared. CDS will use the projected growth for 2035 and apply it annually to the current population, households, and employment. Population is projected to grow at a rate of 4,023 per year,while households remain at 1,603 annually(CDS Estimated based on PCensus)and employment at 1,806 annually thru 2035 (Table 32). To plan and project new housing units,the number of projected housing units is multiplied by the percentage of owners for single family homes. As shown using the 67.75% of households owning in the CMA (2018 estimate)there is a potential demand to support 9,852 new homes through 2030. Table 32: City Single Family Demand iiiiiiiiiiiiii��iiiiiiiiiiiiiiiiiiI 111, 1 2018 020 2025 1 201 Q Total current and projected City households 124,221 127,427 135,444 143,461 151,478 Incremental household unit demand 3,206 8,017 8,017 8,017 City Single family demand (67.75%) 2,172 5,431 5,431 5,431 City Single Family Demand Annually 1,086 1,086 1,086 1,086 Sources:PCensus for Map Info,Copyright 2018 Tetrad Corporation,CDS TIRZ Demand for Single Family Currently, the TIRZ encompasses 0.005% of the City's Households (634 out of 124,221). Single Family development in the TIRZ accounts for 18.69%of the overall household units. Currently the TIRZ includes 37 improved residential lots (inventory) and 173 platted lots. At this current rate of 18.69% applied to the expected growth, the TIRZ could absorb 24 new homes by 2035 (Table 33). ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS CIS, Economic Study Update—TIRZ 2 Corpus Christi, Tema, Table 33:TIRZ Single Family Demand 1 Total current and projected City households 124,221 127,427 135,444 143,461 151,478 Incremental household unit demand 3,206 8,017 8,017 8,017 TIRZ%of City HH growth (.005) 16 40 40 40 TIRZ Single Family(18.69%) 3 7 7 7 Corpus Christi Multifamily Demand Multifamily development in the City accounts for 29.64% of the overall household units. Based on projections of households in the City,there is demand for 1,658 multifamily units by 2035 (Table 34). Table 34: City Multifamily Demand A An Total current and projected City households7124,221 127,427 135,444 143,461 151,478 Incremental housing unit demand 3,206 8,017 8,017 8,017 City Multifamily demand (29.64%) 950 2,376 2,376 2,376 Less Pipeline Units -483 City Ann. Multifamily Demand Based on HH Projections 233 475 475 475 Absorption in the market has on average been 427 units per year. Using this trend, the estimate of 475 units per year appears to be reasonable. TIRZ Demand for Multifamily Currently, the TIRZ encompasses 0.005% of the households. Multifamily accounts for 77.49% of the overall housing units. At this current rate applied to the expected growth, the TIRZ could absorb 105 multifamily units by 2035 (Table 35). Table 35:TIRZ Multifamily Demand 1 2018 020 2025 2030 2035 Total current and projected City households 124,221 127,427 13,5444 143,461 151,478 Incremental household unit demand 3,206 8,017 8,017 8,017 TIRZ%of City HH growth (.005) 16 40 40 40 TIRZ Multifamily(77.49%) 12 31 31 31 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS 69 Economic Study Update-TIRZ 2 Corpus Christi,Texas Retail Development Demand- Corpus Christi Currently the City of Corpus includes 55 square feet of retail per person. Historically, 162,000 square feet has been absorbed annually over the past five years. Table 36: City Retail Demand 1 2018 020 2025 2030 2035 Total current and projected City Population 330,925 338,971 359,086 379,201 399,328 Incremental Population growth 8,046 20,115 20,115 20,115 55 SF Retail Per Person 442,530 1,106,325 1,106,325 1,106,325 Less Retail Pipeline (68,566) Retail Demand Annually Based on Projections 373,964 1 21,265 j 221,265 j 221,265 Annual Retail Demand Based on Historical Absorption 162,000 162,000 162,000 162,000 Based on historical absorption, CDS estimates that 162,000 square feet can be absorbed annually or 2.75 million square feet by 2035. TIRZ Demand for Retail Currently, the TIRZ encompasses 0.003% of the City's population. Retail on the Island accounts for 271 square feet per TIRZ resident. At this current rate applied to the expected growth,the TIRZ could absorb 49,050sf by 2035 (Table 37). Table 37:TIRZ Retail Demand Total current and projected City Population 330,925 338,971 35,9086 379,201 399,328 Incremental Population growth 8,046 20,115 20,115 20,115 TIRZ Population .003 of City 24 60 60 60 Island Retail 271 SF Per TIRZ Person 6,504 16,353 16,353 16,353 Less Island Pipeline -10,460 Retail Demand Annually 0 3,270 3,270 3,270 Historically the TIRZ has absorbed 5,740 square feet of retail per year. Based on historical trends, the annual demand estimate of 3,200sf appears to be reasonable. The Packery Pointe development is proposing 20,842 square feet of retail currently. This may be all the retail that the Island can absorb over the next 5 to 10 years. Due to the lack of retail being built or built over the past 10 years, absorption is hard to predict based on population growth alone. The tourism market will contribute seasonally to the success of the retail market. Office Development Demand - Corpus Christi An office space per office employee factor for the past five years ranged from a high of 365 square feet in 2010 to a low of 150sf in 2017. In our analysis(Table 38),we will use 250 square feet. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------C Economic Study Update-TIRZ 2 Corpus Christi,Texas Table 38: City Office Demand City 2018 020 2025 2030 2035 Current and Projected Employment 193,000 196,613 205,643 214,673 223,715 Incremental Employment Growth 3,612 9,030 9,030 9,030 52.65%Labor Force/Prof/White Collar 1,901 4,754 4,754 4,754 250 SF Per Job 475,250 1,188,500 1,188,500 1,188,500 Less Pipeline Office (50,000) Incremental Demand 425,250 1,188,500 1,188,500 1,188,500 City Office Annual Demand 212,625 237,700 237,700 T11 TIRZ Office Demand The Island includes 25 buildings with 157,042 square feet of space or 1.5%of the overall City office supply. There are 624 employed in the TIRZ, 68.7% are white collar workers or .003 percent of the City's employment. Table 39:TIRZ Office Demand City 2018 020 1 2025 2030 � Current and Projected Employment 193,000 196,613 205,643 214,673 223,715 Incremental Employment Growth 3,612 9,030 9,030 9,030 TIRZ.003 overall Office 14 27 27 27 68.780oTIRZ Labor Force/Prof/White Collar 9 19 19 19 250 SF Per Job 2,407 4,750 4,750 4,750 Incremental Annual Demand 1,203 950 950 950 Over a seven year period,the TIRZ can absorb approximately 7,157 square feet of office space. Hotel and Tourism The TIRZ includes 552 rooms with 149 rooms offline due to Harvey. Occupancy is currently 63.8%with RevPAR at$87.78. With the reintroduction of 149 rooms and the proposed Hampton Inn at Packery Pointe(80- 104 rooms), plus the large number of rentals (condos,townhomes homes) on the Island, CDS estimates no immediate new hotel development over the next five to ten years in the TIRZ. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDS1. Economic Study Update—TIRZ 2 Corpus Christi,Texas PROPERTY ACCOUNT AND TIRZ VALUE ANALYSIS The results of the market study update have been translated into projections of new development and TIRZ assessed values for the remaining existing zone term and a potential twenty-year extension. New Development Projections - Quantities and Values The projections of new development in the near term are based on the findings of supportable new development in the Market Analysis and an assessment of known projects underway, most notably Lively Beach and Packery Pointe,plus the reopening of the rehabbed Holiday Inn. CDS projected assessed values of these new projects based on existing comparable properties on North Padre Island and southern Corpus Christi. Key assumptions in the projections include: • In the absence of a new market dynamic for the Island,supportable new development will adhere to the limits suggested by the Market Analysis. • Based on anecdotal research obtained during the Market Analysis, the projections assume that Lively Beach will be 100%rental units. • The major future assumption included in these projections is that a new bridge and associated channel are constructed on Park Road 22 north of the Nemo Court intersection. This improvement will be designed in such a way so as to become an attractive public amenity and destination that supports new commercial development along its adjacent frontages in a walkable outdoor configuration. The completion of this project occurs soon enough to spur initial adjacent retail under construction starting in 2025 and open in 2026. This significant new element of the Island's attractiveness is enough to spur other new developments that happen earlier and in larger quantities than without the bridge and channel project. • The projections do not incorporate any new development value specific to the current waterpark and hospitality venue at 14353 Commodore Drive. • All new development is allocated 30% of total new assessed market value during the interim construction year with the remainder added the following year. • For all new single family and condominium units, 10% of new market value is assumed to be reduced to exemptions at year of completion to calculate new taxable value. The projections of new development quantities and assessed values are provided in the following tables. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------C Economic Study Update—TIRZ 2 Corpus Christi,Texas Table 40: Projected TIRZ 2 New Development Quantities .- - - - • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Residential(units) Lively Beach 46 40 40 34 Future condos 30 30 Future single family 10 10 10 10 10 Future multifamily apartments 100 Commercial Packery Pointe Hotel(rooms) 100 Retail(sq.ft.) 14,142 6,698 Reopened hotel(rooms) 149 Future hotel(rooms) 130 Future retail(sq.ft.) 15,000 Development • Residential(units) Lively Beach 160 Future condos 730 30 30 150 Future single family 10 10 10 10 10 100 Future multifamily apartments 100 100 300 Commercial Packery Pointe Hotel(rooms) 100 Retail(sq.ft.) 20,840 Reopened hotel(rooms) 149 Future hotel(rooms) 130 260 Future retail(sq.ft.) 15,000 15,000 45,000 CDS 73 Economic Study Update—TIRZ 2 Corpus Christi,Texas Table 41: Projected TIRZ 2 New Development Assessed Values Residential(units) Lively Beach $zoo,000 2,760,000 6,440,000 2,400,000 5,600,000 2,400,000 5,600,000 2,040,000 4,760,000 Future condos $275,000 2,475,000 5,775,000 2,475,000 5,775,000 Future single family $700,000 2,100,000 4,900,000 2,100,000 4,900,000 2,100,000 4,900,000 2,100,000 4,900,000 2,100,000 4,900,000 Future multifamily 5150,000 4.00,000 10,500,000 apartments Commercial Packery Pointe Hotel(rooms) $47,500 1,425,000 3,325,000 Retail(sq.ft.) $180 763,665 2,143,554 Reopened hotel(rooms)* $20,000 2,980,000 Future hotel(rooms) $47,500 1,852,500 4,322,500 Future retail(sq.ft.) $180 810,000 1,890,000 TOTAL ADDITIONAL MARKET VALUE 7,928,668 11,908,584 4,500,000 10,500,000 2,400,000 7,700,000 7,750,000 10,602,500 16,197,500 18,375,000 4,900,000 4,575,000 10,675,000 Exemptions on new units (630,000) (630,000) (630,000) (742,500) (630,000) TOTAL ADDITIONAL 7,92.,66. 11,90.,-1.4 4,500,000 9,.70,000 2,400,000 7,700,000 7,120,000 10,602,500 15,567,500 17,632,500 4,900,000 4,57-1,000 10,04-1,000 TAXABLE VALUE *Incremental increase over 2018 value C74 Economic Study Update—TIRZ 2 Corpus Christi,Texas Residential(units) Lively Beach $270,000 Future condos $275,000 2,475,000 5,775,000 2,475,000 5,775,000 2,475,000 5,775,000 7 Future single family $700,000 77--__ , 0, 4, , 2,100,000 4,900,000 2,100,000 4,900,000 2,100,000 4,900,000 2,100,000 4,900,000 Future multifamily $157,777 4577,770 17577,770 4577,770 17577,777 apartments Commercial Packery Pointe Hotel(rooms) $47,500 Retail(sq.ft.) $180 Reopened hotel(rooms)* $20,000 Future hotel(rooms) $47,500 1,852,500 4,322,500 Future retail(sq.ft.) $180 810,000 1,890,000 810,000 1,890,000 TOTAL ADDITIONAL MARKET VALUE 7,410,000 19,765,000 7,875,000 4,900,000 6,427,500 14,997,500 2,100,000 8,185,000 14,265,000 15,400,000 Exemptions on new units (630,000) (742,500) (630,000) (1,372,500) (630,000) (742,500) (630,000) TOTAL ADDITIONAL TAXABLE VALUE 7,410,000 19,135,000 7,132,500 4,270,000 6,427,500 13,625,000 2,100,000 7,555,000 13,522,500 14,770,000 11 *Incremental increase over 2018 value CDS 75 Economic Study Update—TIRZ 2 Corpus Christi,Texas Projected TIRZ 2 Increment and Revenue The following three tables provide a summary of projected new taxable assessed value in TIRZ 2, based upon the new development projections. Each participating taxing jurisdiction is shown with a separate taxable value, owing to differences in offered exemptions. The projected TIRZ values and revenue include the following assumptions: • No additional property is annexed into the TIRZ. • Existing properties appreciate at an average rate of 3.0% per year. Individual property types will increase or decrease in value at considerably different rates from year to year depending upon overall economic conditions and impactful events such as coastal storms, but a 3.0% rate is a reasonable and conservative rate to apply across all property types over the long term. • The property tax collection rate is 95%. Table 42: Projected TIRZ 2 Taxable Value ($) HospitalCity of Corpus Del Mar Christi Nueces County . $0.626264 $0.351340 ., $0.117672 $0.281885 2019 478,974,650 476,821,008 483,595,715 480,516,055 2020 501,272,557 499,054,306 506,032,255 502,860,205 2021 528,219,318 525,934,519 533,121,806 529,854,595 2022 548,565,898 546,212,554 553,615,460 550,250,233 2023 574,892,875 572,468,931 576,627,740 2024 594,539,661 592,042,999 596,326,572 2025 620,075,851 617,504,289 621,916,369 2026 645,798,126 643,149,418 647,693,860 2027 675,774,570 673,046,400 677,727,176 2028 711,615,307 708,805,292 713,626,491 2029 750,596,266 747,701,951 752,667,786 2030 778,014,154 775,033,010 780,147,820 2031 805,929,579 802,859,000 808,127,254 2032 839,409,966 836,247,270 841,673,572 2033 872,002,265 868,744,688 874,333,779 2034 917,297,333 913,942,029 919,698,793 2035 951,948,753 948,492,789 954,422,256 2036 984,777,216 981,217,573 987,324,924 2037 1,020,748,032 1,017,081,600 1,023,372,172 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDSt Economic Study Update—TIRZ 2 Corpus Christi,Texas 2038 1,064,995,473 1,061,219,048 1,067,698,33 7 2039 1,099,045,338 1,095,155,620 1,101,829,287 2040 1,139,571,698 1,13 5,565,288 1,142,439,166 L2041 1,187,281;349 1,183,154,747 1;190;234;841 2042 1,237,669,789 1,233,419,389 1,240,711,886 Table 43: Projected TIRZ 2 Assessed Value Increment ($) HospitalTaxing Jurisdictions and Tax Rates City of Corpus Nueces Del Mar Christi County . $0.626264 $0.351340 $0.117672 $0.281885 2019 396,460,783 395,088,667 401,863,374 397,807,458 2020 418,758,690 417,321,965 424,299,914 420,151,608 2021 445,705,451 444,202,178 451,389,465 447,145,998 2022 466,052,031 464,480,213 471,883,119 467,541,636 2023 492,379,008 490,736,590 493,919,143 2024 512,025,794 510,310,658 513,617,975 2025 537,561,984 535,771,948 539,207,772 2026 563,284,259 561,417,077 564,985,263 2027 593,260,703 591,314,059 595,018,579 2028 629,101,440 627,072,951 630,917,894 2029 668,082,399 665,969,610 669,959,189 2030 695,500,287 693,300,669 697,439,223 2031 723,415,712 721,126,659 725,418,657 2032 756,896,099 754,514,929 758,964,975 2033 789,488,398 787,012,347 791,625,182 2034 834,783,466 832,209,688 836,990,196 2035 869,434,886 866,760,448 871,713,659 2036 902,263,349 899,485,232 904,616,327 2037 938,234,165 935,349,259 940,663,575 2038 982,481,606 979,486,707 984,989,740 2039 1;016;531;471 1,013,423,279 1,019,120,690 2040 1,057,057,831 1,053,832,947 1,059,730,569 2041 1;104;767;482 1,101,422,406 1;107;526;244 2042 1,155,155,922 1;151;687;048 1,158,003,289 Economic Study Update—TIRZ 2 Corpus Christi,Texas Table 44: Projected TIRZ 2 Revenue ($) HospitalTaxing Jurisdictions and Tax Rates City of Corpus Nueces Del Mar Christi County . $0.309189 $0.117672 $0.281885 2020 2,358,747 1,160,492 449,237 1,065,292 5,033,767 2021 2,491,408 1,225,798 474,318 1,125,127 5,316,651 2022 2,651,728 1,304,753 504,601 1,197,416 5,658,498 2023 2,772,780 1,364,316 527,511 1,252,033 5,916,640 2024 2,929,413 1,441,438 1,322,670 5,693,521 2025 3,046,302 1,498,933 1,375,421 5,920,656 2026 3,198,229 1,573,721 1,443,949 6,215,898 2027 3,351,264 1,649,048 1,512,978 6,513,290 2028 3,529,609 1,736,864 1,593,405 6,859,878 2029 3,742,844 1,841,899 1,689,540 7,274,282 2030 3,974,762 1,956,150 1,794,089 7,725,000 2031 4,137,885 2,036,429 1,867,678 8,041,991 2032 4,303,968 2,118,162 1,942,604 8,364,734 2033 4,503,159 2,216,233 2,032,438 8,751,831 2034 4,697,068 2,311,688 2,119,899 9,128,654 2035 4,966,551 2,444,446 2,241,382 9,652,379 2036 5,172,710 2,545,932 2,334,369 10,053,010 2037 5,368,023 2,642,054 2,422,479 10,432,556 2038 5,582,032 2,747,397 2,519,010 10,848,439 2039 5,845,282 2,877,042 2,637,711 11,360,035 2040 6,047,862 2,976,724 2,729,111 11,753,697 2041 6,288,974 3,095,419 2,837,860 12,222,253 2042 6,572,823 3,235,203 2,965,853 12,773,879 2043 6,872,609 3,382,845 3,101,026 13,356,480 Total 104,406,031 51,382,984 1,955,666 47,123,339 204,868,020 TIRZ 2 Recommendations Based on the review of recent market conditions and performance of the various land uses and an assessment of the most significant development and public improvement opportunities, CDS has the following recommendations for the future activities of TIRZ 2. • CDS finds that the key market-supportable development opportunities on North Padre Island lie primarily within the existing boundaries of the zone,especially the properties adjacent to and east --------------------------------------------------------------------------------------------------------------------------------------------- CDS 7s, Economic Study Update—TIRZ 2 Corpus Christi,Texas of the existing water park and hospitality venue at 14353 Commodore Drive. CDS was not able to discern a clear direction for the waterpark apart from the recent improvements that the current owner has undertaken, but it would appear logical that it will continue to be a regional leisure activity draw to Coastal Bend residents and an amenity (though not primary driver of tourism demand) for out-of-area visitors already destined for North Padre Island. The remaining vacant properties around 14353 Commodore Drive and on the east side of Park Road 22 should be able to accommodate projected supportable demand. Also, zone properties on the west side of Park Road 22 at the south end of the zone will be able to accommodate and be desirable for small- scale commercial development. Therefore, CDS does not recommend adding new properties to the zone for now. • There does not appear to be any major transformative external force that would change the growth trajectory within the zone. However, the City, private property owners and other applicable entities have an opportunity to internally impact the market within the zone with the Park Road 22 bridge project and associated channel connection. Not only would a bridge allow more direct navigation to and from Packery Channel, it could facilitate unique public space improvements that could be part of a "placemaking" effort. CDS recommends that the involved entities work together to create a walkable destination area around the new channel that supports new retail / restaurant / entertainment development by inviting visitors to linger and cross-visit businesses on foot, bicycle etc.,as opposed to the car-based strip development in place on the Island today. This will also make these properties attractive for residential and hotel development. CDS' projections above have assumed such a project and private development to occur in the mid-2020s. TIRZ funds can be used for the improvements that will be public infrastructure and amenities, such as pedestrian and roadway infrastructure and public parking. Public space landscape and streetscape elements such as lighting, benches, trees, etc. would also be eligible. CDS recommends that the City undertake a master plan effort in cooperation with the bridge-adjacent private property owners to identify the supportive placemaking improvements that will work in synergy with the future mixed-use developments around the channel. This concept planning effort can also be TIRZ-funded, at least to the extent that it is focusing on the public improvement components. • Furthermore, in order to extend the benefits of the bridge/channel project to the remainder of the zone, CDS recommends that a connective network of landscaped pathways and necessary safe crosswalks for pedestrians, bicycles, etc. be planned and constructed that reach from the new mixed-use destination to other residential and hospitality areas and additional destinations such as 14353 Commodore Drive. • To accomplish this planning and improvement effort, CDS recommends extending the life of the TIRZ. The projections assume a 20-year extension to 2042. However, depending on the financing approach for future improvements,a longer term may be necessary, particularly if bond financing backed by TIRZ revenue is used. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- CDSca Economic Study Update—TIRZ 2 Corpus Christi,Texas CDS Community Development Strategies 1001 S. Dairy Ashford, Suite 450 Houston, TX 77077 281.582.0847 (Phone) 713.465.6975 (Fax) www.cdsmr.com CDS 80 SC �a 0 a� v AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for August 29, 2023 NOHPO0.AI EO xss2 Second Reading Ordinance for September 5, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Michael Dice, Assistant Director of Development Services m ichaeld3p_cctexas.com (361) 826-3596 Reinstating Building Permit Exemption and TCEQ Residential Irrigation Backflow Standard CAPTION: Ordinance amending Section 14-231 of the City Code to amend the Building Code to provide an exemption for certain government, industrial, and agricultural facilities from permits, amending Sections 14-281 and 14-291 of the City Code to amend the Plumbing and Residential Construction Codes to incorporate Texas Commission on Environmental Quality regulations for the testing of backflow assemblies and clarify backflow device requirements for carbonated beverage dispensers, amending Section 55-37 of the City Code to expand authority the disconnection of services for failure to install, test, or maintain a required backflow device; providing for a penalty not to exceed $2,000 and publication. SUMMARY: Section 1 of the ordinance reinstates the building permit exemption for qualifying Agricultural and Industrial projects that were left out of the Code in adopting the 2021 International Model Codes. The reinstated exemption expands the application to industrial facilities in Heavy Industrial Districts and does not allow the exemption for facilities within 150 feet of 1-37 right-of-way. Sections 2 and 3 of the ordinance amends the code to align with Texas Commission on Environmental Quality (TCEQ) standards. Per TCEQ standards, all required backflow devices are to be tested and certified operational upon installation and upon repair. Where there is a health hazard as identified by TCEQ standards, backflow testing is required, upon installation, upon repair, and annually. Section 4 of the ordinance updates the Code to expand authority to terminate water services of customers that fail to comply with backflow regulations. Section 5 of the ordinance requires a reduced pressure assembly backflow preventer. when copper piping serves water to a carbonated beverage dispenser. If there is no copper piping, the built-in dual check with atmospheric vent backflow preventer may be used in lieu of the reduced pressure assembly. BACKGROUND AND FINDINGS: When the City adopted the 2021 model International Codes, the Industrial/Agricultural permit exceptions did not carry over. This ordinance reinstates the building permit exemptions in a clear and concise manner. The industrial permit exception has been updated from the previous exemption that was eliminated. This exemption expands the application to industrial facilities in Heavy Industrial Districts and does not allow the exemption for facilities within 150 feet of I-37 right-of-way. This ordinance also updates the backflow testing requirements to align with the TCEQ standards. Per TCEQ standards, all require backflow device are to be tested upon installation. Backflow device where a health hazard exists as identified by TCEQ standards shall be tested backflow testing is required, upon installation, upon repair, and annually. This ordinance also updates authority to terminate water services of customers that fail to comply with backflow regulations. Lastly, this ordinance clarifies when backflow device is required when a premise has a carbonated beverage dispenser. ALTERNATIVES: No alternative contemplated FINANCIAL IMPACT: N/A FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Section 14-231 of the City Code to amend the Building Code to provide an exemption for certain government, industrial, and agricultural facilities from permits, amending Sections 14-281 and 14-291 of the City Code to amend the Plumbing and Residential Construction Codes to incorporate Texas Commission on Environmental Quality regulations for the testing of backflow assemblies and clarify backflow device requirements for carbonated beverage dispensers, amending Section 55-37 of the City Code to expand authority the disconnection of services for failure to install, test, or maintain a required backflow device; providing for a penalty not to exceed $2,000 and publication. WHEREAS, an adequate internal cross-connection control program shall include an annual inspection and testing by a licensed backflow prevention assembly tester on all backflow prevention assemblies used for health hazard protection, 30 Texas Administrative Code §290.44(h)(1)(B)(i); WHEREAS, all backflow prevention assemblies that are required according to this section and associated table located in §290.47(f) of this title shall be tested upon installation by a licensed backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies which are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a licensed backflow prevention assembly tester, 30 Texas Administrative Code §290.44(h)(4); WHEREAS, the Construction Trade Advisory &Appeals Board has held a public meeting on this amendment to the Building Code of Corpus Christi; and WHEREAS,the International Code Council provides free online access to the National Model Code being modified. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi Code, Chapter 14, Sec. 14-231 - Building Code, Subsection 105.1.4 is repealed and replaced to read as follows: Section 105.1.4 building Permit Exemptions: (a) Definitions. For the purposes of this section: State or Federal Facility means a facility owned or managed by the State of Texas or the federal government. Industrial Facility means a facility used to manufacture, compound, package, process, refine, sort, test, and treat raw materials and other processed materials into finished or intermediate products and to store equipment or materials used by that industrial facility. Agricultural Facility means any structure on a tract of land larger than 10 acres used exclusively in connection with ranching or agricultural use, excluding structures used for residential, commercial, or industrial purposes. (b) Exemption. A State or Federal Facility, Industrial Facility, or Agricultural Facility may claim an exemption from the City's requirement for technical construction code permits if all 1 Ordinance-Builidng Permit Exemption and TCEQ Backflow Standard-updated 7.28.23 connections between the aforesaid facility and the city water system are equipped with a backflow prevention device or air gap. (c) An Industrial Facility can only claim the technical construction code permit exemption if: 1. the facility or industrial processing unit is inaccessible to the general public; 2. the facility or unit is zoned IH or occupies a site of 20 or more contiguous acres; 3. the facility or structure is not within 150 feet from the 1-37 right-of-way; and 4. the construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the facility or unit is under a licensed professional engineer's observation and direct supervision. The licensed professional engineer will certify that all improvements meet the intent or spirit of the City's technical construction codes and life safety criteria for the occupancy as outlined in Chapter 14 of the Corpus Christi Code. (d) The building official and/or Corpus Christi Water representative has the right to inspect any installations connected to the city water system to the point of the valves or safety devices to ensure the connection to a backflow prevention device or air gap. (e) Any State or Federal Facility, Industrial Facility, or Agricultural Facility that does not have the required technical construction code permits and does not install backflow prevention devices or air gaps at all connections to the city water system authorizes the City to refuse to connect or the City to disconnect the connection from the city water supply system. (f) Any State or Federal Facility, Industrial Facility, or Agricultural Facility that fails to test or timely provide test results or maintain the required backflow prevention device in good operating condition authorizes the City to refuse to connect or the City to disconnect the connection from the city water supply system. SECTION 2. The Corpus Christi Code, Chapter 14, Sec. 14-281- Plumbing Code, Subsection 312.10.1 of the International Plumbing Code is is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 312.10.1 Inspections. Ann rtrpes+ s Shaluri--pe—Mad-R- of all haGkfIew prevention able aAd air gaps e All backflow prevention assemblies required by Texas Commission on Environmental Quality (TCEQ) Publication RG-195 and 30 Texas Administrative Code Chapter 290 shall be tested and certified to be operating within specifications upon installation and immediately after repairs or relocation. All backflow prevention assemblies where there is a health contamination hazard as identified by Texas Commission on Environmental Quality (TCEQ) Publication RG-195 and 30 Texas Administrative Code �290.47(f) shall be tested and certified to be operating within specifications at the time of installation, immediately after repairs or relocation, and at least annually. All testing and certification shall be performed by a state-licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must file an original copy of the initial test certification and each annual certification with the City's Third-Party database within ten (10) days of the testing. All connections between an industrial facility or industrial processing unit and the City's water system must be equipped with a reduced pressure backflow preventer, which will prevent backflow and back siphonage. A reduced pressure backflow preventer must be installed at each City meter servicing potable water and fire service lines. An Industrial District Affidavit must be submitted immediately upon installation or repair by a Texas certified Professional Engineer for each City water meter that is on the industrial customer's property and submitted to the Utilities Department or designee. The City has the right to inspect any connections to the City's water system, including any 2 Ordinance-Builidng Permit Exemption and TCEQ Backflow Standard-updated 7.28.23 valves and backflow prevention devices. If the owner or operator of an industrial facility or industrial processing unit fails to install, test or timely provide backflow test results, or maintain valves and backflow prevention devices in good operating condition, the City may refuse to connect the industrial facility or industrial processing unit to, or disconnect the facility or unit from, the City's water supply system. In addition, the City may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill. SECTION 3. The Corpus Christi Code, Chapter 14, Sec. 14-291 Residential Construction Code, Subsections P2503.8.1, P2503.8.2, & P2503.8.3 of the International Residential Code is repealed and replaced to read as follows: P2503.8.1 Testing and certification of backflow devices. Backflow preventer assemblies shall be tested in accordance with Subsection 312.10.1 of the Plumbing Code as modified by Section 14-281 of the Corpus Christi Code. SECTION 4. The Corpus Christi Code, Chapter 55, Sec. 37, Subsection (d) is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: (d) If the GWRer OF Or,or-+Gr Of 7Yl iAd-1 1c+ri-Al fAGility Or iri rl s+ria' PFGGessiri..4rii+ utility customer fails to comply with this section, the City, at its discretion, can refuse to connect the in�',Tri facility 9F iRd is+Tial nrnnossin.. ,,ni+ utility customer or disconnect the property, facility, or unit from the City's water supply system. Failure to comply with the requirements of this section, including subsection (c), will result in termination of the water service. SECTION 5. The Corpus Christi Code, Chapter 14, Sec. 14-281- Plumbing Code, is amended by adding Subsection 608.17.1.11 to the International Plumbing Code to read as follows: 608.17.1.11 Carbonated beverage dispensers. A reducea pressure assembly backflow preventer is required when copper piping serves water to a carbonated beverage dispenser. The required backflow preventer shall comply with Texas Commission on Environmental Quality (TCEQ) public drinking water regulations. For TCEQ regulations, see 30 Texas. Administrative Code §290.47(f), Appendix F: Assessment of Hazards and Selection of Assemblies. When a carbonated beverage dispenser is not served by copper piping, an approved ASSE 1022 dual check with atmospheric vent backflow preventer (built into the carbonator assembly) may be used in lieu of the reduced pressure assembly. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. Penalties are as provided in Section 1-6 of the Corpus Christi Code. SECTION 9. This ordinance takes effect after official publication. 3 Ordinance-Builidng Permit Exemption and TCEQ Backflow Standard-updated 7.28.23 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 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 4 Ordinance-Builidng Permit Exemption and TCEQ Backflow Standard-updated 7.28.23 SC v AGENDA MEMORANDUM NORP00.P5 EO First Reading Ordinance for the City Council Meeting August 29, 2023 Ts52 Second Reading Ordinance for the City Council Meeting September 5, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 826-3232 Ordinance authorizing the execution of a five-year lease agreement with ARINC, Inc. for aeronautical radio services. CAPTION: Ordinance authorizing a five-year lease agreement with automatic renewal of two additional five-year terms with ARINC, Incorporated for space on the ground floor of the terminal building at the Corpus Christi International Airport. SUMMARY: The lease is for the purpose of maintaining and operating aeronautical communication equipment that provides air and ground data communications to aircraft operating two hundred nautical miles from Corpus Christi International Airport (CCIA). The term of the lease is for five years with two five-year renewals for storage space of 30 square feet at a cost of $2,712.90 annually. The space is located within a utility closet inside the Terminal Building. BACKGROUND AND FINDINGS: Aeronautical Radio, Incorporated, also known as ARINC, was founded in 1929 and is a cornerstone company that provides communication and systems engineering solutions for the aviation industry. The company is a long-time tenant of the airport and provides data and communications services to airline tenants. CCIA does not utilize any services provided by ARINC; the company has contracts with all incumbent airlines and federal agencies. ARINC's previous lease agreement expired, and new terms were negotiated with the company, including an escalation in rent resulting from a terminal rates and fees assessment completed in 2022. They are currently operating on a month-to-month basis until a new lease is agreed upon. ALTERNATIVES: Alternatives include allowing ARINC to operate on a month-to-month basis, or removing ARINC from the terminal building, losing the valuable service to airline tenants. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with a total annual rent revenue of $2,712.90 per year. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 Mission Element: 271 Project # (CIP Only): N/A Account: 320460 (Terminal Space Rental) RECOMMENDATION: City staff recommend approval of this action item. The Airport Board recommended approval of this action item at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing the City Manager to execute a lease agreement with ARINC, Incorporated for space on the ground floor of the Corpus Christi International Airport terminal building for a five-year term, with the option to renew for two additional five-year terms. 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 a lease agreement with ARINC, Incorporated for land and improvements to include the lease of equipment space in the terminal building at the Corpus Christi International Airport for a lease term of five years, with an option to renew for an additional five-year term. for the purpose of facilitating the provision of Lessee's aeronautical activities. SECTION 2. The lease agreement is effective upon approval of the City Council and execution by the City Manager, or his designee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20237 by the following vote: Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley The foregoing ordinance was read for the second time and passed finally on this the day of 20237 by the following vote: Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley PASSED AND APPROVED on this the day of , 2023. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor LEASE AGREEMENT ARINC Incorporated This use and lease agreement ("Lease") is made by and between the City of Corpus Christi ("City"), acting by and through its City Manager or his designee ("City Manager"), and ARINC, Incorporated ("Lessee"), a Delaware Corporation authorized to do business in Texas. WHEREAS, the City owns the Corpus Christi International Airport ("Airport") located in the city of Corpus Christi, Nueces County, Texas, and has authority to lease land and improvements at the Airport; WHEREAS, the Airport is managed by the Director of Aviation ("Aviation Director"); WHEREAS, the parties desire to enter into this Lease for land and improvements, to include the lease of equipment space at the terminal building, Corpus Christi International Airport, 1000 International Drive, Corpus Christi, Texas for the purpose of facilitating the provision of Lessee's aeronautical activities. NOW,THEREFORE, in consideration of the terms, conditions, and mutual covenants contained in this Lease, the City and Lessee agree as follows: Section 1. Premises. City leases to the Lessee a portion of the real property and existing improvements as depicted in the attached Exhibits A and B ("Premises"), such exhibits being incorporated by reference into this Lease as if fully set out here in their entireties, and which is physically located at the Corpus Christi International Airport Terminal Building, 1000 International Drive, Corpus Christi, Texas. The Premises includes a five-foot by six-foot area (30 square feet total) in a secure area on the ground floor of the Airport Terminal Building as depicted in Exhibit B attached hereto and incorporated herein by reference, as well as the right of use of rooftop space for antennas. Section 2. Term. The term of the Lease commences upon final approval by the Corpus Christi City Council and execution by the City Manager or his designee ("Effective Date") and continues for a sixty (60) month period from the Effective Date ("Initial Term"), unless earlier terminated by one of the parties in accordance with this Agreement. This Lease may be renewed for an additional sixty (60) month term upon the expiration of the initial term and a letter signed by each party agreeing to the renewal of the Lease Agreement. The Parties may agree in writing to a second sixty (60) month renewal term following the end of the first renewal term. All such renewal letters shall be signed by an authorized representative of each party. The amount of rent to be paid by Lessee during each renewal period will be set out in the signed letter authorizing the renewal of the LeaseAgreement. Section 3. Rent. A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, monthly rent for the Premises is as set out in Pages 1-2 of Exhibit B, attached hereto and incorporated herein by reference. This rental rate may be adjusted as provided in accordance with Subsection C below. Page 1 of 18 B. The initial monthly payment is due on the Effective Date of this Lease, and subsequent Lease payments are due on the first day of each month following the expiration of the initial month of the Lease. If the first day of a month falls on a Saturday, Sunday, or City holiday, the Lease payment is due the first business day following such closure. Lease payments must be mailed or delivered in person to the address shown in Section 26 of the Lease on or before the due date. If Lessee fails to remit the Lease payment due by close of business on the 10th of the month, a late fee of$200 per such incident will be assessed and is payable by Lessee. Lessee may choose to pay the annual amount due for the initial term of the Lease or, upon a valid exercise,for any exercised renewal term period in advance at any time. Notwithstanding the Lease rates set out in Exhibit B, the Lease amounts are subject to adjustment under subsections C and D of this section. C. Lease rates for all Airport real property have been updated for FY2022-23 for office and storage space and are detailed on Pages 1-2 of Exhibit B attached hereto and incorporated herein by reference. The square footage lease rate shall be adjusted annually by a 2% increase on October 1st of each fiscal year for the duration of the lease agreement. D. Fees and charges for miscellaneous items and services provided by the City including, but not limited to, employee badges, shall be assessed by the City in connection with ordinary usage of Airport facilities; such fees and charges are payable monthly in accordance with the provisions regarding the payment of rent in this section. E. All Lease payments, rentals, fees, and charges payable by Lessee to City under the terms of this Lease, whether or not expressly denominated as rent, shall constitute rent for all purposes including, but not limited to, purposes of the United States Bankruptcy Code. Section 4. City and Lessee Representatives. The Aviation Director is the City's representative to receive all rent, notices, and reports due under this Lease. The contact person for the Lessee is Teresa Armiger or Karen Murphy. Section 5. Use of Premises. A. Lessee shall have the right to use and occupy the Premises solely for the operation of Lessee's aeronautical operation, Lessee shall use the Premises for no other purpose without the prior written consent of the Aviation Director. B. Lessee may not use or occupy, permit the Premises to be used or occupied, nor do or permit anything to be done in, on, or at the Premises in a manner that would, in any way, void or make voidable any insurance then in force with respect to the Premises or operations at the same or that would make it impossible to obtain the insurance required to be furnished by Lessee under this Lease. C. Lessee will not make any unlawful use of the Premises nor permit any unlawful use thereof and will not commit, or permit anyone else to commit, any act which is a nuisance or annoyance to the City or adjacent property owners or tenants, or which might, in City's sole judgment, appreciably damage City's goodwill or reputation or tend to injure or depreciate the value of the Premises or any improvements located thereon. Lessee will comply with all terms and conditions contained in the Minimum Standards adopted by the City, as may be amended from time to time. Page 2 of 18 D. Lessee acknowledges and agrees that the City reserves the right to temporarily use the Premises, at no cost to the City, as a pre- or post-emergency evacuation, storage, or operations facility if deemed necessary by the City Manager. E. City is not required to make any expenditure nor incur any obligation or liability of any kind whatsoever in connection with the financing, construction, maintenance, or repair of the Premises. F. If the Premises is partially damaged due to acts of God, fire, or other casualty to the extent that Lessee cannot use that portion of the Premises for its intended purpose, then, at Lessee's option, this Lease may be suspended or terminated until the damage is repaired. If the Lease is suspended, Lessee and City will mutually agree on a time period for Lessee or Lessor, as the case may be, to repair the damages to the Premises. If the Lease is terminated, the rent will be abated from the date of the casualty, provided, however, that Lessee must use its insurance proceeds to repair or replace the damaged Premises. Any remaining insurance proceeds after all repair costs have been expended and the Premises restored will be paid to Lessee. The City Manager is the sole judge of the extent of damage to the Premises. Section 6. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole cost; provided, however, that the Lessee has obtained the Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification display, which consent shall not be unreasonably withheld or delayed. Section 7. Right to Amend. If the FAA or its successor agency requires modifications or amendments to this Lease as a condition precedent to the granting of funds to the City for Airport improvements, Lessee agrees to consent to the modifications or amendments to the Lease as may be reasonably required, provided, however, Lessee will not be required to pay any increased rent, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and Airport have fully executed an amendment to this Lease that is mutually satisfactory to both parties regarding any terms or conditions of this Lease affected by said actions of the FAA. Section 8. Subordination to U.S./FAA Requirements; Nonexclusive Rights. This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 8 or under Section7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. It is understood and agreed that nothing contained in this Lease shall be construed to grant to Lessee any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act, as amended, for the conduct of any activity on the Airport, except that, subject to the terms and provisions hereof, Lessee shall have the right to exclusive possession of the leased Premises. Page 3 of 18 Section 9. Development of Improvements A. Lessee shall not construct improvements upon the Premises without the prior written approval of the Aviation Director and the City's Director of Engineering Services. Additional improvements may be subject to execution of an amendment to this Lease. Where required by law, approval of the City is subject to the concurrence of the FAA. Any additional improvements must substantially comply with the plans and specifications approved by the City and FAA, if applicable. Notwithstanding anything in this Lease which may be construed to the contrary, Lessor and Lessee agree that Lessor's prior written consent is not required in order for Lessee to exchange, replace, maintain, repair or add items of aeronautical communications equipment, including but not limited to VHF radios and antennas, within the extent of the leased Premises However, Lessee must notify the City in writing any time that Lessee adds any new or additional equipment to the Leased Premises. B. If Lessee desires to make any modifications or to construct new improvements in, at, on, or to the Premises, Lessee may do so at its sole expense and in conformity with the requirements in this subsection and elsewhere in this Lease. Lessee must provide a written request to the Aviation Director in advance for written approval prior to any modification and/or construction work being performed along with a complete set of plans and specifications and the name of the contractor and subcontractors. Approval or disapproval will be provided in writing to Lessee by the Aviation Director within 30 calendar days of Lessee's full and complete submission. Upon approval, Lessee may be authorized to proceed with the improvements at Lessee's sole expense and risk, subject to compliance with any additional insurance, permitting, or other requirements necessary to be imposed on the project. The City reserves the right to have the Premises, or any portion thereof, returned to its original condition at the termination of this Lease, normal wear and tear excepted, at Lessee's sole expense. Before commencing any new improvement, modification, work, or equipment installation on the Premises, Lessee shall procure and maintain and shall require all contractors and subcontractors to procure and maintain insurance of the types and levels as determined by the City's Risk Manager. for the duration of the approved project. C. If Lessee's proposed development or improvements to the Leased Premises is approved by the Aviation Director and the City's Director of Engineering, the City will work with Lessee to study the existing infrastructure serving the Leased Premises. If additional infrastructure improvements need to be made to accommodate the new improvements, the City will provide sufficiently sized infrastructure up to the leased parcels at no cost to the Lessee including water, sewer, electricity, and storm drainage. D. ANY APPROVALS BY CITY UNDER THIS SECTION INCLUDING, BUT NOT LIMITED TO, APPROVALS OF PLANS AND SPECIFICATIONS, INSPECTION OF WORK, DESIGN, OR CONSTRUCTION ARE NOT TO BE CONSTRUED AS A REPRESENTATION, WARRANTY, OR STATEMENT AS TO THE QUALITY, SOUNDNESS, OR SAFETY OF THE DESIGN AND CONSTRUCTION OF ANY OF THE IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE EXISTING IMPROVEMENTS) OR FACILITIES RELATED THERETO. E. When required by the City, Lessee will furnish to the City two sets of complete plans and specifications for improvements, and no work will be done on said improvements without prior written approval of such plans by the City, acting through its Aviation Director and its Director of Engineering Services. Page 4 of 18 F. Upon termination or expiration of this Lease, ownership of the improvements constructed by Lessee on the Premises reverts to the City free and clear of all liens, claims, and other encumbrances or adverse interest in the Premises or the Improvements located thereon. Section 10. Lessee's Repair and Maintenance Obligations. A. Premises. Lessee, at its own expense, shall maintain the Premises and improvements in good appearance and in a condition no less than the equivalent condition as of the Effective Date. Lessee shall maintain all leasehold improvements on the Premises that were constructed by Lessee (including, without limitation: walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). Lessee shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and improvements in a clean, attractive, and sanitary condition at all times, including providing necessary pest control of the Premises either through regularly utilizing the services of a State-licensed pest control service or engaging in the self-administration of federally approved products to control all nature of pests, insects, and vermin. Lessee shall repair any and all damage caused to real and personal property of City occurring on the Premises as a result of the willful or negligent acts or omissions of Lessee, its officers, employees, agents, guests, or invitees in maintaining the Premises. B. Quality of Maintenance. It is the intent of the City and Lessee that the Premises and improvements will be repaired and maintained in a manner that shall keep the improvements in good repair, and in a condition so the Improvements will be usable at the end of the Lease. Lessee must comply with the maintenance obligations and with all applicable governmental laws, rules, or regulations. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other properties. The Aviation Director may at any time, during City's normal business hours, upon prior written notice unless an emergency exists, enter upon the Premises to inspect and determine if the maintenance requirements of this Lease are being complied with by Lessee. The Aviation Director must notify Lessee in writing of any default in maintenance or repair. If the required maintenance or repair in the Aviation Director's notice to Lessee is not commenced within 10 business days after receipt of such written notice, or is not diligently prosecuted to completion, the Aviation Director may, but is not obligated to do so, enter upon the Premises and perform the subject maintenance or repair. Lessee agrees to reimburse the Airport for its cost plus a 15% administrative fee within 30 days after the Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. Lessee will develop, within 30 days of execution of this Lease, a preventative maintenance plan regarding the improvements and provide a copy to the Aviation Director. C. Correct Hazards. Lessee must immediately corrector cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director. At the Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. Page 5 of 18 Section 11. Security. A. Lessee, its officers, employees, agents, contractors, and invitees must comply at all times with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. B. Lessee is responsible for obtaining and providing its own security of the Premises, including security guard service, installation and operation of surveillance cameras, and daily security of its facilities. The Aviation Director, or his authorized designee, will grantsecurity access to gates and facilities as needed. Lessee is responsible for identifying and communicating which of Lessee's personnel need to be granted access and/or have such granted access revoked. C. Subject to Lessee's compliance with applicable security rules and regulations, Lessee shall have access to the Premises 24 hours a day, 7 days a week, for purposes of repair and maintenance. Section 12. 14 CFR Part 77 Requirements. Lessee covenants to comply with the notification and review requirements set out in Part 77 of the FAA Regulations (14 CFR Part 77), as amended, if Lessee plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed on the Premises as an Improvement. Section 13. Control of Structures. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). Section 14. Hazardous Substances and Materials. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); Page 6 of 18 4) Any substance, material or waste defined as a "regulated substance" pursuantto Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director,within five business days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). Page 7of18 Section 15. Nondiscrimination/Affirmative Action. A. Nondiscrimination-General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination-Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor(Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub- organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. Page 8of18 Section 16. Compliance with Laws. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State and Local. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. Lessee shall also comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. Section 17. Acceptance of Premises Disclaimer. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS,ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. Section 18. Fiscal Year. By execution of this Lease, Lessee acknowledges that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the City Council for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to Lessee that a budget item providing for this Lease in any future fiscal budget will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. Section 19. City's Obligations. A. City agrees to operate the Corpus Christi International Airport as a public airport during the term of this Lease, subject to the assurances given by the City to the United States Government. Page 9 of 18 B. The City shall provide electric service to the Premises and the cost thereof will be deemed to be included in the rent. Except for electric power, Lessee must directly procure and pay for all utility usage, such as gas, water, cable, internet and telephone services, that are supplied to the Premises during the term of the Lease Agreement as the charges become due and payable. Lessee shall also pay any and all connection fees and additional costs related to utility metering, maintenance, and repair. IN NO EVENT WILL THE CITY BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY UTILITIES TO THE PREMISES, INCLUDING THOSE WHICH THE CITY HAS AGREED TO FURNISH. C. The City shall provide reasonable notice if ingress and egress to the Premises will be interrupted due to maintenance. If City causes Lessee's ingress or egress to be interrupted for more than 48 hours, the City will consider rent reduction for days of non-use. Section 20. Insurance. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out in the attached Exhibit C, the content of which is incorporated into this Lease as if set out herein in its entirety. Lessee must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager annually. The Risk Manager will annually assess the level and types of insurance required by the Lessee. The Risk Manager may increase or decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee shall have 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director and Risk Manager. Section 21. Indemnification. A. LESSEE SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, REASONABLE ATTORNEYS' FEES,AND EXPERT WITNESS FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS LEASE OR THE PERFORMANCE OF THIS LEASE, 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 OR PARTY. LESSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM OR OUT OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF LESSEE UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Page 10 of 18 B. Notice of Claim or Action. Notwithstanding the above indemnifications, Lessee must give the Aviation Director and Risk Manager written notice of any accident or other matter covered under this section and forward to the Aviation Director and Risk Manager copies of every notice, demand, claim, summons, or other process communication received by Lessee. C. Notice by Indemnitees. The foregoing indemnity is conditioned upon Indemnitees providing notice to Lessee within sixty(60)days after Indemnitees receive notice of any claim or occurrence that is likely to give rise to any claim or the like that will fall within the scope of the foregoing indemnity and cooperating with Lessee in any defense or settlement of such claim or liability. Section 22. Assignment; Sublease. A. Lessee shall not assign this Lease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest, or grant any concession or license within the Premises without the express prior written consent of the City, such consent being within the sole discretion of the City, and any attempt to do any of the foregoing shall be void and of no effect. In the event of any such assignment or sublease, attempted assignment or sublease, or should Lessee, in any other nature of transaction, allow or attempt to allow anyone to occupy the Premises or any portion thereof, City shall upon such occurrence have the right and option to terminate and cancel this Lease effective upon 10 days written notice to Lessee given by City at any time thereafter, and City may terminate and cancel either as to the entire Premises or as to only the portion thereof which Lessee assigned, subleased, attempted to assign or sublease, or otherwise allowed some other party's occupancy. Lessee shall be liable for payment of the fair market value of rents for the portion of the Premises used without consent of the City, such fair market value to be determined by resort and review of the Airport's current property appraisal report. In the event the City elects to terminate this Lease as to the aforesaid portion of the Premises, then the rent as to the remainder of the Premises may thereafter be reduced as appropriate and as determined by the City. This prohibition against assigning, subletting, attempting to assign or sublet, and allowing or attempting to allow occupancy by another without the City's consent is to be construed to include a prohibition against any assignment, subletting, or occupancy by operation of law. B. In any event where the City consents to a sublease of the leasehold, Lessee will remain liable for the performance of all terms, conditions, covenants, duties, and obligations of this Lease including, without limitation, the obligation to pay any and all sums required by this Lease to be paid and faithful adherence and performance of all indemnity provisions provided in this Lease, unless and until Lessee has been released from such liability in writing by the City Council. C. Notwithstanding the prohibitions against assignment or subleasing the Premises contained in this Section 22, the parties acknowledge and agree the Lessee may, without the City's prior consent, assign this Lease or sublease the whole of the Premises to (1) Lessee's corporate parent or subsidiary; or (2) to an affiliate company which is majority owned by Lessee or its parent or is a subsidiary of Lessee's parent which is under common control with Lessee. The Lessee shall provide the Aviation Director with notice of any such assignment or subletting. Page 11 of 18 D. The City Council may, during any term of this Lease, assign this Lease without consent of the Lessee. in the event the City takes steps to finalize an assignment of this Lease, Lessee will be provided with advance written notice of the assignment not less than 30 days prior to the effective date of an assignment. Any such assignment by the City is deemed to include the single sublease entered into by Lessee pursuant to subsection C above. Section 23. Termination. A. Termination by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Lessee (i) by providing written notice as specified in Section 26 within 60 days of the annual anniversary date of the Effective Date or (ii) at any time upon the occurrence of one or more of the following events: 1) The City's permanent abandonment of the Airport; 2) The lawful assumption by the U.S. Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or of any substantial part or parts thereof, which substantially restricts the Lessee from operating at the Premises for a minimum of 180 calendar days; 3) The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 180 days; or 4) The default by the City in the performance of any covenant or obligation to be performed by the City and such failure to remedy the default continues for a period in excess of 60 days after receipt from Lessee of written notice to remedy the same. B. Termination by City. Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Lessee: 1) Is in arrears in paying the rent, fees, or other charges due under the Lease for 10 business days after written notice; 2) Becomes insolvent; takes the benefit of any present or future insolvency statute; makes a general assignment for the benefit of creditors; files a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof; or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; 3) Has a petition filed under any part of the federal bankruptcy laws, or an action sought under any present or future insolvency law or statute, against Lessee and which is not dismissed within 30 days after the filing date; 4) Abandons the Premises ["abandon" means failing to use the Premises for aeronautical activities and services as defined in current FAA Order 5190.613 FAA Airport Compliance Manual) for a period in excess of 90 days; or Page 12 of 18 5) Otherwise defaults in the performance of any of other material covenant of this Lease and continues the default for 30 days, or such other time as may be provided herein, after receipt of written notice from the Aviation Director of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice of default, Lessee shall not be deemed in default if Lessee commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion within a reasonable time period as agreed to by the Aviation Director; otherwise, Lessee will be determined to be in default. C. Termination for Convenience-The City or the Lessee may terminate this Lease Agreement at any time for convenience upon giving at least ninety (90) days' notice to the other party. Any rent that has been paid in advance by Lessee shall be reimbursed in the event the City terminates for convenience. D. City's Right to Entry upon Termination. If the Lease is terminated, the City may enter upon the Premises. In the event of termination, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Lessee. Excluding personal property provided at the Premises by the City which forms part of the granted use under this Lease, all personal property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given, or which may be given, to City but is in addition thereto. in the case of termination by either party, if Lessee fails to remove any of its furniture, fixtures, equipment, or other personal property from the Premises within 10 days following the termination of this Lease, Aviation Director may, at his option, take title to said personal property, remove the same, and sell the property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. To the extent allowed by law, Lessee further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any loss ordamage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. E. Notice of Termination. If an event a material default occurs, and after due written notice identifying the default, the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than 10 business days after the postmarked date of the notice. F. Improvements Revert to City. Except for the right of Lessee to remove personal property at the expiration of the Lease, ownership of all improvements placed or constructed on the Premises by Lessee revert to the City upon the expiration or earlier termination of this Lease. Page 13 of 18 Section 24. Re-delivery of Premises. Upon the expiration or earlier termination of this Lease, Lessee shall deliver the Premises to the City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear excepted. Section 25. Holdover. Upon the Aviation Director's advance written consent, any holding over by Lessee of the Premises after the expiration of this Lease, or the then-applicable renewal period of this Lease,will be as a month-to-month tenancy at sufferance not to exceed six months, upon all the terms and conditions set out in this Lease, except that rent shall be paid to the City by Lessee at 125% of the then-current rental rate in effect, and the Premises remains subject to surrender by the Lessee upon 30 days' prior written notice from the City, acting through the Aviation Director. It is expressly agreed that acceptance by the City of any holdover monthly rental payment under this Lease shall not operate to give Lessee any right to remain in possession beyond the period for which such amount has been paid nor shall it constitute a waiver by the City of its right to immediate possession thereafter, for which Lessee shall not fail or refuse to surrender possession. Section 26. Notices. A. With the exception of notices to be provided to the City under the hazardous materials/substances provision of Section 17 and the indemnification provisions of Section 21 of this Lease, all notices required to be sent under this Lease are deemed sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or delivered in person, and properly addressed as indicated below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 With a copy to: City Attorney's Office P.O. Box 9277 Corpus Christi, Texas 78469-9277 If 12 Lessee: ARINC Incorporated 2551 Riva Road, MS 5-1 B-35 Annapolis, MD 21401-7435 Attn: Real Estate Dept. And/or an email copy to: teresa.armi.ger@collins.com B. Either party may change the address to which notice must be addressed under this section by providing the other party with notice of the new address via any of the methods set out in this section. Page 14 of 18 Section 27. Disclosure of Interest; Form 1295. A. The City's Code of Ordinances, Section 2-349, as amended, requires all persons seeking to do business with the City to complete and provide a "Disclosure of Interest" form of the type attached to this Lease as Exhibit D. The content of the completed Exhibit D by Lessee is incorporated into this Lease by reference as if fully set out in this section. Lessee is obligated to provide an updated Disclosure of Interest should any information submitted in Exhibit D and incorporated into this Lease by reference change during the pendency of this Lease for approval by the City Council and prior to the City's execution of the same. B. Additionally, Lessee agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement, if so required by Texas law. Section 28. General Provisions. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and further reserves the right to conduct and/or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture; Cumulative Remedies. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever does not waive City's or Lessee's right thereafter to declare a forfeiture for the same or a succeeding breach or default. The failure of either party ever to insist upon the strict performance of any covenant of this Lease, or to exercise any option contained in this Lease, shall not be construed as its future waiver or relinquishment thereof. City's receipt of rent and fee payments from Lessee, with knowledge of the breach of any covenant of this Lease, shall not be deemed a waiver of such breach. Furthermore, the specific remedies of the parties under this Lease are cumulative and do not exclude any other remedies to which they may be lawfully entitled, in the event of a breach or threatened breach of this Lease. C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and may adopt any rules and regulations ("Rules and Regulations"), necessary which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated by reference as if set out here in their entireties. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter the Minimum Standards and any Rules and Regulations from time to time in a Page 15 of 18 reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third-Party Benefit; Relationship of Parties. No provision of this Lease creates a third-party claim against the City nor the Lessee beyond that which may legally exist in the absence of any such provision. Nothing contained in this Lease shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers, or any similar such relationship between the parties to this Lease. It is understood and agreed that neither the method of computation or rent, charges, or fees, nor of any other provision contained in this Lease, nor any acts of the parties hereto, creates a relationship other than one of lessor and lessee or of landlord and tenant. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses needed for the conduct of its business and operations at the Airport pursuant to this Lease; shall pay, on or before their respective due dates, all charges, fees, and taxes including, but not limited to, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, as well as all federal, State, and local taxes; and shall give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee shall also maintain and provide to the Aviation Director, upon request, current status of all federal, State, and local licenses and permits required for its operation and business in any way related to the Premises. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation.Any obligations of the Lessee required bythis Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Liens. Lessee shall not suffer nor permit any mechanics', materialman's', or other liens to be filed against the fee of the Premises or against Lessee's leasehold interest in the land, buildings, or improvements thereon by reason of any work, labor, services, or materials supplied, or claimed to have been supplied, to Lessee or to anyone holding the Premises, or any part thereof, through or under this Lease. Should any such lien be recorded against the Premises, Lessee shall cause the same to be discharged and removed. Page 16 of 18 K. Amendments. This Lease, together with its authorizing ordinance, constitutesthe entire agreement between the parties. No amendment, modification, or alteration of the terms and conditions of this Lease shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by authorized parties as this Lease or the City's City Charter may allow. L. Severability. If any clause or provision of this Lease is held illegal, invalid, or unenforceable under present of future laws, it is the parties' intention that the remainder of this Lease not be affected, and, in lieu of each clause or provision that is illegal, invalid, or unenforceable, the parties intend that there be added, as a part of this Lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision, as may be possible, yet be legal, valid, and enforceable. M. Captions. The captions of the provisions contained in this Lease document are for convenience of reference and are not intended to define, extend, or limit the scope of any provision of this Lease. N. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. Page 17 of 18 EXECUTED IN DUPLICATE ORIGINALS on the dates indicated below. CITY OF CORPUS CHRISTI ARINC, Incorporated Heather Hurlbert By; Susan Kee an Assistant City Manager Title: Vice President Date: Date: _07 1 lu),3 ATTEST: Rebecca Huerta City Secretary Approved as to form: Assistant City Attorney for Miles Risley, City Attorney ATTACHED A NQWCORPORATED BY REFERULQFZ. Exhibit A— Corpus Christi International Airport (Aerial) Exhibit B — Premises (Drawing) Exhibit C — Insurance Requirements Exhibit D — Disclosure of Interest Page 18 of 18 m E o E � N *. C N a c m w m w rtr o CL CL L n m a a a 0 z �i P w a � C v T a J a .o. 'O d E r rl 5 i e 02 CL JR r _ � C r �Ul Q r[ �Li c EL G L Q) ° V 4 � 4 � w p z - � 7 C c0 " Ef ce GO it T CM cwczm (f s t`v o a Q m NINI t t \� [� II * �F y hhh..f r •r � -� �+� � � i1 T T" ,I a 14f• ±�. �, rm , R w� m rf E OANk Nyxr Xam o f LU 01 C $ r �• eP it R 1 Cl) ti z 6 e L' o leo 4 .� Q Q �1\ V o 4 r I �jjr V *' E u i. '. o C ) k d d � a 2 � � y y Q � ) LU f C § Z a R � � � H ® - / I a § ■ $ ro ® LD % C Eu 2E 666 Lo 0 k s - a J k z a 2 © - k S \ I ■ 7 U o « | LL c ° w71 2 g _ ! A I Mi ! � $ U) | | | ) I z t | o C Q � E uOkEL E V £ w z **4> 14 ■ EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee 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 1. Commercial Broad Form 2. Premises Operations 3. Products Completed Operations $5,000,000 Per Occurrence E] 4. Contractual Liability 5. Independent Contractors $10,000,000 Per Occurrence ❑ 6. Personal Injury- Advertising Injury Required ® Not Required ❑ AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Required ® Not Required ❑ WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $1,000,000 '$1,000,000 $1,000,000 Required ® Not Required ❑ PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. Required ® Not Required El Su6cantractors Lessee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Lessee shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. Required ® Not Required 0 C. In the event of accidents of any kind related to this agreement, Lessee 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, Lessee 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 Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Lessee'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. Lessee 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. Lessee 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. Lessee 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 must 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. In addition to any other remedies the City may have upon Lessee'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 Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2023 Insurance Requirements Exhibit Corpus Christi International Airport Lease Agreement for ARINC, Inc. Aeronautical Radio 3 3 2023 Risk Management Legal Dept. NN $ ATTACHMENT D: DISCLOSURE OF INTEREST FORM CITY OF 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, COMPANY NAME: ARINC Incorporated P. O. BOX: STREET ADDRESS: 2551 Riva Road CITY: Annapolis STATE: MD ZIP: 21401 -7435 FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner ❑ 4. Association 5.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) NIA- none known 2. State the names of each "official" of the City 9f Corpus Christi having an "ownership interest" constituting 3%,or more of the ownership in the above named "firm." Name Title NIA - none known 3. State a names of each oar member of the -City of Corpus Christi aving an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Board, Commission or Committee NIA - none known 4. State the names of each employee or officer of a "consultant" for the City of Corpus Chris i who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%Q or more of the ownership in the above named "firm." Name Consultant NIA - none known Page 1 of 2 RFQ Revised 4.19.2019 FILING REQUIREMENTS If a person who requests official action on a matter knows which the requested action will confer an economic benefit on any City official or employee which is distinguishable from the effect which the action will have on members of the public in general or a substantial segment thereof, you must disclose which fact in a signed writing to the City official, employee or body which has beenrequested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure must also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify which all information provided is true and correct as of the date of this statement, which I have not knowingly withheld disclosure of any information requested; and which supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Susan Keegan Title. Vice President Signature of Certifying Person: Date: 01 10 'L�)L3 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 which is likely to affect an economic interest if V's likely to have an effect on which interest which 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. Page 2 of 2 RFQ Revised 4.19.2019 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 0f l Complete Nos.1-4 and 6 if there are intere;ted 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 forth,and the city,state and country of the business entity's place Certificate Number: of business, 12023-1045170 ARINC Incorporated Annapolis, MD United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 07/12/2023 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. None Lease of space at the Corpus Christi International Airport. 4 Nature of interest Name of Interested Parry City,State,Country(place of business (check applicable) Controlling Intermediary NIA-the entity is a subsidiary of a publ cly traded corporation 5 Check only if there is NO Interested Party. X❑ The entity is a subsidiary of a publicly traded corporation. 6 UNSWORN DECLARATION Undisclosed(we do not disclose My name is Susan Keeganpersonal identifiable and my date of birth is information My address is do ARINC Incorporated,2551 Riva Road Annapolis MD 21401-7435 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Anne Arundel County, State of Maryland on the L "da ., Y of Ju��,2o23 (month) (year) Signature of authorize ent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.ai8ea2ca CCI A AUM Corpus Christi International Airport ARINC, Inc. Lease Agreement Council Presentation August 29, 2023 CCIA Lease Agreement Corpus Christi International Airport • ARINC, Inc. will lease the storage area for the purpose of maintaining and operating aeronautical communication equipment which provides air and ground data communications to aircraft within 200 nautical miles of the airport. • The term of the lease is for five years with two five-year renewals for storage space of 30 square feet at a cost of$2,712.90 annually. The space is located within a utility closet inside the Terminal Building. • ARINC, Inc. will be subject to any rate adjustment based on current and future terminal rate assessments. Cr! Proposed Lease Agreement Corpus Christi International Airport �- • The term of the lease is for five years with n two five-year renewals for storage space of -4-00- 30 4 -30 square feet at a cost of$2,712.90 annually. The space is located within a utility closet inside the Terminal Building. • City Staff recommends approval of the five- 1 flail year lease agreement. I • The Airport Board recommended approval of the lease agreement at their regular s scheduled meeting that took place on May ~^ 31, 2023. 3 �vs cr �o 0 v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of August 29, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure wesleyna-cctexas.com (361) 826-3111 Relocation and Reimbursement Agreement with Port of Corpus Christi Authority Ship Channel Waterline Removal and Relocation CAPTION: Resolution authorizing an Interlocal Cooperation Agreement with Port of Corpus Christi Authority to reimburse $7,117,722.95 to the City for related engineering and construction costs associated with the removal of two 16-inch waterlines and the installation of a new 24-inch waterline crossing the Corpus Christi Ship Channel located in City Council District 1. SUMMARY: This item authorizes an Interlocal Cooperation Agreement (ILA) with City of Corpus Christi (City) and Port of Corpus Christi Authority (POCCA) to reimburse $7,117,722.95 to the City for engineering design and construction costs for the removal of two 16-inch waterlines crossing CCSC at Avery Point and the installation of a 24-inch waterline crossing CCSC at the Tule Lake Turning Basin. BACKGROUND AND FINDINGS: The United States Army Corps of Engineers (USACE) and POCCA are widening and deepening the Ship Channel. On April 23, 2018, USACE notified the City to remove the existing twin 16-inch water mains crossing the Ship Channel by January 1, 2019, due to conflict with proposed improvements. The City responded to the directive on June 13, 2018, stating the deadline was unrealistic due to multiple reasons and requested an extension. In February 2020, the City executed a contract with TTL, Inc. for the removal of the waterlines. The project scope included removal of two 16-inch potable waterlines in the CCSC at Avery Point. In June 2023, the City awarded a construction contract to Miller Bros. for the installation of the waterline. This project scope includes the installation of a new 24-inch waterline beneath the Ship Channel at Tule Lake. The scope also includes a new 8-inch gas line to be installed beneath the Ship Channel parallel to the new waterline. The 24-inch waterline is approximately 6,800 linear feet and requires a combination of construction techniques, including horizontal directional drilling (HDD), open trench, and auger bore. The 8-inch gas line is approximately 6,850 linear feet and requires a combination of HDD and open trench construction methods. The ILA will reimburse the City 50% of the actual costs to include planning, engineering and design, project management, geotechnical, environmental, cultural and engineering studies, surveying, removing the two existing 16-inch waterlines and installation of a new 24-inch waterline, regulatory approvals, permitting, scheduling, material procurement, construction, construction management, inspection, non-destructive testing, and site restoration. The work will be split into two phases: Phase I, the removal of the 16-in waterlines, and Phase II, the installation of the new waterlines. The reimbursement payments will occur at 100% of the eligible reimbursement costs at the end of Phase I, and the remaining costs will occur quarterly throughout the duration of Phase II. ALTERNATIVES: City Council could reject the ILA which would result in the City being responsible for design and construction costs for the removal of the two existing 16-inch waterlines and the installation of the 24-inch waterline. FISCAL IMPACT: If approved by Council, the fiscal impact in FY 2023 is an amount of$7,117,722.95. FUNDING DETAIL: Fund: Water CIP (Fund 4080) Department: Water (45) Organization: Grant & Capital Project Funds (89) Project: Ship Channel Waterline Removal and Relocation (Project No. 18156) Account: Construction (550910) Activity: 18156A-4080-EXP Amount: $7,117,722.95 RECOMMENDATION: Staff recommends approval of ILA. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Resolution Interlocal Cooperation Agreement Resolution authorizing an Interlocal Cooperation Agreement with Port of Corpus Christi Authority to reimburse $7,117,722.95 to the City for related engineering and construction costs associated with the removal of two 16-inch waterlines and the installation of a new 24-inch waterline crossing the Corpus Christi Ship Channel located in City Council District 1. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with Port of Corpus Christi Authority for reimbursement of costs to relocate the City's two 16-inch waterlines that cross the Corpus Christi Ship Channel. SECTION 2. That the City Manager or designee is delegated authority to amend the agreement. PASSED AND APPROVED on the day of , 2021 Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Execution Version RELOCATION AND REIMBURSEMENT AGREEMENT This Relocation and Reimbursement Agreement("Agreement") is made and entered into and effective this the 15th day of August 2023 (the"Effective Date"), by and between the City of Corpus Christi, Texas, a Texas home-rule municipality (the"City") and the Port of Corpus Christi Authority of Nueces County, Texas (the"Authority"). WITNESSETH: WHEREAS, City is the owner of two 16-inch water pipelines (the "Facilities") crossing the Corpus Christi Ship Channel by virtue of the following described easement: By virtue of a certain Pipeline Easement, dated August 10, 2004, and recorded in Nueces County as Doc# 2004043058 (herein, "Existing Easement"); and WHEREAS, the U.S. Army Corps of Engineers, Galveston District("Government"),has commenced construction of the congressionally authorized deepening and widening of the Corpus Christi Ship Channel which generally consists of deepening the existing Corpus Christi Ship Channel ("CCSC") from the Viola Turning Basin to the end of the jetties in the Gulf of Mexico (approximately 34 miles) from -47 feet Mean Lower Low Water (MLLW) to -54 feet MLLW, deepening and extending the remainder of the CCSC into the Gulf of Mexico (approximately 2 miles)from -49 feet MLLW to-56 feet MLLW,widening the CCSC to 530 feet through the Upper Bay and Lower Bay reaches (approximately 20 miles), and constructing 200-foot wide barge shelves to -14 feet MLLW on both sides of the CCSC (approximately 10 miles) across Corpus Christi Bay (the "Channel Improvement Project"); and WHEREAS, Section 1001(40)(B) of the Water Resources Development Act of 2007 ("WRDA 2007") directs the Government to exercise navigational servitude on the CCSC, including the removal or relocation of any facility obstructing the Channel Improvement Project; and WHEREAS, by letter from the Government to City received February 20, 2019, the Government directed City to remove or relocate the above-described Facilities by January 2021 (the "Federal Removal Deadline") to accommodate construction of the Channel Improvement Project; and WHEREAS,WRDA 2007,which originally authorized the Channel Improvement Project, states that "the Secretary shall enforce the navigational servitude ... (including the removal or relocation of any facility obstructing the project) consistent with the cost sharing requirements of section 101" of the Water Resources Development Act of 1986 ("WRDA 1986"); Pub. Law 110- 114 § 1001(40)(B) (Nov. 8, 2007); and WHEREAS, Section 101(a)(4)of the WRDA 1986 provides that the"non-Federal interests for a project ... shall perform or assure the performance of all relocations of utilities necessary to carry out the project, except that in the case of a project for a deep-draft harbor ..., one-half of the cost of each such relocation shall be borne by the owner of the facility being relocated and one- 352607 Page I of 8 Execution Version half of the cost of each such relocation shall be borne by the non-Federal interests." 33 U.S.C. § 2211(a)(4); and WHEREAS, Section 101(a)(4) of the WRDA 1986 goes on to define the "deep-draft harbor" as a harbor which authorized to be constructed to a depth of more than 45 feet, 33 U.S.C. § 2241(1); and WHEREAS, the transfer of the existing Facilities, to a new location is a relocation project for purposes of the WRDA 1986 and, thus, the Authority, as the Non—Federal Sponsor of a deep port channel relocation project, is required to pay 50% of the cost of relocation — including both the removal and installation activities associated with the Facilities; and WHEREAS, in September 2017, the Government and the Authority signed a Project Partnership Agreement ("PPA") that governs the terms and conditions under which the Government is undertaking the Channel Improvement Project, including inter alia, a requirement that the Authority and City"shall share equally in the cost of the relocation." PPA, Art. II(J); and WHEREAS, City, under the terms hereinafter stated, agrees to remove the existing Facilities and relocate the Facilities to accommodate the Channel Improvement Project, provided that Authority reimburses City fifty percent (50%) of its actual costs in performing the removal and installation activities; and WHEREAS, relocation of the Facilities requires a new pipeline easement from the Authority,which new pipeline easement has been granted and is attached hereto in Exhibit A (the "New Easement"), and which New Easement was granted by the Authority to the City at no cost in exchange for the covenants contained herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed and in consideration of the promises and mutual covenants herein contained, the Parties agree as follows: 1. City hereby agrees to perform, or cause to be performed, the work identified in the Scope of Work, attached hereto as Exhibit B, necessary to remove and relocate the Facilities to accommodate the Channel Improvement Project. City shall complete the work in two separate phases as identified in Exhibit B: Phase I which is the removal of the two existing 16" pipelines and Phase II which is the installation of the new 24" pipeline. For the purposes of this Agreement, "relocate" or "Relocation" means the alteration, lowering, raising, or replacement and attendant demolition of the Facilities,including,but not limited to, planning, engineering and design, project management, geotechnical, environmental, cultural and engineering studies, surveying, removing the existing pipeline facilities and the installation of a new 24" pipeline and functional equivalence to the Facilities, and securing land rights for the relocation of the Facilities, regulatory approvals, permitting, scheduling, material procurement, construction, construction management, inspection, non-destructive testing, and site restoration (collectively, the "Relocation Work"). 2. Prior to commencement of its activities to relocate the Facilities, City will furnish 352607 Page 2 of 8 Execution Version Authority with a detailed set of plans for the construction of the relocated Facilities (the "Plans")for the Authority's approval, which approval shall not be unreasonably withheld nor unreasonably delayed. The Plans must be prepared in a standard engineering format and must be signed and sealed by a Professional Engineer registered in the State of Texas. 3. Prior to the installation of the Facilities as defined in Exhibit B, City shall furnish Authority's Director of Engineering "issued-for-construction" drawings for the Facilities provided to its construction contractors for the construction of the Facilities, as well as, any subsequent revisions thereto. Upon completion of the installation of the Facilities in the New Easement, City shall provide an as-built drawing depicting and describing (by metes and bounds) the as-built location of the Facilities. For any segment of the Facilities installed utilizing horizontal directional drilling ("HDD") methods, City agrees to survey by smart pig or similar technology and to include in the as-built drawings all x, y, and z, coordinates for each segment of Facilities installed by HDD methods. 4. The estimated cost of the Relocation Work is $14,235,445.90, as further delineated in Exhibit C (the "Estimated Costs"), as reasonably estimated by City. City and Authority acknowledge that the Estimated Costs shall not be considered a maximum or minimum and that the actual cost of the Relocation Work may be more or less than the Estimated Costs. 5. Authority shall reimburse City fifty percent (50%) of the actual costs arising from the Relocation Work (the "Relocation Costs"). Relocation Costs are those necessary to provide a functionally equivalent Facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. Relocation Costs include the following costs paid by City: (a). Costs of contractors as defined under any construction or contractor agreements, supplemental agreements and change orders, and/or under invoices, bills, and other demands for payment made by contractors for work, material, right of way remediation and other services provided by the contractor in association with planning and implementing the Relocation Work. (b). Costs for contractors' equipment used as part of the Relocation Work, and rentals actually paid to third party contractors for the lease of such equipment. (c). Costs of any and all Federal, State, County and municipal permits, licenses, inspections, any other payments and fees paid to any governmental unit as a result of the Relocation Work. (d) Project management costs and inspection costs for the Relocation Work. (e). All other external labor and material expenses paid by City in association with the Relocation Work. 6. Relocation Costs do not include the incremental costs associated with acquiring, constructing, drilling, laying, lowering, or installing new facilities that are objectively 352607 Page 3 of 8 Execution Version superior to the existing Facilities for reasons other than depreciation or the fact that the new facilities may be newer than the existing Facilities ("Betterments"). In the event the City acquires, constructs, drills, lays, lowers, or installs a Betterment, the Authority remains obligated to reimburse the City for fifty percent(50%)of the Relocation Costs that would have resulted if the new facility was of a similar functional like and kind as the existing Facilities, but is not obligated to reimburse the City for any incremental costs of the Betterment. In addition, the following are not considered Betterments: (a). Upgrades or improvements in design and features reasonably required to be in compliance with current applicable industry, legal, or regulatory standards; (b). Replacement of devices or materials that are of reasonably equivalent standards although not identical; (c). Replacement of devices or materials no longer regularly manufactured; and (d). Replacing two existing 16-inch pipelines with a single 24-inch pipeline. 7. The Authority shall provide notice as soon as reasonably practicable to City in the event that it considers any proposed scope of work or anticipated costs included in (i)the Plans, (ii)the"issued-for-construction" drawings provided to the Authority pursuant to Section 3 hereof or (iii) the Estimated Costs, to result in or to be an expense that it believes should be excluded from its reimbursement obligations hereunder due to the fact that such proposed work or expense would constitute or be attributable to a Betterment. 8. City shall select contractors it deems qualified in its sole discretion to perform the Relocation Work (each a "Contractor" and, collectively, "Contractors"). City agrees that each Contractor shall be selected in compliance with Texas law and its Charter. City will provide Authority with copies of all contracts for the Relocation Work awarded by City. 9. City shall provide written notice to the Authority if: (a) the actual amount of Relocation Costs for a particular relocation-related activity exceeds the Estimated Cost of that particular activity by 10% or more; or (b) if the actual amount of total Relocation Costs exceeds the total Estimated Amount by 10% or more. City agrees to provide Authority any change orders that may document any such increase in the Estimated Costs. 10. The Relocation Work shall be undertaken under the direction and responsibility of City. The Authority shall not directly contract for any Relocation Work to be performed and shall not be responsible for any liability arising out of such Relocation Work. City shall rely on its own consultants, engineers, and contractors to design and implement the Relocation Work such as to provide City with the same like and kind functionality in the Facilities as existed just prior to the relocation. Authority's sole responsibility in the Relocation Work is to reimburse 50% of the Relocation Costs as described more specifically above. 352607 Page 4 of 8 Execution Version 11. City shall comply with any and all requirements and conditions of any necessary approvals from any governmental authorities having competent jurisdiction over the removal and relocation of the Facilities (the "Government Authorizations"). 12. City shall notify Authority at least seven (7) days in advance of the time it expects to start the Relocation Work, as well as when actually commencing, suspending, resuming, and upon final completion of work. 13. This Agreement governs only those Facilities that will be removed and replaced. If the Government requires a Facility to be removed and the City does not replace the Facility, the Authority does not have any obligation under this Agreement(including no obligation under Section 5 to pay fifty percent(50%) of the costs associated with removing a Facility that will not be replaced). 14. Authority shall reimburse City fifty percent(50%) of City's actual Relocation Costs on the following schedule: (a). Upon completion of Phase I of the Relocation Work as detailed in Exhibit B, City shall prepare an accounting with supporting documentation of its final actual costs and submit to Authority an invoice setting forth the actual Relocation Costs incurred by City in connection with the Phase I (the "Final Phase I Invoice"). Authority shall review City's supporting documentation within sixty (60) days of receipt. Authority may require additional supporting documentation prior to approval of City's Final Phase I Invoice. Within ten (10) days of Authority's approval of City's Final Phase I Invoice, which approval shall be no later than ninety (90)days from Authority's receipt of the Final Phase I Invoice, Authority shall pay City fifty percent(50%) of the undisputed Relocation Costs for Phase I. In the event that any item included in the Final Phase I Invoice is not accepted by the Authority as a reimbursable Relocation Cost, the Parties agree to resolve such dispute pursuant to Sections 16 and 17 below. (b). For the Phase II Relocation Work, the City shall be reimbursed quarterly as provided herein. City shall notify the Authority upon the City's issuance of its notice to proceed with Phase II construction. City shall thereafter submit quarterly invoices to the Authority for reimbursement of the actual Relocation Costs incurred by City in connection with the Phase II Relocation Work for each quarter(the"Quarterly Phase II Invoices"). Authority shall review City's supporting documentation within sixty (60) days of receipt. Authority may require additional supporting documentation prior to approval of each Quarterly Phase II Invoice. Within ten (10) days of Authority's approval of a Quarterly Phase II Invoice, which approval shall be no later than ninety (90) days from Authority's receipt of each Quarterly Phase II Invoice, Authority shall pay City fifty percent(50%) of the undisputed Relocation Costs. In the event that any item included in a Quarterly Phase 11 Invoice is not accepted by the Authority as a reimbursable Relocation Cost, the Parties agree to resolve such dispute pursuant to Sections 16 and 17 below. 15. All payments due hereunder shall be in the form either of a check made out City of Corpus Christi, Texas, or ACH Payment. The ACH addenda information must contain the invoice number that is being paid. The email address for the ACH remittance advice is 352607 Page 5 of 8 Execution Version central c ashi eringgcctexas.com and Jud AVgcctexas.com. Account information will be provided with the invoice. 16. The Parties shall endeavor to resolve amicably any dispute in the ordinary course of business between the Parties' representatives. If the Parties' representatives are unable to resolve the dispute in the ordinary course of business, then the dispute shall be referred to the Parties' senior management for resolution. If the Parties' designated senior management cannot resolve the dispute within sixty (60) days of a Party's notice to the other Party or such other time as agreed upon between Parties, the Parties agree that such dispute may be subject to mediation on the terms and conditions set forth herein. 17. If a dispute cannot be settled by direct negotiations, either party may initiate mediation by giving notice to the other party to that effect. The place of mediation will be in Corpus Christi,Texas. The parties shall attempt to agree on a mediator and,if the parties are unable to agree upon the mediator within fifteen(15) days from the date notice was sent to initiate the mediation process, then the parties shall use the International Institute for Conflict Prevention and Resolution Mediation Procedure to appoint the mediator. The expense and costs of the mediation will be borne equally by the parties, except that each party will be responsible for paying the fees of its attorneys. If no resolution is agreed to at the conclusion of the foregoing mediation process, each party may pursue all remedies available to it at law, in equity or otherwise. Any dispute relating to, arising out of, or connected with this Agreement shall be exclusively filed and maintained in a State or Federal court located in Nueces County, Texas. 18. City agrees to use reasonable efforts to remove the existing Facilities by dates provided in Exhibit B or as may be reasonably extended to account for delays incurred in schedule for factors beyond City and Authority's control, and in any event to remove the existing Facilities within six (6) months of the date that the relocated Facilities are complete and operational. 19. It is expressly understood by the parties hereto that by execution of this Agreement and the New Easement, the City is abandoning any right, title or interest it may have as to any portion of the Existing Easement not located within the boundaries of the New Easement. 20. Notices, demands,requests or other formal communication related to this Agreement shall be deemed to have been given when received, whether delivered personally or mailed. E- mail communications may be considered as formal notification provided the e-mail message states the message is intended as a formal notice and the receiving Party acknowledges receipt of the message as a formal notification. Notices shall be addressed as follows If to the Authority: Kent Britton Interim Chief Executive Officer Port of Corpus Christi Authority 400 Harbor Drive Corpus Christi, Texas 78401 352607 Page 6 of 8 Execution Version If to the City: Jeff Edmonds, Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 21. This Agreement shall be construed in accordance with and governed by the laws of the state of Texas, without regarding to its principles of conflicts of laws. Any legal action brought to enforce or construe this Agreement shall be brought in the courts located in Nueces County, Texas, and the parties agree to the jurisdiction of such courts and agree that they will not invoke the doctrine of forum non conveniens or other similar defense. 22. This Agreement, along with the New Easement, supersede every antecedent or concurrent oral agreement, stipulation or understanding between City and Authority, and no representations or statements, oral or written, have been made modifying, adding to, or changing the terms of this Agreement or the New Easement. 23. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, and all of which, when taken together, shall constitute one instrument. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized officers as of the dates provided below each signature, to be effective, however, for all purposes, as of the Effective Date. [Signature page follows this page.] 352607 Page 7 of 8 Execution Version CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: Name: Title: Date: 352607 Page 8 of 8 Execution Version EXHIBIT A EASEMENT 352607 r PIPELINE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF NUECES § Port of Corpus Christi Authority of Nueces County,Texas,acting herein by and through its Port Commissioners hereunto duly authorized (hereinafter called "Authority") and pursuant to Chapter 62 of the Texas Water Code,for good and valuable consideration as described below,and including the covenants and conditions herein made and provided to be kept and performed by Grantee,has GRANTED AND CONVEYED and by these presents does GRANT AND CONVEY to the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation whose principal address is P.O.Box 9277,Corpus Christi,Texas 78469-9277,(hereinafter called"Grantee"),a non- exclusive right-of-way and easement(the"Easement")on and through the Authority's land located in Nueces County, Texas, for the purpose of constructing, laying, operating, maintaining,repairing, replacing and removing one(1)pipeline(s)twenty-four inch(24")in nominal outside diameter for the transportation of potable water(the"Authorized Pipeline Products") (the "Pipeline") upon, over and across the Easement hereby granted. No above ground or below ground appurtenances are allowed except for those listed on Schedule 1 attached hereto and pipeline markers (the "Pipeline Appurtenances"). All above ground Pipeline Appurtenances and flush with the ground Pipeline Appurtenances,if any,shall be installed in the surface site location(s)described in Exhibits"A"and "C" and depicted in Exhibits `B" and "D" attached hereto. The Pipeline and the Pipeline Appurtenances shall hereinafter be collectively referred to as the "Pipeline Facilities"). The Easement initially conveyed hereby is a total of five feet(5')in width,together with a variable width temporary construction easement parallel and adjacent to the Easement,in the locations depicted on Exhibits `B" & "D" attached hereto ("Temporary Easement"). The Temporary Easement also includes the additional temporary workspace locations,if any,depicted in Exhibits`B"and"D".The Easement and Temporary Easement and any surface sites for the installation of above ground appurtenances are more particularly described in two segments.The first and southernmost segment is described in Exhibit "A" and is depicted in Exhibit `B" attached hereto. The second and northernmost segment is described in Exhibit"C" and is depicted in Exhibit"D" attached hereto. The Temporary Easement shall expire and the Easement shall revert to the exterior dimensions of the Pipeline Facilities on: (1) the date on which the initial construction of the Pipeline Facilities is completed and the Pipeline is operational, or(2) one year from the date of this Pipeline Easement Agreement("Agreement"),whichever is earlier,(the"Initial Construction Period"). The Easement and Temporary Easement shall be collectively referred to as the"Easements". TO HAVE AND TO HOLD unto Grantee, its successors and assigns, the rights and privileges hereby conveyed for thirty(30)years beginning on the_f)_day of VeC&M&V022, and ending at midnight on the lL day ofc�e2052, subject to the exceptions and reservations herein set forth, and upon the following covenants and conditions which are a part of the consideration for this grant,which covenants and conditions are and shall be construed as covenants running with the land, and which covenants and conditions by its acceptance hereof Grantee covenants and agrees to keep and perform. 336773v6 1 City of Corpus Christi Water Pipeline Relocation Easement(2022) This Easement is granted subject to the following: 1.. Pipeline& Surface Site Fees. For the entire thirty (30)year term of the term of this Agreement,Grantee will pay to the Authority a one-time pipeline easement fee in the amount of Ten Dollars ($10.00) in advance. For the entire thirty (3 0) year term of the term of this Agreement Grantee will pay to the Authority, in advance, a one-time surface site fee in the amount of Ten Dollars ($10.00) for the above ground Pipeline Appurtenances locations described and depicted in Exhibits A and B attached hereto. The consideration initially paid by Grantee upon execution and delivery of this Easement is solely for the grant of the Easement,Temporary Easement and anticipated reasonable non-negligent damages thereto arising during the Initial Construction Period for simultaneous installation of the Pipeline and all authorized appurtenances thereto. With respect to all other damages,Grantee shall pay to Authority and to Authority's tenants,if any,all damages to real or personal property,whether such property is located inside or outside the boundaries of the Easements, which arise out of Grantee's construction, operation, repair, maintenance of the Pipeline or any other operations of Grantee hereunder. 2. Other Damages: With respect to all other damages, Grantee shall pay to Authority or to Authority's tenants,from time to time,all damages to Authority,caused by Grantee or its employees, agents or contractors, including but not limited to damages to: docks, mooring structures, pipelines, equipment, reservoirs, water wells, grass, fences, trees, roads, and improvements,inside or outside the Easement or Temporary Easement now in existence or hereafter constructed, including, but not limited to, damages inside or outside the Easement as a result of crowning the Easement or the rising or sinking of the soil within the Easement, and for damage to Authority's tenants,caused by the construction,operation,repair,maintenance of the Pipeline or any other operations of Grantee hereunder,other than the anticipated reasonable non-negligent damages to Authority resulting from initial construction and simultaneous installation of the Pipeline, regardless if such damage arises during the Initial Construction Period. 3. Access and Post Construction Workspace. Grantee's rights of ingress and egress shall be confined to the above-described Easements during the Initial Construction Period.Grantee during the Initial Construction Period shall not have the right to cross Authority's adjacent land,store materials or equipment on Authority's adjacent land, or conduct any of Grantee's operations on Authority's adjacent land, without the prior express written consent of Authority. After the expiration of the Initial Construction Period,Grantee shall be permitted to have ingress and egress to and from the Easement for the construction,operation,maintenance,inspection,repair,removal or replacement of the Pipeline Facilities over a route or routes, across Authority's adjacent lands, if any,designated in advance by Authority. Grantee,during any period of construction,maintenance, inspection,repair,removal or replacement of the Pipeline Facilities,taking place after the expiration of the Initial Construction Period, shall be permitted to use a reasonable amount of Authority's adjoining property, as designated in advance by Authority, to the extent reasonably available, as determined by Authority in its sole and absolute discretion, and only for so long as reasonably 336773v6 2 City of Corpus Christi Water Pipeline Relocation Easement(2022) necessary for such construction, maintenance, inspection, repair, removal or replacement of the Pipeline Facilities("Post Construction Workspace"). Notwithstanding the forgoing,Authority shall have no obligation to preserve the availability of any of Authority's adjacent lands for Grantee's use as Post Construction Workspace. After the expiration ofthe Initial Construction Period except in the case of an emergency, Grantee agrees to notify the Authority not less than seventy-two (72)hours prior to Grantee's employees, agents or contractors entering upon the Easement for construction, maintenance,repairs or other operations. In the case of an emergency necessitating entry upon the Easement by Grantee,its employees,agents or contractors without first giving at least seventy-two (72)hours prior notice to Authority,Grantee agrees to notify the Authority of the nature and extent of any such emergency within twenty-four(24)hours after any such entry. 4. Construction,Maintenance and Use. During the installation of the Pipeline Facilities or during any significant repair or replacement of the Pipeline Facilities, Authority shall be entitled to engage the services of an inspector which shall be selected by the Authority,in its sole and absolute discretion,to observe the operations of Grantee and to verify that the Pipeline Facilities are installed in full compliance with the terms and conditions of this Agreement (the "Inspection Services"). The Authority shall be responsible for the payment of all wages and expenses charged by its inspector (the "Inspection Service Expenses"). Upon completion of the initial installation of the Pipeline Facilities and thereafter upon completion of any significant repair or replacement of the Pipeline Facilities, Authority shall invoice Grantee for all Inspection Service Expenses incurred by Authority, which invoice Grantee agrees to pay within thirty (30) days of Grantee's receipt thereof. Grantee shall construct and maintain the Pipeline Facilities in a good and workmanlike manner and in compliance with all applicable governmental and industry standards for construction and maintenance of the same; including but not limited to the requirements set forth in Article VII (Hazardous Substances,Liquids,and Gas Pipelines and Distribution Systems)of Chapter 35 of the City of Corpus Christi's Code of Ordinances,as amended from time to time. Warning signs for the existence of the Pipeline Facilities that conform to Federal and State laws applicable to such warning signs will be posted at the required locations along the Easement. Authority understands that Grantee intends to utilize a portion of the Easement and Temporary Easement for the operation of horizontal directional drilling("HDD")equipment needed to install a portion of the Pipeline within the Easement, under the TULE LAKE TURNING BASIN. Grantee agrees not to place, store, dump or dispose of any drilling mud, chemicals, spoil, dredge, sludge, water or other material utilized or produced in connection with any of Grantee's HDD operations on the Easement or Temporary Easement or Authority's adjoining property.Absent Authority's express written consent to the contrary,all such material shall be captured and removed using watertight containers so that such material does not come into direct contact with any portion of the surface of such property in the course of performing such HDD operations. Grantee shall use all commercially reasonable efforts to minimize the Easement and Temporary Easement area utilized to perform the HDD operations,and Grantee agrees to restore the affected Easement and Temporary Easement area,and any adjoining property,to the same condition as existed prior to such operations. Grantee will consult with Authority regarding Grantee's planned HDD operations prior to 336773v6 3 City of Corpus Christi Water Pipeline Relocation Easement(2022) commencing such work. Grantee agrees to immediately notify Authority's Director of Engineering of any damages to any property,real or personal,occurring outside the boundaries of the Easement or to any road,railroad,or other improvement inside or outside of the Easement caused by Grantee's HDD operations. All backfill placed in the Easement must be compacted to prevent settlement or erosion. Grantee shall bury and maintain the Pipeline and all underground Pipeline Appurtenances at a depth of not less than 4 feet below the surface of the ground or to such deeper depth as may be reasonably required as a result of the presence on,or construction on,or adjacent to,the areas within the Easement of any road,pipeline,or pole line. Grantee agrees to bore under all navigable channels and rail crossings to a depth set by Authority's Director of Engineering Services and where applicable the U.S.Army Corp.of Engineers. In refilling any hole or ditch, Grantee must compact the subsoil to ninety-five percent(95%) of original compaction. After any construction,repair or removal, Grantee shall compact, loosen, or otherwise condition the topsoil to the degree of compaction of non-disturbed topsoil so that there will be no settling or compaction of soil and so that the land disturbed will be the same level as the surrounding lands which will maintain drainage previous to such work and prevent erosion. In the event of any excavation within the Easements,including but not limited to excavation of any pipeline trench or in the event of removal of the Pipeline Facilities herein contemplated,the top eighteen(18")inches of topsoil(should eighteen inches of top soil exist),or the full depth of any such top soil, whichever is less, will be removed and stored separately from the subsoil. As the Pipeline trench is backfilled, the subsoil will be replaced over the pipe and pipe bedding and all topsoil will be placed on top of the subsoil, commonly referred to as the double-ditch method. Grantee shall promptly back-fill all excavations in this manner and agrees to promptly remove all excess subsoil from the Easements. In no event during the term of this Pipeline Easement Agreement shall Grantee, or its permitted successors or assigns, have the right to dispose of any water generated or produced in connection with hydrostatic testing of the Pipeline Facilities upon or across any portion of the Easements,Post Construction Workspace,Grantor's lands or adjacent waters without all necessary permits therefore and the express written consent of Authority's Director of Environmental Planning and Compliance Grantee agrees to contact and notify Authority, by contacting and informing Authority's Manager of Rail Operations, in writing at P.O.Box 1541,Corpus Christi,Texas 78403,at least ten (10) days in advance of Grantee's intent to conduct any Pipeline Easement related construction, operation, or maintenance activities within one hundred feet(100') of any railroad. Grantee will restore the Easement and any Post Construction Workspace disturbed by Grantee's operations to pre-project elevations and contours, and paving. Grantee shall restore all paving, and other improvements and, if requested by Authority, will seed and/or vegetate the unpaved areas of the Easement and Post Construction Workspace to promote restoration of the pre- project percent vegetative coverage using perennial grass seed or transplant material as per the seasonal recommendations of the Nueces County Agriculture Extension Service, or with either Common Bermuda grass or other locally adapted perennial grass (if Authority so elects). 336773v6 4 City of Corpus Christi Water Pipeline Relocation Easement(2022) Grantee will immediately, notify the appropriate State and Federal agencies who regulate pipelines of the type in the Easement,and no later than twenty-four(24)hours after discovery,notify Authority, of any visible or apparent contamination discovered in the Easement during initial construction of the Pipeline Facilities. Following completion of construction of the Pipeline Facilities, Grantee will immediately, notify the appropriate State and Federal agencies who regulate pipelines ofthe type in the Easement, and no later than twenty-four(24)hours after discovery,notify Authority,of any visible or apparent contamination discovered in, on,under, or adjacent to the Easement. If,during,or after,completion of construction of the Pipeline Facilities,the contamination is coming from the Pipeline Facilities,then Grantee will immediately take all steps necessary to shut down the Pipeline Facilities in the Easement from which the contamination is coming, repair or replace the Pipeline Facilities, and restore the Easements and Authority's adjacent lands to the condition they were in prior to the discovery of the contamination. If the contamination is not coming from a pipeline or pipelines in the Easement,then Grantee and Authority shall cooperate to determine the source of the contamination and advise the appropriate State and Federal agencies of the occurrence. Grantee's use of the Easements and Post Construction Workspace herein granted and its operations in relation thereto will always comply with all applicable laws, statutes, rules and regulations of federal, state and local government. Grantee's use of the Easements and Post Construction Workspace may not unreasonably interfere with existing easement rights of any owner of an easement in,on,over,under or across any lands owned by the Authority and which are crossed or are overlapped in whole or in part by the Easements. Grantee agrees to obtain all applicable environmental and all other permits necessary to conduct the work and provide a copy of said permits to Authority. Grantee agrees to construct and maintain the Pipeline Facilities in accordance with existing permits or permit applications related to the easement and in accordance with all applicable state and federal environmental rules and regulations. Prior to commencement of construction of the Pipeline Facilities, Grantee will furnish Authority with a detailed set of plans for the construction of the Pipeline Facilities(the"Plans")for the Authority's approval,which approval shall not be unreasonably withheld. The Plans must be prepared in a standard engineering format and must be signed and sealed by a Professional Engineer registered in the State of Texas.The Plans for any Pipeline Facilities shall show the pipe grade,wall thickness and coating of the pipe to be constructed and shall depict the location and the depth at which such Pipeline Facilities will be installed within the Pipeline Easement. The Plans shall also depict all surface sites and any surface features, including but not limited to, drainage ditches, culverts, roads, fixtures, appurtenances, pipelines or containment levees in the vicinity of the Pipeline Easement that may be affected by the construction activity during installation or maintenance of the Pipeline Facilities. The Plans shall be submitted to Authority's Director of Engineering, who may require reasonable modifications to the Plans before approving them. Additionally,prior to the installation of the Pipeline Facilities within the Pipeline Easement,Grantee shall furnish Authority's Director of Engineering "issued-for-construction" drawings for the Pipeline. 336773v6 5 City of Corpus Christi Water Pipeline Relocation Easement(2022) Grantee as a condition precedent to Grantee's right to enter upon and otherwise access the Easements for construction purposes,shall furnish Authority all"issued for construction drawings" provided to its construction contractors for the construction of the Pipeline Facilities,as well as,any subsequent revisions thereto applicable to the Easement(the"Issued for Construction Drawings"). Grantee shall not enter upon the Easements for construction purposes until Grantee has provided Authority with a current set of Issued for Construction Drawings. Upon completion of the installation of the Pipeline Facilities in the Easement, Grantee shall provide an as-built drawing depicting and describing(by metes and bounds)the as-built location of the Pipeline Facilities. When any segment of pipeline is installed utilizing HDD methods,Grantee agrees to survey each pipeline by smart pig and to include in the as-built drawings all x,y, and z, coordinates for each segment of pipeline installed by HDD methods. Grantee shall be responsible for coordination of its construction activities and use of the Easements and any Post Construction Workspace with any other, existing or future users and easement holders in or near the Easements. Grantee shall promptly restore any portion of the right- of-way damaged by Grantee to its condition prior to such damage. Grantee shall, if requested by Authority, test in the manner specified by Authority, all restoration work at Grantee's expense. Authority shall be promptly notified in writing of the results of all tests of any such restoration work. 5. Reservations,Exceptions, and Partial Release of Existing Pipeline Easements. The Easements herein granted and authorization to utilize any Post Construction Workspace shall be subject to the terms and conditions of any and all easements heretofore granted by Authority to other parties which is either of record in Nueces County or San Patricio County,referenced in a memorandum of easement recorded in Nueces or San Patricio County or physically evident on the property. The Authority reserves the right to grant easements and the right to grant the use of Post Construction Workspace, upon, over,under and across the Easements, and to grant other rights of use, leases and easements above, below and on the surface of the Easements, provided that such grants shall not materially interfere with the rights granted herein. THE U.S. ARMY CORP. OF ENGINEERS, GALVESTON DISTRICT ("USACE") HAS COMMENCED CONSTRUCTION OF THE CONGRESSIONALLY AUTHORIZED PROJECT (THE"CHANNEL IMPROVEMENT PROJECT")TO DEEPEN AND WIDEN THE CORPUS CHRISTI SHIP CHANNEL(THE"SHIP CHANNEL"). THE USACE, IN CONNECTION WITH THE CHANNEL IMPROVEMENT PROJECT, HAS ISSUED NUMEROUS DIRECTIVES TO VARIOUS OWNERS OF PIPELINES CROSSING UNDER THE SHIP CHANNEL TO REMOVE OR RELOCATE PIPELINES TRAVERSING UNDER THE SHIP CHANNEL. IN RESPONSE, SOME PIPELINE COMPANIES HAVE SIMPLY ELECTED TO REMOVE THEIR PIPELINES,OTHERS HAVE ELECTED TO RELOCATE THEIR PIPELINES,AND SOME HAVE ELECTED TO REMOVE A PIPELINE,AND IN SOME INSTANCES REMOVE MULTIPLE PIPELINES AND REPLACE WITH A SINGLE PIPELINE OF LARGER DIAMETER. THE EASEMENTS AND RIGHTS GRANTED TO GRANTEE BY THIS PIPELINE EASEMENT AGREEMENT ARE BEING GRANTED IN RESPONSE TO GRANTEE'S ELECTION TO REPLACE ITS EXISTING PIPELINES)PLACED UNDER THE SHIP CHANNEL BY VIRTUE OF THE FOLLOWING DESCRIBED EASEMENT(S):A UTILITY EASEMENT GRANTED BY THE PORT AUTHORITY OF CORPUS CHRISTI TO THE CITY OF CORPUS CHRISTI ON AUGUST 10,2004, FOR THE INSTALLATION OF TWO 12-INCH WASTEWATER LINES AND TWO 16-INCH WATER LINES AND 336773v6 6 City of Corpus Christi Water Pipeline Relocation Easement(2022) OTHER PUBLIC UTILITY LINES RECORDED IN THE OFFICIAL RECORDS OF NUECES COUNTY ON AUGUST 19, 2004, IN DOCUMENT NUMBER 2004043058 (THE"EXISTING EASEMENTS"). GRANTEE HEREBY WAIVES,RELEASES,THAT PORTION OF THE EXISTING EASEMENTS UNDERLYING THE SHIP CHANNEL IN THE VICINITY OF THE EASEMENT DESCRIBED HEREIN; AS WELL AS ANY PORTION OF THE EXISTING EASEMENT BETWEEN THE POINT OF BEGINNING AND THE POINT OF TERMINATION OR POINT OF ENDING WHICH ARE BEING REPLACED BY THE PIPELINES) AUTHORIZED BY THIS PIPELINE EASEMENT AGREEMENT DESCRIBED AND DEPICTED ON EXHIBITS A&B ATTACHED HERETO;AND UNDERLYING THE SHIP CHANNEL,SAVE AND EXCEPT,THE FOLLOWING DESCRIBED PIPELINE WHICH THE USACE IS NOT REQUIRING THE REMOVAL OF IN CONNECTION WITH THE CHANNEL IMPROVEMENT PROJECT, AUTHORIZED TO BE LOCATED UNDER THE CHANNEL BY THE FOLLOWING DESCRIBED EASEMENT(S),IF ANY: NONE. 6. Indemnity. To the extent allowed by law,except for liabilities caused by the sole negligence, gross negligence or willful misconduct of the Authority, its commissioners, officers,directors,managers,employees,and agents,Grantee shall defend,indemnify and hold harmless Authority, its commissioners, officers, directors, managers, employees, and agents (for the purposes of this Section, the "Indemnified Parties") from and against, and Grantee shall be responsible for, any and all liabilities (including strict liability), actions, demands, damages, penalties, fines, losses, claims, costs, expenses (including reasonable attorneys', experts' fees and expenses), suits, settlements or judgments of any nature whatsoever (including claims for personal injury,bodily injury, real and personal property damage and economic loss)which may be brought or instituted or asserted against the Indemnified Parties based on or arising out of or resulting from(i)the failure on the part of the Grantee,its agents, employees,contractors,subcontractors or licensees(collectively,"Grantee Parties")to comply with the provisions of any laws or regulations applicable to the Pipeline or the Pipeline Facilities, (ii) any injury to or death of or claim of injury to or death of any person or any damage to or loss of or claim of damage to or loss of property arising from or in any manner connected with the acts, conduct, or negligence of the Grantee Parties in the design, construction,operation,maintenance, repair, removal,or replacement of the Pipeline or the Pipeline Facilities,(iii)the failure on the part of any of the Grantee Parties to comply with the provisions of any laws or regulations applicable to the Easements, Post Construction Workspace, the Pipeline or the Pipeline Facilities, or (iv) the condition, use, malfunction, defect,or explosion of the Pipeline or any of the Pipeline Facilities (collectively"Indemnified Claims"),EVEN IF THE INDEMNIFIED CLAIM ARISES OUT OF OR RESULTS FROM THE JOINT, CONCURRENT, OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNIFIED PARTIES. The Grantee's indemnity obligations under this Agreement shall not be limited by a limitation on the amount or type of damages, compensation or benefits owed by Grantee to any employee of Grantee under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. Notwithstanding anything to the contrary stated elsewhere herein, Authority and Grantee understand and agree that,in no event,shall either Authority or Grantee be liable for special,exemplary,consequential or other indirect damages to the other,and all such damages are hereby waived to the extent permitted by law. 336773v6 7 City of Corpus Christi Water Pipeline Relocation Easement(2022) 7. Insurance. Without limiting the indemnity obligations or liabilities of Grantee,or its insurers, provided herein, Grantee agrees at all times this Agreement is in effect to carry and maintain at its sole expense policies of insurance("the Policies") of the types and in the minimum amounts and comply with the other requirements set forth in Exhibit `B" attached hereto and incorporated herein by reference. 8. Assignment. The rights herein granted may not be assigned without the prior written consent of the Authority,which consent will not be unreasonably withheld,conditioned or delayed. In the event of an assignment or partial assignment of the Easement, any liability of Assignor or Assignee,to Authority under the terms of this Agreement shall be joint and several.The terms of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Assignment by Grantee shall not relieve Grantee from liability for the performance of the covenants and indemnities hereof.Grantee agrees to promptly provide Authority with a copy of all assignments authorized by this Section. 9. Termination. This Agreement and all rights to use and occupy the Easement shall terminate if the Pipeline(s)ceases to be used for the transmission of Authorized Pipeline Products, collectively,for a period of forty-eight(48)months during the term of this Agreement or if Grantee shall at any time expressly abandon this Easement for the use of the same for the purposes herein granted. This Agreement and all of Grantee's interest hereunder, at the option of Authority, shall forthwith terminate upon breach by Grantee of any of the conditions hereof and the failure of Grantee to remedy the same within ninety(90)days after Grantee's receipt of written notice from the Authority so to do. Grantee agrees it will, within ninety (90) days after the termination of this Agreement, remove the Pipeline Facilities existing in the Easement and restore the Easement and any Post Construction Workspace utilized to remove the Pipeline Facilities to substantially the same condition in which same existed prior to the existence of the Pipeline Facilities. In the event Grantee fails to remove the Pipeline Facilities within the above-described time period,Authority may either declare the termination of Grantee's interest in the Pipeline Facilities and all of Grantee's interest therein shall thereupon terminate, or the Authority may cause the Pipeline Facilities, or any part thereof, to be removed and disposed of, and the lands of the Authority restored, all at the cost of Grantee. In the event of a breach of the requirements of Section 11 ("Compliance with Authority Security Requirements"), this Agreement and all of Grantee's interest hereunder, at the option of Authority, shall forthwith terminate in the event Grantee fails to remedy the same within ten (10) days after Grantee's receipt of written notice from the Authority of such breach. 10. Relocation. The Authority may require Grantee to remove, lower or relocate the Pipeline Facilities situated in the aforesaid Easement in the event the same materially interferes with or will materially interfere with: (1)the development of Authority's lands; (2) any facility,facility modification,or proposed facility of Authority,Authority Lessee or Authority Franchisee; (3) any road or proposed road;or(4)any operation or proposed operation of Authority,Authority Lessee or Authority Franchisee. The Authority may also require Grantee to remove, lower or relocate the Pipeline Facilities situated in the aforesaid Easement in the event the same materially interferes with or will materially interfere with any navigable channel,railroad or proposed railroad under which the Pipeline passes. In the event Authority requires Grantee to remove,lower or relocate pursuant to the provisions of this Section,the cost of such removal, lowering or relocation shall be paid solely by 336773v6 8 City of Corpus Christi Water Pipeline Relocation Easement(2022) Grantee, and in such event,Authority will use its best efforts to provide Grantee with an alternate Easement route on Authority's land at no additional cost to Grantee;provided,however,Authority shall not be required to provide the alternate easement route. 11. Compliance with Authori , Security Requirements. Grantee,its employees,agents, representatives and subcontractors shall at all times comply with all Authority mandated security requirements and regulations pertaining to the Easements and any Post Construction Workspace locations or access thereto,regardless of whether now existing or hereinafter imposed,pursuant to Authority's Tariffs (the "Security Measures"). Failure to comply with Authority's Security Measures will be grounds for terminating this Agreement as described in Section 9 above. Authority's Security Measures applicable to the Easement and right of way can be ascertained by contacting the Authority's Police Department. 12. Notice. Until notified in writing of a different address, all notices, demands, or requests must be sent to Authority and Grantee as follows. Notices will be deemed received 3 days after being mailed if sent by U.S. mail,postage paid, certified mail to the addresses below: Authori : Port of Corpus Christi Authority Attn: Chief Executive Officer P. O.Box 1541 Corpus Christi,Texas 78403 Grantee: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 13. Easement Maintenance and Litter. Grantee will maintain the Easements, Post Construction Workspace,and Pipeline Facilities in excellent repair and with a neat appearance,clean of all litter and trash including construction debris caused by Grantee(i.e., welding rods, grinding wheels,tools,metal pieces,pipe coating materials,rags, cans,bags,paper,plastic,boards,blocks, pallets,skids,etc.)during periods of construction,operation,maintenance,repair or removal of the Pipeline Facilities. Grantee shall require Grantee's employees,agents,representatives,contractors, and sub-contractors to pick up said construction debris daily. All construction debris shall be cleaned up and removed from Authority's lands prior to the termination of any construction period. 14. Limitation on Easement Use. Grantee specifically agrees that Grantee,its successors, assigns,and its related companies shall not use any portion of the Easements or portion of any Post Construction Workspace for any other purpose than the construction,operation and maintenance of the Pipeline Facilities. The Grantee will not grant,participate with,or initiate any contract with any third party to place any other use or operation within the Easement other than the Pipeline Facilities 336773v6 9 City of Corpus Christi Water Pipeline Relocation Easement(2022) described in this Agreement. This Agreement is made regardless of any past or future statutory authority by any governmental agency allowing additional usage within the Easement. Grantee disclaims any authority from any statutory rule or regulation that allows such additional usage and shall be bound by this Agreement. 15. Mowing. Grantee shall mow the upland segments of the Easement in a normal and customary fashion consistent with industry standards, a minimum of once a year. However, Authority may suspend said mowing activities by notifying Grantee of Authority's election to suspend such mowing activities. If suspended, Authority may elect for Grantee to resume the mowing schedule by so notifying Grantee. 16. Brush and Tree Disposal. All trees and brush cut shall be removed from the Easements and disposed of in a lawful manner.Alternatively,Authority may,in its sole and absolute discretion, elect to have all trees and brush mulched and spread evenly across the Easements and/or any Post Construction Workspace. 17. No Warranty of Title. It is hereby agreed that no warranty of title, expressed or implied, including but not limited to the implied covenants set forth in section 5.023 of the Texas Property Code, is made by Authority by the execution of this instrument. GRANTEE HEREBY ACKNOWLEDGES THAT IT HAS INDEPENDENTLY INVESTIGATED THE TITLE TO, AND SURFACE ROUTE OF,THE EASEMENT AND ACCEPTS SAME AS IS,WHERE IS, AND WITH ALL FAULTS,AND WITHOUT WARRANTY OF ANY NATURE,EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY CONCERNING FITNESS OR SUITABILITY FOR GRANTEE'S INTENDED USE THEREOF). 18. Counterparts. This Agreement may be executed in multiple counterparts,each of which shall constitute an original, and all of which,when taken together, shall constitute one instrument. The execution of this Agreement shall be conclusive of the agreement of Grantee to all of the terms and conditions hereof,whereupon this easement and all of its provisions shall extend to and be binding upon the legal representatives, successors and assigns of Grantee and Authority, respectively. Signature Pages Immediately Follow 336773v6 10 City of Corpus Christi Water Pipeline Relocation Easement(2022) WITNESS this 12th day of December ,2022. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TEXAS By; CA(5 Sean C. Strawbridge Chief Executive Officer "Authority" STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the 12th day of December , 2022, by Sean C. Strawbridge, Chief Executive Officer of Port of Corpus Christi Authority of Nueces County,Texas, on behalf of the Port. TANA JETON NEIGHBORS ID# 13153531-0 OTARY P BLIC, STA E OF TEXAS Notary Public STATE OF TEXAS My Comm. Exp. 04-18_2026 rantee Signature Page Immediately Follows 336773v6 11 City of Corpus Christi Water Pipeline Relocation Easement(2022) CITY OF CORP H I By: Name: Jeff H. Edmonds, P.E. Title: Director of Engineering Services "Grantee" STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the 99 day of November 2022,by Jeff H.Edmonds,Director of Engineering Services of the City of Corpus Christi,a Texas Home Rule municipal corporation, on behalf of said City. NOTARY ST E F TEXAS ,►RY nyB Bobby C.Harrelld,Jr. *' i* Notary Public,State of Tom . Comm.ExpirnI240-22 NotaryiD 8000x63 Approved as to Form: A istant City Attorney 336773v6 12 City of Corpus Christi Water Pipeline Relocation Easement(2022) LNV Solutions Today with a engineers I architects I surveyors Vision for Tomorrow "EXHIBIT All METES AND BOUNDS DESCRIPTION FOR Approximately 3,244 linear feet for the centerline of a 24" Waterline, herein described as a "Pipeline Easement",across the remaining portion of a called 169.519-acre tract known as"Tract II, Tule Lake Tract" described in a deed to the Port of Corpus Christi Authority as recorded in Volume 2334,Page 325,Deed Records,Nueces County,Texas,and out of the"Rincon Del Oso" Grant,Abstract No. 1,in Nueces County,Texas, said 3,244 Linear Feet being more particularly described with bearings based on the Texas State Plane Coordinate System of 1983 (NAD 83), South Zone(4205),with metes and bounds as follows; BEGINNING:At a point,X= 1,307,543.16,Y= 17,187,339.99,on the north right-of-way line of Up River Road (60' wide no.w.), for the most southerly point of the herein described line,from which a 5/8"iron rod found on the north right-of-way line of said Up River Road,and for the west corner of a called 2.426-acre tract known as "Tract II,Port Tract"described in a deed to Valero Marketing and Supply Company as recorded in Document No. 2005011120, Official Records, Nueces County, Texas,bears S 75°47'09"E,215.14 feet; THENCE: N 14°46'57"E,across said 139.519-acre tract,a distance of 5.47 feet to a point of intersection of the herein described line; THENCE: N 42°56'58"E,continuing across said 139.519-acre tract,a distance of 278.75 feet to a point of intersection of the herein described line; THENCE: N 85°22'21"E,continuing across said 139.519-acre tract,a distance of 294.07 feet to a point of intersection of the herein described line; THENCE: N 40°42'55"E,across said 139.519-acre tract,a distance of 2,671.70 feet to a point on the south line of a called 26.9-acre tract known as a"Railroad right-of-way" described in a deed to San Antonio,Uvalde&Gulf Railroad Company as recorded in Volume 134,Page 369,Deed Records,Nueces County,Texas,for the POINT OF TERMINATION, X= 1,309,766.10, Y= 17,189,593.52, of approximately 3,244 linear feet for the centerline of a 24"Waterline,more or less.Said line being described in accordance with an actual survey made on the ground and a survey map prepared by LNV,LLC. (�.OF•. ST •• .........m(310 Z. CANALES .................... 6040 g.0 1�;ess 0, � SERGIO Z. CANALES SURD REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO. 11040 I I P a g e Prepared by: LNV LLC. Job No.: 180352.000.2 File: UACorpus Christi\1803 52 Waterline Crossing CC Ship Channel\000\90-Survey\Drawings\Centerline Easemenls\Legal Desc Date: December 14,2021(Revision Date:01-25-2022) TEPELS Firm No.:10126501 'f REFERENCES: " yml D.R.N.C.T. DEED RECORDS,NUECES COUNTY,TEXAS EXHIBIT B1r O.R.N.C.T. OFFICIAL RECORDS,NUECES COUNTY,TEXAS P.0.8. POI NT OF BEGINNING Gp'P SITE ENIF POT POINT OF TERMINATION R UP MONUMENTATION: /2 � RO'Eq O CALCULATED POINT. h \ EopM0 RO' • FOUND 5/8'IRON ROD,ORAS NOTED. 3T 00-* CITY OF 86, N 14.485 11 I CORPUS CHRISTI 27' S S•471 HWY 44 75 47' I 215.109"4. f l i O LOCATION MAP N.T.S. \ pPRIV P.O.B. C ER ROAD m N C 0 PORT OF CORPUS CHRISTI AUTHORITY \ / O D T "TRACT II,TULE LAKE TRACT" DETAIL N.T.S. 1i 1 (REMAINING PORTION OF A CALLED 169.519-ACRES) VOL.2334,PG.325 h tib D.R.N.C.T. 11 3,244 LINEAR G� O FEET FOR THE (� S CENTERLINE OF VV PROP TEMP TIMBER A 24"WATERLINE N 85'22'21"E 294w 7' DRAGLINE MAT 24 W�-- G CONSTRUCTION PATH LTEST STATION J E No. 7 PROP STABILIZED CONSTRUCTION \`\ ENTRANCE ry1�M� \ ,P.O•B.— / PROPERTY LINE (241-WATERLINE) / / MAGELLAN PIPELINES X=1,307,543.16' —h� _ �= HOLDINGS, L.P. Y=17,187,339.99 oh6 TEST STATION / �� (MULTIPLE PIPELINES) b�4X�\ No. 4-6 1/2'IRON — �� oy DOC. No. 2016039275 ry� \ ye ROD FOUND TEST STATION O.R.N.C.T. No. 3 \ BRIDGE \ \ VALERO TRANSMISSION, L.P. 86.271 RECTIFIER NEW ELECTRICAL 16' PIPELINE EASEMENT SERVICE AND VOL. 2112, PG. 285 SEE DETAIL META'POLE O.R.N.C.T. TEST STATION S 73'47'0g„ 215.14' VALERO MARKETING AND SUPPLY COMPANY 1 No. 1 301,4 , f r "TRACT II, PORT TRACT" FIRE HYDRANT �N 75'46,g (CALLED 2.426—ACRES) ASSEMBLY W W) 1 DOC. No. 2005011120 GATE VALVE AND BOX Rory O.R.N.C.T. EXISTING At M� pROpERTy ItrHe POWER POLE UP RIVER Ro A (601R.O3V)Ap ` 50' 0 50' 100' SCALE:1"= 100' I HEREBY CERTIFY THAT: Ly 1 THIS SURVEY WAS PREPARED BASEDA �7 ON A SURVEY MADE ON THE A GROUND UNDER MY DIRECT SUPERVISION. NOTES: THIS 14TH DAY OF DECEMBER, 2021 A.D. 1. ACCOMPANYING METES AND BOUNDS DESCRIPTION HAS BEEN (REVISION DATE: 01-25-2022) PREPARED. 2. BASIS OF BEARING OF THIS SURVEY IS GRID NORTH AS OBSERVED BY GPS,TEXAS COORDINATE SYSTEM OF 1983(NAD83),SOUTH ZONE 4205, •.�..� T� WITH A COMBINED SCALE FACTOR OF 1.00000329. ST P�Ot RFp+�� 3. PARENTHESIS INDICATE CALLED BEARING AND/OR DISTANCE. SERGIO••ZCANALES 4. BY GRAPHIC PLOTTING ONLY,THIS PROPERTY LIES WITHIN FLOOD ZONE A,ZONE B.AND ZONE C.ACCORDING TO THE FLOOD INSURANCE r' O•'•6D40'•`�•'� RATE MAP OF NUECES COUNTY,TEXAS,PANEL NO.485494 0303 C. .h10 �P• EFFECTIVE DATE:MARCH 18,1985. 2� �` 10 Q'• J 5. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF ATITLE COMMITMENT. a Uw o SERGIO Z. CANALES �* REGISTERED PROFESSIONAL LAND SURVEYOR PIPELINE EASEMENT N IJCENSE N0. 6040 I N mFEis aEcisrEnEOFnu rro. SHOWING APPROXIMATELY 3,244 LINEAR FEET FOR THE CENTERLINE OF DRAWN BY: RLG FN(INEFRXb FlPII FJ68 sua�»io Fnu+oixaao A24-WATERLINE,HEREIN DESCRIBED AS A"PIPELINE EASEMENT',ACROSS THE JOB NO: 180352.00 U4V 0 o re�E nEa.xo.Oasss REMAINING PORTION OF A CALLED 169.519-ACRE TRACT KNOWN AS Til SURVEYED: 06132020 a -&d.—Company II,TULE LAKE TRACT-DESCRIBED IN A DEED TO THE PORT OF CORPUS CHRISTI engineers I architects I surveyor$ AUTHORITY AS RECORDED IN VOLUME 2334,PAGE 325,DEED RECORDS,NUECES SHEET: ~ ql NANOATpN.5V11E�00 rx tw+teu+aa COUNTY,TEXAS,AND OUT OF THE-RINCON DEL OSO'GRANT,ABSTRACT NO.1,IN NUECES COUNTY,TEXAS. 1 OF 4 a xvtlmxccou REFERENCES: �' D.R.N.C.T. DEED RECORDS,NUECES COUNTY,TEXAS EXHIBIT Brr O.R.N.C.T. OFFICIAL RECORDS,NUECES COUNTY,TEXAS �qT P.0,9, POINT OF BEGINNING SITE LA YU P.O.T. POI NT OF TERMINATION RR, MONUMENTATION: tide !/p q 0 CALCULATED POINT. �FOp�O NfR R0, • FOUND 5/8'IRON ROD,OR AS NOTED, CITY OF y / CORPUS CHRISTI 3 PROP TEMP TIMBER / HW/Y 44 DRAGLINE MAT CONSTRUCTION PATH LOCATION MAP N.T.S. A, / PORT OF CORPUS CHRISTI AUTHORITY / "TRACT II,TULE LAKE TRACT" 1 b� (REMAINING PORTION OF A /Rh CALLED 169.519-ACRES) VOL. 2334,PG.325 p D.R.N.C.T. 4 tZG O�F o bry FJ X51 3,244 LINEAR •�� FEETFORTHE �R'� Q QA QO�y�QV^ CENTERLINE OF / "j A24"WATERLINE Q \�� g6kp�G• / 0"/j 1/ / Q4peQg'SY tyli 0 s / / D E L T / 4oa r m / VALERO MARKETING AND SUPPLY COMPANY "TRACT I, CORPUS TERMINAL TRACT" (CALLED 17.734—ACRES) DOC. No. 2005011120 �o�bti O.R.N.C.T. ^�0ry L 0 MAGELLAN PIPELINES HOLDINGS, L.P. T I HEREBY CERTIFY THAT: (MULTIPLE PIPELINES) S DOC. No. 2016039275 13 THIS SURVEY WAS PREPARED BASED O.R.N.C.T. ON A SURVEY MADE ON THE GROUND UNDER MY DIRECT SUPERVISION. N NOTES: THIS 14TH DAY OF DECEMBER, 2021 A.D. 1, ACCOMPANYING METES AND BOUNDS DESCRIPTION HAS BEEN (REVISION DATE: 01-25-2022) PREPARED. 2. BASIS OF BEARING OF THIS SURVEY IS GRID NORTH AS OBSERVED BY •OF- GPS,TEXAS COORDINATE SYSTEM OF 1983(NAD83),SOUTH ZONE 4205, ��'(••O;STeR�`+ WITH A COMBINED SCALE FACTOR OF 1.00D00329. (��•�� FO'.9� 3, PARENTHESIS INDICATE CALLED BEARING AND/OR DISTANCE. SERGIO••Z��CANALES ` 4. BY GRAPHIC PLOTTINGONLY,THIS PROPERTY LIES WITHIN FLOOD ZONE A,ZONE BAND ZONE C.ACCORDING TO THE FLOOD INSURANCE �'•,0»•6040••�" RATE MAP OF NUECES COUNTY,TEXAS,PANEL NO.485494 0303 C. �P• EFFECTIVE DATE:MARCH 18,1985. O•' •J 5O" 1 50" 100' 5. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF ATITLE COMMITMENT. a SCALE:V= 100' o SERGIO Z. CANALES REGISTERED PROFESSIONAL LAND SURVEYOR PIPELINE EASEMENT N LICENSE NO. 6040 n rePsis nEalsn:ae°wwrro. SHOWING APPROXIMATELY 3,244 LINEAR FEET FOR THE CENTERLINE OF DRAWN BY: RlG sawwive°rnu+a zFssao A 24'WATERLINE,HEREIN DESCRIBED AS A"PIPELINE EASEMENT",ACROSS THE JOB NO: 180352.000 UAV o 's"EiE°'t1D'�" REMAINING PORTION OF A CALLED 169.519-ACRE TRACT KNOWN AS a °„A,d°,�°c°,-,,y 11,TULE LAKE TRACT DESCRIBED IN A DEED TO THE PORT OF CORPUS CHRISTI SURVEYED: os 1s-2o2o 0 BOgineers I architects I Surveyors AUTHORITY AS RECORDED IN VOLUME 2334,PAGE 325,DEED RECORDS,NUECES SHEET: 0 of w,vpenasu+rewo m psness+sa COUNTY,TEXAS,AND OUT OF THE•RINCON DEL OSO'GRANT,ABSTRACT NO.1,IN mwswusn.Tx�aa FAXIJB+t�+9Ge NUECES COUNTY,TEXAS. 2 OF 4 a xuwynu"c.c°u REFERENCES; 1/EXHIBIT B" D.R.N.C.T. DEED RECORDS.NUECES COUNTY,TEXAS O.R.N.C.T. OFFICIAL RECORDS,NUECES COUNTY,TEXAS P.O.B, POINTOFBEGINNING h� �a LW P.0 POI NT OF TERMINATION R SITE MONUMENTATION: 411 J/ O CALCULATED POINT. C` / /E E4'q • FOUND 5/8'IRON ROD,OR AS NOTED. OPD ST D N ryh C CITY OF T CORPUS CHRISTI �y t HWf 44 ryh PORT OF CORPUS CHRISTI AUTHORITY "TRACT 11,TULE LAKE TRACT" LOCATION MAP N.T.S. (REMAINING PORTION OF A CALLED 169.519-ACRES) 1T NOTES: VOL. 2334,PG.325 1. ACCOMPANYING METES AND BOUNDS DESCRIPTION HAS BEEN D.R.N.C.T. ryh PREPARED. 2. BASIS OF BEARING OF THIS SURVEY IS GRID NORTH AS / OBSERVED BY GPS,TEXAS COORDINATE SYSTEM OF 1983 r / (NAD 833),SOUTH ZONE 4205,WITH A COMBINED SCALE FACTOR OF 1.00000329. 3. PARENTHESIS INDICATE CALLED BEARING AND/OR DISTANCE. 4. BY GRAPHIC PLOTTING ONLY,THIS PROPERTY LIES WITHIN 3,244 LINEAR / FLOOD ZONE A,ZONE B,AND ZONE C.ACCORDING TO THE FEET FOR THE / FLOOD INSURANCE RATE MAP OF NUECES COUNTY,TEXAS, Q` CENTERLINE OF / PANEL NO.485494 0303 C,EFFECTIVE DATE:MARCH 18,1985. ^� A 24"WATERLINE/ 5 THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. PROP AIR AND VACUUM VALVE IN 5' F/G MANHOLE O� / / \ ` TEST STATION ryh•'�' No. 8WATER HDD PIPE EUNNTRANCE / /•D,�^j°ry STAGING AREA ryV 100'X 50' / /nj� CHAMPLIN PETROLEUM COMPANY / / 5 "TRACT A" T N (REMAINING PORTION OF A / / CALLED 56.359—ACRES) G F(� A VOL.1540, PG. 763 / / D.R.N.C.T. PROP TEMP TIMBER DRAGUNE MAT / CONSTRUCTION PATH / 6 / 50' 0 50' 100' / SCALE:V'= 100' MAGELLAN PIPELINES I HEREBY CERTIFY THAT: HOLDINGS, L.P. (MULTIPLE PIPELINES) THIS SURVEY WAS PREPARED BASED DOC. No. 2016039275 ON A SURVEY MADE ON THE O.R.N.C.T. GROUND UNDER MY DIRECT SUPERVISION. THIS 14TH DAY OF DECEMBER, 2021 A.D. (REVISION DATE: 01-25-2022) Cil 1 cE.°F.rF im,G1 STfR .-(� B SERGIO Z. CANALES A 6040"P 1 oc 0? aLNV o SERGIO Z. CANALES NPIPELINE EASEMENT LICENSERNO.P 040 ROFESSIONAL LAND SURVEYOR N 1 N Umvroasis necisrE"¢n�wu eo. SHOWING APPROXIMATELY 3,244 LINEAR FEET FOR THE CENTERLINE OF DRAWN BY: RLG EtYGsIEpAu10 FtliY FJfi5 A 24'WATERLINE,HEREIN DESCRIBED AS A"PIPELINE EASEMENT',ACROSS THE JOB NO:WN 150352.000 o TenE Reo,w Easva REMAINING PORTION OF A CALLED 169,519-ACRE TRACT KNOWN AS`TRACT -Al&w.CwWW If.TULE LAKE TRACT`DESCRIBED IN A DEED TO THE PORT OF CORPUS CHRISTI SURVEYED: 0619-2020 engineers I architects I surveyors AUTHORITY AS RECORDED IN VOLUME 2334,PAGE 325,DEED RECORDS,NUECES SHEETt o m,luvw*Ia+.sulrEaoo vll IxOebr�sw COUNTY,TEXAS,AND OUT OF THE-RINCON DEL OSO'GRANT,ABSTRACT NO.1,IN NUECES COUNTY,TEXAS. 3 OF 4 a uuwixww.cou CHAMPLIN PETROLEUM COMPANY "EXHIBIT B" "TRACT B" O �r (CALLED 15.898-ACRES) pRR SITE VOL. 1540, PG. 763 D.R.N.C.T. /fOP UP RryfR R° �O EXISTING 41v)" gSHORELINE T COgCOe ROA P \ x CITY OF \ �PRR7Y VO(C to sYGh•T OPgN&CG<F ROpRgr1, �� CORPUS CHRISTI HM 44 \ \ 4•R SRN. P�qC Say e \ C T 369) LOCATION MAP N.T.S. SUNTIDE REFINING COMPANY 10' WIDE EASEMENT \ VOL. 593, PG. 104 \ 7? \ \ O.R.N.C.T. P.O.T. \ \�?• \ \ (24"WATERLINE) \ \ \ X=1,309,766.10 \ \ \ \ \ Y=17,189,593.52 / \ PORT OF CORPUS CHRISTI AUTHORITY "TRACT II,TULE LAKE TRACT" (REMAINING PORTION OF A CALLED 169.519-ACRES) VOL. 2334,PG.325 C / D.R.N.C.T. h� hM O til �-t L �a0 / HUMBLE PIPE UNE COMPANY \ {4 0^ 50' WIDE EASEMENT \ VOL. 0?R.N91.CPT. 331 R N If 3,244 LINEAR INV FEET FOR THE A CENTERLINE OF ,yrorL G A 24"WATERLINE / 6 L NOTES: C7 1. ACCOMPANYING METES AND BOUNDS DESCRIPTION HAS BEEN / PREPARED. / 2. BASIS OF BEARING OF THIS SURVEY IS GRID NORTH AS OBSERVED BY GPS,TEXAS COORDINATE SYSTEM OF 1983(NAD83),SOUTH ZONE 4205, WITH A COMBINED SCALE FACTOR OF 1.00000329. 3. PARENTHESIS INDICATE CALLED BEARING AND/OR DISTANCE. Q O / QQO 4. BY GRAPHIC PLOTTING ONLY.THIS PROPERTY LIES WITHIN FLOOD ZONE/ A,ZONE B,AND ZONE C.ACCORDING TO THE FLOOD INSURANCE/ RATE MAP OF NUECES COUNTY,TEXAS,PANEL NO.485494 0303 C, EFFECTIVE DATE:MARCH 18,1995. MAGELLAN PIPELINES HOLDINGS, L.P. 5. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE ryM (MULTIPLE PIPELINES) COMMITMENT. / DOC. No. 2016039275 50' 0 50' 100' / O.R.N.C.T. / SCALE: 1"= 100' CHAMPLIN PETROLEUM COMPANY I HEREBY CERTIFY THAT: / "TRACT A" / (REMAINING PORTION OF A THIS SURVEY WAS PREPARED BASED y CALLED 56.359-ACRES) ON A SURVEY MADE ON THE VOL.1540, PG. 763 GROUND UNDER MY DIRECT REFERENCES: D.R.N.C.T. SUPERVISION. D.R.N.C.T. DEED RECORDS,NUECES COUNTY,TEXAS THIS 14TH DAY OF DECEMBER, 2021 O.R.N.C.T. OFFICIAL RECORDS,NUECES COUNTY,TEXAS A.D. P.O.B. POINT OF BEGINNING F(' (REVISION DATE: 01-25-2022) P.O.T. POINT OF TERMINATION T. MONUMENTATION: B ��•CF TQC OCALCULATED POINT. A • FOUND 5/8'IRON ROD,OR AS NOTED. G 1 STf RFa•.9N CURVE TABLE DATA SERGIO Z. CANALES CURVE ARC LENGTH RADIUS ti'•••••'••'•'••� jp C11 196.70' 3,000.00' �Na. 6040o�P. DELTA ANGLE ICHORD BEARING I CHORD LENGTH •J 03°45'24" 1 N 38'50'13"E 196.66' LmV a o SERGIO Z. CANALES N PIPELINE EASEMENT LICENSEREGISTERED 040SSIONAL LAND SURVEYOR N in mrEtnec�stumura DRAWN BY: RLG No ��� snsss SHOWING APPROXIMATELY RIBS LINEAR FEET FOR THE CENTERLINE S aeternwo ruw rase suaveYwo r,rw,wzssm A 24'WATERLINE,HEREIN DESCRIBED AS A"PIPELINE EASEMENT',ACROSS THE ,toe NO: 190352.000 REMAINING PORTION OF A CALLED i69.519-ACRE TRACT KNOWN AS"TRACT w te,e nea rro SURVEYED: 06132020 a -Ad.-Company II,TULE LAKE TRACT DESCRIBED IN A DEED TO THE PORT OF CORPUS CHRISTI engineers I architects I Surveyors AUTHORITY AS RECORDED IN VOLUME 2334,PAGE 325,DEED RECORDS,NUECES SHEET: ruva.,nas,s,meaoo vK ce9peu,Ba COUNTY,TEXAS,AND OUT OF THE'RINCON DEL OSO'GRANT,ABSTRACT NO.1,IN caRrusoausn.'rxiera rax cacveu,ses NUECES COUNTY,TEXAS. 4 OF 4 a xuwyiµvc.cuu `NV Solutions Today with a engineers I architects I surveyors vision for Tomorrow "EXHIBIT C" METES AND BOUNDS DESCRIPTION FOR 24"Waterline A Approximately 2,843 linear feet for the centerline of a 24"Waterline, herein described as a"Pipeline Easement", across a called 2,694.93-acre tract and a called 1,945.75-acre tract described in deeds to the Nueces County Navigation District No.1 as recorded in Volume 192,Page 579 and Volume 719,Page 358, Deed Records,Nueces County,Texas,and out of the"Rincon Del Oso"Grant,Abstract No. 1,in Nueces County,Texas,said 2,973 linear feet being more particularly described with bearings based on the Texas State Plane Coordinate System of 1983(NAD 83),South Zone(4205),with metes and bounds as follows; BEGINNING:At a point,X=1,310,116.33,Y=17,190,000.48,on the south line of said 2,694.93-acre tract, for the most southerly point of the herein described line from which an NGS Monument"5244D"bears N 21°10'55"E 3,066.00 feet; THENCE: N 40°42'55"E,across said 2,694.93-acre tract and said 1,945.75-acre tract,at 2,545 feet to the approximate south right-of-way line of Joe Fulton Corridor(r.o.w.varies),at 2788 feet pass a center point of a 24" tee, in all a distance of 2,843.48 feet to the POINT OF TERMINATION,X=1,311,971.13,Y= 17,192,155.73,of approximately 2,843 linear feet for the centerline of a 24"Waterline,more or less.From which an NGS Monument "5244D"bears N 46°42'43"W 1,026.16 feet.Said line being described in accordance with an actual survey made on the ground and a survey map prepared by INV,LLC; 24"Waterline B Approximately 185 linear feet for the centerline of a 24" Waterline, herein described as a "Pipeline Easement", across a called 2,694.93-acre tract and a called 1,945.75-acre tract described in deeds to the Nueces County Navigation District No. 1 as recorded in Volume 192,Page 579 and Volume 719,Page 358, Deed Records,Nueces County,Texas,and out of the"Rincon Del Oso'Grant,Abstract No. 1,in Nueces County,Texas,said 185 linear feet being more particularly described with bearings based on the Texas State Plane Coordinate System of 1983(NAD 83),South Zone(4205),with metes and bounds as follows BEGINNING: At a point, X= 1,311,934.91, Y= 17,192,113.64, on the northwest line of said 24" Waterline A,for a center point of a 24"tee,and for the most northerly point of the herein described line,from which the POINT OF TERMINATION for said 24"Waterline A bears N 40°42'55"E 55.52 feet; THENCE: N 51°08'18"W,across said 2,694.93-acre tract,a distance of 17.50 feet to a point for an exterior corner of the herein described line; THENCE: S 83°51'42"W,continuing across said 2,694.93-acre tract,a distance of 7.05 feet to a point for an exterior corner of the herein described line; THENCE: S 38°51'42"W,continuing across said 2,694.93-acre tract,a distance of 52.50 feet to the POINT OF TERMINATION,X=1,311,813.41,Y=17,191,998.72,of approximately 185 linear feet for the centerline of a 24"Waterline,more or less.Said line being described in accordance with an actual survey made on the ground and a survey map prepared by INV,LLC; �E.OF..T� sre*...-i-9 0:� ...:....................:... SERGIO Z. CANALES .' 6040 zP�O SERGIO Z. CANALES SURD REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO. 6040 tIPage Prepared by: LNV LLC. Job No.: 180352.000.2 File: UACorpus Christi\180352 waterline Crossing CC Ship Channel\000\90-Survey\Drawings\Centerline Easements\Legal Desc Date: December 14,2021(Revision Date:01-25-2022) TBPELS Firm No.:10126501 REFERENCES: "EXHIBIT D" D.R.N.C.T. DEED RECORDS,NUECES COUNTY,TEXAS O.R.N.C.T. OFFICIAL RECORDS,NUECES COUNTY,TEXAS P.O.B. POINTOF BEGINNING LA rI.V P.O.T. POINT OF TERMINATION RR SITE MONUMENTATION: �Rr o� UP q O CALCULATED POINT. 4F0 • FOUND 5/8'IRON ROD,OR AS NOTED. �'LF PM0 ST 0 ■ NGS MONUMENT ry� r�J) Cm OFNGS MONUMENT"624 CORPUS CHRISTI X=1,311,224.17 HW 44 Y=17,192,859.33 k� ELEV=9.81 J1' LOCATION MAP N.T.S. NryM{�Q 2,843 LINEAR C O FEET FOR THE / 7 ��` O� CENTERLINE OF A / '' Iv ry��� \G�O/O� 24"WATERLINE A 1 11 � NUECES COUNTY NAVIGATION DISTRICT No.1 (CALLED 2,694.93-ACRES) VOL.192,PG.579 / D.R.N.C.T. P �� QQ / � O � / // ry. S O/ / MAGELLAN PIPELINES HOLDINGS, L.P. (MU DOC.TNo.E2016039275 O.R.N.C.T. NOTES: 1. ACCOMPANYING METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED. 2. BASIS OF BEARING OF THIS SURVEY IS GRID NORTH AS P.O.B. OBSERD BYSYSTEM OF 1983 p (NAD 3),SOUTH pZONEX4205,OUWITHNAATECOMBINED SCALE (24"WATERLINE A) FACTOR OF 1.00000329. X=1,310,118.33 Y=17,190,000.48 3. PARENTHESIS INDICATE CALLED BEARING AND/OR DISTANCE. pR0p4'R�, 4. BY GRAPHIC PLOTTING ONLY,THIS PROPERTY LIES WITHIN HEREBY CERTIFY THAT- Lry4, FLOOD ZONE A,ZONE B.AND ZONE C,ACCORDING TO THE FLOOD INSURANCE RATE MAP OF NUECES COUNTY,TEXAS, THIS SURVEY WAS PREPARED BASED PANEL NO.485494 0303 C.EFFECTIVE DATE:MARCH 18,1985. ON A SURVEY MADE ON THE 5. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT GROUND UNDER MY DIRECT OF A TITLE COMMITMENT. SUPERVISION. THIS 14TH DAY OF DECEMBER, 2021 CHAMPLIN PETROLEUM COMPANY A.D. TRACT B (REVISION DATE: 01-25-2022) (CALLED 15.898—ACRES) N VOL. 1540, PG. 763 OF T D.R.N.C.T. q SERGIO Z. CANALES T «.6040..P: 1 LdBY:: RLG o� o� A o.,. 1 J 50' 0 SCALE: SERGIO Z. CANALES REGISTERED PROFESSIONAL LAND SURVEYOR PIPELINE EASEMENT LICENSE NO. 6040 LjNVns aecisTFeeoFa— SHOWING APPROXIMATELY 3,028 LINEAR FEET FOR THE CENTERLINE OF LGA 24"WATERLINE,HEREIN DESCRIBED AS A"PIPELINE EASEMENT',COMPRISED OF .000APPROXIMATELY 2,843 LINEAR FEET REFERRED TO AS24'WATERLINE A"AND APPROXIMATELYanArJurroCgnpcny 185 LINEAR FEET REFERRED TO AS"24"WATERLINE B",ACROSS A CALLED 2,694.93-ACRE TRACT 2020AND A CALLED 1,945.75-ACRE TRACT DESCRIBED IN DEEDS TO THE NUECES COUNTY engineers I architects I Surveyors NAVIGATION DISTRICT NO.1 AS RECORDED IN VOLUME 192,PAGE 579 AND em NA TM.5UQE -I-M11e!n,}f9d4ms, VOLUME 719,PAGE 358,DEED RECORDS,NUECES COUNTY,TEXAS,AND OUT OF THE'RINCON 1 O F 3 ca+aus aussn.ix ruos wmvsmwccau DEL OSO"GRANT,ABSTRACT N0.1,IN NUECES COUNTY,TEXAS. REFERENCES: " r r D.R.N,C.T. DEED RECORDS,NUECES COUNTY,TEXAS EXHIBIT D O.R.N.C.T. OFFICIAL RECORDS,NUECES COUNTY,TEXAS P.O.B. POINT OF BEGINNING Lp uw P.O.T. POINT OF TERMINATION TC RR SITE MONUMENTATION: ry ti<i� Upq 0 CALCULATED POINT. Fe /fOp'14a /rF`q Ro, 0 FOUND 5/8'IRON ROD,OR AS NOTED. 57 ■ NGS MONUMENT O ryAi Cm of nT C CORPUS 4-CHRISTI 1 4 " ry� LOCATION MAP N.T.S. 2,843 LINEAR ly FEET FOR THE CENTERLINE OF A 24"WATERLINE A ryk NUECES COUNTY NAVIGATION DISTRICT No.i �� y�P (CALLED 2,694.93-ACRES) nn3• VOL.192,PG.579 0 i0 D.R.N.C.T. O�`O� S O D CPLD ry� R ryk� MAGELLAN PIPELINES HOLDINGS, L.P. (MULTIPLE PIPELINES) DOC. No. 2016039275 / O.R.N,C.T. / '►� EXISTING SHORELINEPIN r • / / A (MULTIPLE PIPEINES) DOC. No. 2018005171 / O.R.N.C.T. I HEREBY CERTIFY THAT: / THIA SURE YW AS ADE PREPARED BASED ON THE GROUND UNDER MY DIRECT SUPERVISION. THIS 14TH DAY OF DECEMBER, 2021 NOTES: A.D. (REVISION DATE: 01-25-2022) 1. ACCOMPANYING METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED. 2. BASIS OF BEARING OF THIS SURVEY IS GRID NORTH AS OBSERVED BY P�G OTF h'r�"�"" GPS,TEXAS COORDINATE SYSTEM OF 1983(NA083),SOUTH ZONE 4205, .�••F, `<.• -9 WITH A COMBINED SCALE FACTOR OF 1.00000329. 3. PARENTHESIS INDICATE CALLED BEARING ANDIOR DISTANCE. InV SEERGIO Z. CANALES 4. BY GRAPHIC PLOTTING ONLY,THIS PROPERTY LIES WITHIN FLOOD ` •'0•••«•••••«•P�'� ZONE A.ZONE B,AND ZONE C.ACCORDING TO THE FLOOD INSURANCE 50, 0 50, 100, ;'Ap 6040 RATE MAP OF NUECES COUNTY,TEXAS,PANEL NO.485494 0303 C, : 1 EFFECTIVE DATE:MARCH 18,1985. SCALE:111= 1001 O •• •J S. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT. SERGIO Z. CANALES PIPELINE EASEMENT REG DCENSERED NO.PROFESSIONAL LAND SURVEYOR LINV as n>snsTFneo FM— SHOVIANG APPROXIMATELY 3,028 LINEAR FEET FOR THE CENTERLINE OF DRAWN BY: RLG umweEuvc H-F-M6 A 24•WATERLINE,HEREIN DESCRIBED AS A'PIPELINE EASEMENT-,COMPRISED OF ;cF 101msoa JOB NO: 180352.000 ie,�r+Ea.nn.eases APPROXIMATELY 2,843 LINEAR FEET REFERRED TO AS'24'WATERLINE A'AND APPROXIMATELY aakdum Company 185 LINEAR FEET REFERRED TO AS"24'WATERLINE B',ACROSS A CALLED 2,694.93-ACRE TRACT SURVEY5D: 06-19-2020 AND A CALLED 1,945.75-ACRE TRACT DESCRIBED IN DEEDS TO THE NUECES COUNTY SHEET: engineers I architects I Surveyors NAVIGATION DISTRICT NO.1 AS RECORDED IN VOLUME 192,PAGE 579 AND wl luwwnox,surteaao ria 1)611 m11s•1 VOLUME 719,PAGE 358,DEED RECORDS,NUECES COUNTY,TEXAS,AND OUT OF THE-RINCON 2 O F 3 LOIV115 CMa6R T%1N06 FAY 1161166N966 DEL OSO'GRANT,ABSTRACT N0.1,IN NUECES COUNTY,TEXAS. M NGS M,-] ONUMENT"52440" / r,EXHIBIT Dr' X=1,311,224.17 Y=17,182,859.33 ELEV=9.81 qR SITE , UPR m .120' , (�0 42'R Ro. STAGING/OPERATING w ' •' .• . , sT 40 AREA , cs o,lid• N 0 2 JO G�F'1? ,• ,, CITY OF �6• 7L h• , CORPUS CHRISTI •' • ',,.. HYO'44 OAUGER BORE n i?�r ,'••''y SENDING PIT LOCATION MAP N.T.S. 7 �J 50' X 25' OF 1 / P.O.T. PROP AIR AND p/ 55.52 P.O.T. / (24"WATERLINE A) \ VACUUM VALVE IN 1 (24"WATERLINE A) 5' F/G MANHOLE L X=1,311,971.13 PROP AIR AND 185 LINEAR ,U DETAILA Y=17,192,155.73 VACUUM VALVE IN FEET FOR THE >t ?t 7 5' F/G MANHOLE CENTERLINE OF ��� NUECES COUNTY 24"WATERLINE B h, NAVIGATION DISTRICT No.1 ryh h� I 'fey FIRE HYDRANT ry� (CALLED 1,945.75-ACRES) ASSEMBLY AND �. TEST STATION VOL.719,PG.358 N1' (2) GATE VALVES No. 9 AND 10 P.O.B. AND BOXES \ D.R.N.C.T. \4"WATERLINE B) X=1,311,934.91 AUGER BORE O� Y=17,192,113.64 50C ErVING PIT .30' \ D� GATE VALVE PIN OAK LLC. yh L AND BOX/ (MULTIPLE PIPELINES) P T \ DOC. No. 2018005171 (24"WATERLINE B) / X=1,311,813.41 O.R.N.C.T. Y=17,191,998.72 DETAIL A N.T.S. \ \ h / \ ti 2,843 LINEAR \ FEET FOR THE NUECES COUNTY NAVIGATION \ CENTERLINE 24"WATERLINE A DISTRICT No.1 \ \ (CALLED 2,694.93-ACRES) \ VOL.192,PG.579 ►� \ \ N D.R.N.C.T. 0 O --") D \ / LNV P�J� tiQ F A � p MAGELLAN PIPELINES !iq ti HOLDINGS, L.P.(MU Tcs DOC.TNo. PIPELINES)E2016039275 / / 0 50' 100' O.R.N.C.T. SCALE:I"= 100' I HEREBY CERTIFY THAT: THIS SURVEY WAS PREPARED BASED ON A SURVEY MADE ON THE NOTES: GROUND UNDER MY DIRECT REFERENCES: SUPERVISION. 1. ACCOMPANYING METES AND BOUNDS D.R.N.C.T. DEED RECORDS,NUECES COUNTY,TEXAS THIS 14TH DAY OF DECEMBER, 2021 DESCRIPTION HAS BEEN PREPARED. O.R.N.C.T. OFFICIAL RECORDS,NUECES COUNTY,TEXAS A.D. P.O.B. POINT OF BEGINNING (REVISION DATE: 01-25-2022) 2. BASIS OF BEARING OF THIS SURVEY IS GRID P.O.T. POINT OF TERMINATION NORTH AS OBSERVED BY GPS, TEXAS COORDINATE SYSTEM OF 1983(NAD83),SOUTH MONUMENTATION: OF ZONE 4205,WITH A COMBINED SCALE FACTOR OF �- 0 CALCULATED POINT. ��,• F • FOUND 5/8"IRON ROD,OR AS NOTED. �P-.•O 1 sTER -I- 3. PARENTHESIS INDICATE CALLED BEARING NGS MONUMENT AND/OR DISTANCE. ------------!1 4. BY GRAPHIC PLOTTING ONLY,THIS PROPERTY SERGIO�Z. CANALES LIES WITHIN FLOOD ZONE A,ZONE B.AND ZONE LINE BEARING DISTANCE C,ACCORDING TO THE FLOOD INSURANCE RATE 'P 6040 P MAP OF NUECES COUNTY,TEXAS,PANEL NO. L1 N 51°08'18"W 17.50' % toy 485494 0303 C,EFFECTIVE DATE:MARCH 18,1985. L2 S 83°51'42"W 7.05' 5. THIS SURVEY HAS BEEN PREPARED WITHOUT L3 S 38°51'42'W 52.50' THE BENEFIT OF A TITLE COMMITMENT. SERGIO Z. CANALES NSER NO.P6040 SSIONAL LAND SURVEYOR PIPELINE EASEMENT LICE ���.seE.�s aEWsrenm oauea. SHOWING APPROXIMATELYDESCRIBED IBE AS ALINEAR FEET E R THE EASEMENT,COLINE OFMPRISED DRAWN BY: RLG EIbp1EEPNOFIW iJ68 A 24'WATERLINE,HEREIN DESCRIBED AS A'PIPEIiNE EASEMENT',COMPRISED OF saveru+a rvu++o+x4soo JOB N0: 180352.000 renE asa.aa eases APPROXIMATELY 2,843 LINEAR FEET REFERRED TO AS K4'WATERLINE A"AND APPROXIMATELY an Ardurr"Carip"ny 185 LINEAR FEET REFERRED TO AS"24•WATERLINE B",ACROSS A CALLED 2,894.93-ACRE TRACT SURVEYED. 06-1&2020 AND A CALLED 1,945.75-ACRE TRACT DESCRIBED IN DEEDS TO THE NUECES COUNTY SHEET: engineers I architects I surveyors NAVIGATION DISTRICT NO.1 AS RECORDED IN VOLUME 192,PAGE 579 AND Be+NAVq VOn,—E- -I>a+1m�+� VOLUME 719,PAGE 358,DEED RECORDS,NUECES COUNTY,TEXAS,AND OUT OF THE-RINCON3 O F 3 .—R— Fnxtxp°°}'B°s DEL OSO-GRANT,ABSTRACT NO.1,IN NUECES COUNTY,TEXAS, vrnwlmvlcco" Exhibit"E" INSURANCE REQUIREMENTS Without limiting the indemnity obligations or liabilities of Grantee or its insurers,provided herein,Grantee agrees to procure and maintain at its sole expense during the term of the contract the following policies of insurance(sometimes collectively referred to in this exhibit as the "Policies") and in at least the minimum amounts specified below: TYPE OF INSURANCE LIMITS OF LIABILITY A. Workers' Compensation Statutory In the event that the work of Grantee's employees falls within the purview of the United States Longshore and Harbor Workers Coverage,the Jones Act or the Federal Employer's Liability Act, Grantee shall extend its insurance coverage to provide insurance against the liabilities imposed under the applicable Act or Acts. B. Employer's Liability $1,000,000 per Occurrence $1,000,000 Aggregate C. Commercial General Liability $3,000,000 per Occurrence $5,000,000 Aggregate The CGL Policy will provide contractual liability coverage at the aforementioned limits. D. Business Automobile Liability $1,000,000 per Occurrence Automobile liability insurance coverage will include all owned, non-owned, and hired vehicles. E. Umbrella Liability $5,000,000 per Occurrence Umbrella liability coverage will apply to Employer's Liability,Commercial General Liability, and Business Automobile Liability. F. Pollution Liability $2,000,000 per Occurrence Sudden and Accidental Pollution liability insurance covering bodily injury, property damage, environmental cleanup,remediation, disposal, and other losses caused by pollution conditions occurring during the term of this Contract. If Grantee's Commercial General Liability and Umbrella policies contain a deletion of the pollution coverage exclusion,then this policy is not required. 336773v6 15 City of Corpus Christi Water Pipeline Relocation Easement(2022) G. Railroad Protective Liability $1,000,000 per Occurrence $2,000,000 Aggregate If Commercial General Liability and Umbrella policies contain a deletion of the railroad coverage exclusion,then this policy is not required. H. Protection&Indemnity (P&I) $3,000,000 per Occurrence Should any of the work require marine operations,the Grantee shall provide Protection&Indemnity insurance with respect to bodily injury and/or property damage arising from marine operations. Grantee's liability shall not be limited to the specified amounts of insurance required herein.Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against the Authority,its Port Commissioners,officers and employees ("Authority Parties"). Grantee agrees that all insurance policies required herein shall include full Waivers of Subrogation in favor of the Authority. Grantee agrees to immediately provide to each insurance company,which has issued to it,policies of insurance applicable to provisions of this Contract,written notice of the terms of the waiver set forth in this Exhibit,and to have said insurance policies properly endorsed,if necessary,to prevent the invalidation of said insurance coverage by reason of said waiver; and Grantee will provide to Authority a copy of said endorsement or endorsement or evidence that such endorsement is not necessary to prevent the invalidation of the insurance coverage by reason of such waiver. Additionally, the Authority Parties shall be designated as an Additional Insured either by a blanket additional insured or a specific endorsement on all policies, except for Worker's Compensation and Employer's Liability. Each policy, except Workers' Compensation must contain an endorsement that the policy is primary to any other insurance available to the Additional Insureds with respect to claims arising under this Contract. Prior to the execution of this contract and prior to the expiration date of each of the Policies, Grantee or its insurance producer/broker, shall provide Certificates of Insurance (COI) of the minimum insurance required in this Exhibit. The minimum insurance required may be increased periodically upon request by Authority to commercially reasonable limits. The company writing each of the Policies must possess a current rating with A.M. Best Company of at least "A-,VII". If Grantee elects to self-insure or to maintain insurance required herein subject to deductibles and/or retentions, Authority and Grantee shall maintain all rights and obligations between themselves as if Grantee maintained the insurance with a commercial insurer including any additional insured status,primary liability,waivers of rights of recovery/subrogation,other insurance clauses,and any other extensions of coverage required herein.Prior to the execution of this contract, and annually thereafter, Grantee shall provide evidence of self-insured status by issuing a self- insured letter on company letterhead and endorsed by an executive officer of the company. Grantee shall pay from its assets the costs, expenses, damages, claims, losses and liabilities, including 336773v6 16 City of Corpus Christi Water Pipeline Relocation Easement(2022) reasonable attorney's fees and necessary litigation expenses at least to the extent that an insurance company would have been obligated to pay those amounts if Grantee had maintained the insurance pursuant to this Section. Without limiting any of the other obligations or liabilities of Grantee, Grantee shall require each contractor/subcontractor performing work under the Agreement at contractor's/subcontractor's own expense,to have in place at all times,the same stipulated minimum insurance as shown herein. As an alternative, Grantee may include its contractors/subcontractors as additional insureds on its own coverage as prescribed under these requirements. Grantee's certificate of insurance shall note in such event that Contractors/Subcontractors are included as additional insureds and that Engineer agrees to provide workers' compensation for subcontractors and their employees. Grantee shall obtain and monitor the certificates of insurance from each contractors/subcontractor in order to assure compliance with the insurance requirements. Grantee must retain the certificates of insurance for the duration of the Agreement plus five(5)years and shall have the responsibility of enforcing these insurance requirements among its contractors/subcontractors.Authority shall be entitled,upon request and without expense,to receive copies of these certificates. 336773v6 17 City of Corpus Christi Water Pipeline Relocation Easement(2022) Execution Version EXHIBIT B Scope of Work SHIP CHANNEL CROSSING—WATER PIPELINE RELOCATION As a result of the Channel Improvement Project, the U.S. Army Corps of Engineers (USACE) identified all pipelines and utilities that are in conflict with the USACE dredging plans. The City owns two 16" potable water pipelines at Avery Point that have been determined to be in conflict and will be relocated as part of this project. There are two separate phases to this relocation. Phase I will be the removal of the two 16"pipelines at Avery Point. This includes marine removal of the pipelines in the Corpus Christi Ship Channel between the two bulkheads or shorelines on the north and south sides of the channel, which is approximately 1000 feet, and the land removal of the pipeline on the north and south sides of the channel to the nearest valve. The pipeline and any associated equipment will be fully removed and properly disposed of and the land area will be restored to its original condition. The valves for the two water lines will remain in place to potentially serve the Authority. Phase I of the relocation is expected to be complete in November 2023. Phase II will be the installation of a 24" pipeline at the Tule Lake Turning Basin ("Pipeline Facilities"). The City has contracted with LNV Engineering for design services, is working to obtain required permits and easements and will contract for construction of the pipeline. A steel pipeline will be installed by directional drilling 175 feet below Mean Lower Low Water(MLLW). Phase II of the relocation is expected to be complete in March 31, 2025. 352607 Execution Version EXHIBIT C Estimated Cost SHIP CHANNEL CROSSING—WATER PIPELINE RELOCATION Total Estimated Cost of Relocation = $14,235,445.90 Phase I Removal Cost= $2,669,813.00 USACE Permitting, Survey, Preliminary Engineering $115,500.00 Line Clearing, Cleaning, Prepare for Removal $72,950.00 Construction—Removal of Two Pipelines $2,368,178.06 Prepare As-builts, Final Documentation Preparation $19,050.00 Project Management and Inspection Costs $94,134.94 Phase II Installation Cost= $11,565,632.90 USACE Permitting and Land Acquisition $50,000.00 Engineering Fees $605,846.00 Construction—Installation of One Pipeline $9,909,786.90 Project Management and Inspection Costs $940,000.00 Construction Materials Testing $60,000.00 352607 ULE LAKE W Es ta PROJECT LOCATION A�°ar � ° S N °O,y CORPUS CHRISTI BAY e� VICINITY MAP a , NOT TO SCALE 9, cc O cc STEEL24-INCH N T y ro WATERLINE C) 4 7 Barr�, � 7 L r 0 J i, s r � b w T u TWO REMOVED 16-INCH Ny O i WATERLINE a 2N LEGEND - ' u PROP.STEEL 24-INCH WATERLINE s,• ..... TWO REMOVED 16-INCH WATERLINE AERIAL MAP f NOT TO SCALE PROJECT NUMBER: 18156 SHIP CHANNEL WATERLINE CITY COUNCIL EXHIBIT , di CITY ENCORPUS CHRISTI,TEXAS REMOVAL AND RELOCATION DEPARTMENT OF ENGINEERING SERVICES se w 0 H AGENDA MEMORANDUM CORPOR 1g4 First Reading Ordinance for the City Council Meeting of August 29, 2023 1852 Second Reading Ordinance for the City Council Meeting of September 5, 2023 DATE: August 10, 2023 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management and Budget eddieho(a)-cctexas.com (361) 826-3792 FY 2023 Budget Amendment for HOT Funds CAPTION: Ordinance amending FY 2023 Operating Budget to appropriate $1,700,000.00 from anticipated Hotel Occupancy Tax (HOT) revenues in the HOT Fund for the contractual payment to Visit Corpus Christi (VCC)and for an emergency declaration for a transformer failure at American Bank Center and appropriating $330,000.00 from the unreserved fund balance of the HOT Fund for consulting professional services related to the Convention Center Expansion Project; and amending the FY 2023 Operating Budget. SUMMARY: The contract between the City and VCC for promotion of convention and visitor activity provides for a payment of 44% of the City's 7% HOT receipts. The actual revenue received from the 7% HOT receipts and the monthly payment to VCC has been greater than budgeted. The total payments to VCC is projected to be $1,200,000.00 greater than budgeted. The table below shows the amount budgeted and the actual payment to VCC through 11 months and an estimate for month 12. ,f,—F"VCC Payment Actual VCC Variance from Budgeted (44%) Payment (44%) Budget_____L_ October $820,128 $1,246,214 ($426,086) _._._._._ _._._._._ ._._._._. November $538,370 $669,754 $131,384 December $518,528 $489,596 $28,932 January $408,008 $553,104 ($145,096) February $348,964 $314,483 $34,481 March $303,278 $262,530 $40,748 April $319,967 $366,000 ($46,033) May $328,782 $428,413 ($99,631) June $547,583 $605,464 ($57,881) July $583,577 $595,564 ($11,987) August $571,423 $651,109 ($79 686)- , _ September $644,978 $951,355* ($306,377)* Estimated* Total $5,933,586 $7,133,586* ($1,200,000)* Budget Amendment On August 7, 2023, there was a transformer explosion at American Bank Center that caused damage to wiring and other electrical equipment. Repairs are estimated to cost $500,000.00. An emergency declaration was approved by the City Manager on August 8, 2023. These budget adjustments require an amendment to the FY 2023 Operating Budget Ordinance #032855 for HOT Fund revenue and expenditures of$1,700,000.00 for the estimated payment to VCC and to cover damages caused by the transformer failure at the American Bank Center and an increase in expenditures of$330,000.00 from the unreserved fund balance of the HOT Fund for consulting professional services related to the Convention Center Expansion Project. BACKGROUND AND FINDINGS: HOT Fund revenue budgeted and contractual expenditure payment to VCC budgeted are less than current projected amounts. On August 7, 2023, there was a transformer explosion at the American Bank Center that caused damage to wiring and other electrical equipment. The FY 2023 Operating Budget needs to be amended by increasing revenues and expenditures by $1,700,000.00 to pay out the full contractual amount to VCC and to cover damages caused by the transformer failure. An additional $330,000 is needed for consulting professional services related to the Convention Center Expansion Project. These funds will be appropriated from the unreserved HOT fund balance. FISCAL IMPACT: The fiscal impact for FY 2023 consists of increasing HOT Fund revenue by $1,700,000.00 and expenditures by $2,030,000.00 for payment to VCC, to cover damages at the American Bank Center and to provide funding for consulting professional services related to the Convention Center Expansion Project. Funding Detail: Fund: 1030 HOT Tax Fund Organization/Activity: 13800 Convention Promotion Department: 34 Tourism Account: 530000 Professional Services Amount: $1,200,000.00 Fund: 1030 HOT Tax Fund Organization/Activity: 13605 Convention Center Maintenance Department: 34 Tourism Account: 530210 Building maintenance & service Amount: $500,000.00 Fund: 1030 HOT Tax Fund Organization/Activity: 15100 Economic Development Department: 34 Tourism Account: 530000 Professional Services Amount: $330,000.00 Revenue: Fund: 1030 HOT Tax Fund Organization/Activity: 11020 General Governmental Revenue Department: 34 Tourism Account: 300500 Hotel Occupancy Tax Amount: $1,322,237.00 Fund: 1030 HOT Tax Fund Organization/Activity: 11020 General Governmental Revenue Department: 34 Tourism Account: 300501 Hotel Occupancy Tax— Convention Center Amount: $377,763.00 RECOMMENDATION: Staff recommends approving the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $1,700,000.00 of anticipated hotel occupancy tax (HOT) revenues in the No. 1030 HOT Fund for a contractual payment to Visit Corpus Christi and for an emergency declaration for a transformer failure at American Bank Center; appropriating $330,000.00 from the unreserved fund balance in the HOT Fund for professional consulting services related to the Convention Center Expansion Project; and amending the FY 2023 Operating Budget. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $1 ,700,000.00 are appropriated from the anticipated hotel occupancy tax (HOT) revenues in the No. 1030 HOT Fund for a contractual payment of approximately $1 ,200,000.00 to Visit Corpus Christi and for the completion of repair work, under an emergency declaration, totaling approximately $500,000.00 at the American Bank Center resulting from a transformer failure. SECTION 2. Additionally, funds in the amount of $330,000.00 are appropriated from the unreserved fund balance in the No. 1030 HOT Fund for professional consulting services related to the Convention Center Expansion Project. SECTION 3. The FY 2023 Operating Budget adopted by Ordinance 032855 is amended by increasing both revenues and expenditures by $1 ,700,000.00 and is further amended by increasing expenditures an additional $330,000.00. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting August 29, 2023 Second Reading Ordinance for the City Council Meeting of September 05, 2023 DATE: August 29, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Charles Mendoza, Director of Asset Management CharlesM2(a-)-cctexas.com (361) 826-1941 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2Ca)-cctexas.com (361) 826-3169 Construction Change Order Police Training Academy CAPTION: Ordinance authorizing the approval of Change Order No. 1 with Fulton Coastcon General Contractors of Corpus Christi, Texas, in an amount of $298,444.04 for a total amount not to exceed $21,453,050.04 for the Police Training Academy, located in Council District 5, amending the Capital Budget with FY 2023 funding available from general fund. SUMMARY: This ordinance authorizes construction change order no. 1 to provide additional construction services. The additional scope includes a storm drain tie-in, relocation of AEP power poles, asphalt parking lot and concrete driveway subgrade modification and the addition of a motorized partition wall. BACKGROUND AND FINDINGS: On December 20, 2022, City Council approved a one-reading ordinance awarding a construction contract to Fulton Coastcon General Contractors of Corpus Christi, Texas for the construction of the new Police Training Academy. Construction began on March 6, 2023 and during the course of construction Fulton Coastcon identified a few design issues that require attention. In addition, a request was received from the Corpus Christi Police Department (CCPD) to eliminate the solid wall separating the two training classrooms with a movable partition wall. Details of the change order no. 1 are described below. Storm Drain Tie-in: The design drawings did not capture the integration of the roof drains and the storm water system. The revised design shows all roof drains connected to the stormwater system. The cost for this item is $32,651.00. This item is an error in omission by the designer. The change order covers the additional material and labor. Relocation of AEP Power Poles: Three existing AEP power poles are in conflict with the new concrete driveways in front of the police academy. The power poles will be relocated by AEP to the West of the Academy. AEP is covering the relocation and tie-in cost and the City is responsible for the infrastructure from the poles new location back to the project site. The cost for this item is $31,570.09. This item is an error by the designer. The change order covers the additional material and labor. Subgrade Modification: The design drawings showed an asphalt and concrete pavement detail that did not meet the minimum requirements identified in the geotechnical report. The new concrete pavement design will include additional concrete and lime stabilized subgrade. The cost for this item is $114,229.00. This item is an error by the designer. The change order covers the additional material and labor. Motorized Partition Wall: Corpus Christi Police Department (CCPD) has requested that the wall separating the training classrooms be modified to a moveable partition wall. This modification will allow CCPD to transform their classroom environment as needed. The cost for this item is $119,893.95. This item is a city-intiated change at the request of CCPD. The change order covers the additional material and labor. PROJECT TIMELINE 2023 - 2024 March - June Construction Projected schedule reflects a construction start of March 2023 and a construction completion of June 2024. ALTERNATIVES: City council could choose not to approve the requested change order to Fulton Coastcon's contract. By doing so the useful life of the exterior infrastructure will be compromised and the flexibility of the classroom space will be hindered. FISCAL IMPACT: Each year, the City Manager has $500,000 in discretionary funds available for use. The fiscal impact for FY 2023 is an amount of$298,444.04 with funding available through the discretionary funds to be transferred into the General Fund. FUNDING DETAIL: Fund: General Fund (Fund 1020) Department: Governance (14) Org: Police Training (11790) Account: Construction (550910) Activity: 21086-1020-EXP Amount $298,344.04 RECOMMENDATION: Staff recommends authorizing the approval of change order No. 1 with Fulton Coastcon General Contractors of Corpus Christi,Texas in an amount of$298,444.04 for a total amount not to exceed $21,453,050.04 for the Police Training Academy. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Change order Ordinance Ordinance authorizing the approval of Change Order No. 1 with Fulton Coastcon General Contractors of Corpus Christi, Texas, in an amount of$298,444.04 for a total amount not to exceed $21,453,050.04 for the Police Training Academy, located in Council District 5, amending the Capital Budget with FY 2023 funding available from general fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to appropriate $298,444.04 and increase expenditures by $298,444.04. SECTION 2. The City Manager or designee is authorized to execute Change Order No. 1 with Fulton Construction, Inc. in the amount of $298,444.04 for the Police Training Academy. 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 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER PROJECT: (RE-BID)Police Training Academy(Bond 2020)(RFB 4421) CHANGE ORDER NO: 1(COUNCIL) CONTRACTOR: Fulton Coastcon General Contractors CHANGE ORDER DATE: 8/2/2023 ENGINEER: Turner Ramirez Architects(CN 3556) PROJECT NUMBER: 21086 PROJECT MANAGER: Isaac Perez ORIGINAL CONTRACT TIME: 494 CD's OPERATING DEPT.: Public Health/Safety-Police Make the following additions,modifications or deletions to the work described in the Contract Documents: ADDITIONS Quantity Unit Unit Price Total COR 1,4,6,&8:CITY DESIGN ERRORS PARTI-SPECIALTIES I-N1 Corflex 5900 Series Motorized Partition-Option 3(COR 1) 1 LS $ 119,893.95 $ 119,893.95 Subtotal: $ 119,893.95 PART M-MEP M-Nl Relocation of AEP Power Poles(COR 6) 1 LS $ 31,570.09 $ 31,570.09 Subtotal: $ 31,570.09 PART P-EXTERIOR IMPROVEMENTS P-Nl Subgrade at Concrete Pavement-Option 1(COR 8,RFI 4) 1 LS $ 114,229.00 $ 114,229.00 Subtotal: $ 114,229.00 PART Q-UTILITIES Q-Nl Roof Drain Tie-In to Storm Sewer(COR 4,RFI 6) 1 LS $ 32,651.00 $ 32,651.00 Subtotal: $ 32,651.00 Additional Contract Time Due To:Scope of Work none DAY $ - $ - Additional Contract Time Due To:Rain/Weather none DAY $ - $ - Additional Contract Time Due To:Critical Path Delays none DAY $ - $ - Additional Contract Time Due To:Other none DAY $ - $ - Additions Total: $ 298,344.04 DELETIONS Quantity Unit Unit Price Total none 1 n/a 0 LS $ - $ - Subtotal: $ Deletions Total: $ - Additional Calendar Days requested 0 NET TOTAL OF THIS CHANGE ORDER: $ 298,344.04 Why was this Change necessary: COR 1:CCPD has requested that the wall separating the training classrooms be modified to a moveable partition wall.This modification will allow CCPD to transform their classroom environment as needed. COR 6:Three existing AEP power poles were in conflict with the new concrete driveways in front of the police academy.The design did not account for the conflict so the City and FOR worked with AEP to have the power poles relocated further West.The City is responsible for the infrastructure from the poles new location back to the project site. COR 8:The design drawings showed a concete pavement detail that did not meet the minimum requirements identified in the geotechnical report.The new design detail includes an additional 0.5 inches of concrete and 8 inches of lime stabilized subgrade. COR 4:The design drawings did not capture the integration of the roof drains and the storm water system.The drawings have been updated and this change order captures the additional cost for labor and materials. This Contract Modification represents Final Adjustment for any and all amounts due or to become due to Contractor for changes referred to herein.Contractor further releases all other claims,if any(except those claims previously submitted in writing in strict accordance with the Contract),for additional compensation under this Contract,including without limitation any rights Contractor may have for additional compensation arising out of delays or disruption of Contractor's schedule as may have arisen prior to the date of this Contract Modification.Unless otherwise expressly provided herein,the time of completion and all other terms and conditions of the Contract remain unchanged. CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER PROJECT: (RE-BID)Police Training Academy(Bond 2020)(RFB 4421) CHANGE ORDER NO: 1(COUNCIL) CONTRACTOR: Fulton Coastcon General Contractors CHANGE ORDER DATE: 8/2/2023 ENGINEER: Turner Ramirez Architects(CN 3556) PROJECT NUMBER: 21086 PROJECT MANAGER: Isaac Perez ORIGINAL CONTRACT TIME: 494 CD's OPERATING DEPT.: Public Health/Safety-Police Original Contract Amount $ 21,154,706.00 Proposed Change Order Maximum Change Order Contingency Amount(25%) $ 5,288,676.50 Funding Source(s) Remaining Available Contingency Amount(including this CO) $ 4,990,332.46 SECTION/FUND FUND: 1020-14 Previously Approved Change Order Amount $ - ACCOUNT: 550910 Proposed Change Order Amount $ 298,344.04 for use by CAP ACTIVITY: 21086-1020-EXP Revised Contract Amount $ 21,453,050.04 for use by CAP AMOUNT: $298,344.04 Percent of Total Change Orders(including this CO) 1.41% SECTION/FUND Original Contract Time for Substantial Completion 494 CD's FUND: n/a Notice to Proceed Date 3/6/2023 ACCOUNT: n/a Original Substantial Completion Date 7/12/2024 ACTIVITY: n/a AMOUNT: n/a Previously Approved Change Order Time 0 CD's Additional Time on This Change Order 0 CD's SECTION/FUND Revised Contract Time for Substantial Completion 494 CD's FUND: 11/a Revised Substantial Completion Date 7/12/2024 for use by CAP ACCOUNT: n/a ACTIVITY: n/a CONTRACTOR AMOUNT: 11/a REQUESTED BY:Fulton Coastcon General Contractors SECTION/FUND FUND: n/a ACCOUNT: n/a Frank Malone Date ACTIVITY: n/a Project Manager AMOUNT: n/a CITY OF CORPUS CHRISTI REVIEWED BY: APPROVED BY: Amie Wojtasczyk Date Jeff H.Edmonds Date Construction Supervisor Director of Engineering Services RECOMMENDED BY: APPROVED BY: Brett Van Hazel Date ($50,000.00-$99,999.99)Neiman Young Date Construction Engineer Assistant City Manager initials APPROVED AS TO Authorized Legistrar No. FORM:Janet Whitehead Date Assistant City Attorney By Council Council Date RECOMMENDED BY: ATTEST: Kamil Taras Date (Council)Rebecca Huerta Date Management and Budget Designee (>_$100,000.00 or>_25%)City Secretary Fultonastcon Proposed Change °"2°'2023 Genera Contractors City of Corpus Christi 21086 COR 1 21086 Police Training Academy I - N1, + 0 CD's Proposal Request#1 Option #3 - Corflex 5900 Series Motorized Partition Material/ Description Labor Equipment Subcontractor Allowance Total Structural Steel 28,200.00 28,200.00 Rough Carpentry 1,130.00 1,130.00 Drywall 9,427.00 9,427.00 Doors and Frames (1,080.00) (1,080.00) Folding Partition(Motorized Folding) 66,777.00 66,777.00 Electrical 9,730.71 9,730.71 Subtotall 114,184.71 1 114,184.71 OH &P 5,709.24 Total 119,893.95 Description of Work: Option#3 includes providing a Motorized folding Corflex 5900 Series partition,deleting the partition and doors currently dividing rooms B205 and B206 in the project but would included building of a pocket wall structure to enclose the partition when not in use. A bulkhead for the track and acoustical ceiling to die into would be installed. Partition will required structural steel framing above ceiling for support of the partition. SUBMITTED BY: ACCEPTED BY: Sign: /J, ,/-- Sign: Print: Frank Malone Jr. Print: Fulton*Coastcon Date: 8/1/23 Project Owner Date: Page 1 of 1 Proposed Chane 7/12/2023 Fulton Coastcon p 9 Genera Contractors City of Corpus Christi 21086 COR 6 21086 Police Training Academy M - N1, + 0 CD's Proposed Change# 6 Relocation of AEP Power Poles Material/ Description Labor Equipment Subcontractor Allowance Total Civ 1 ivi 1 30,066.75 30,066.75 Subtotal 30,066.75 30,066.75 OH &P 1,503.34 Total 31,570.09 Description of Work: Provide all labor, material and equipment to install 2ea runs of 6"conduit for feeders for AEP unground wire. Conduit runs would be from the proposed new drop location to the AEP Transformer. Conduit to be installed at depth provided by AEP. SUBMITTED BY: ACCEPTED BY: Sign: -fes-'`f z Sign: Print: Frank Malone Jr. Print: Fulton*Coastcon Date: 7/12/2023 Project Owner Date: Page 1 of 1 Proposed e d Chane Fulton Coastcon p 9 21086 6'30/2023 General Contractors City of Corpus Christi COR 8, RFI 4 21086 Police Training Academy P - N1, + 0 CD's Proposed Change# 8 Subgrade at Concrete Pavement Detail Option #1 Material/ Description Labor Equipment Subcontractor Allowance Total Site Work 108,790.00 108,790.00 Subtotall 1 1 108,790.001 108,790.00 OH&P 5,439.50 Total 114,229.50 Description of Work: Per the details descrition the following is priced for Option#1: Asphalt#1: "Reduce Limestone Base from 7"to 6"and increase lime stabilized subgrade from 6"to 8"" Concrete#1: Increase reinforced concrete from 5.5"to 6"and change 6"Compacted Subgrade to 8" Lime Stabilized Subgrade SUBMITTED BY: ACCEPTED BY: Sign: Sign: Print: Frank Malone Jr. Print: Fulton*Coastcon Date:6/30/2023 Project Owner Date: Page 1 of 1 r^ Fulton Construction Project: 1845 CCPD-Training Academy FultonftCo COaStCon 1102 2nd St 6902 Yorktown Boulevard GeneraritraCtOrs Corpus Christi,Texas 78404 Corpus Christi,Texas 78414 P: (361)993-5200 RFI #4: Subgrade at Concrete Pavement Detail Status Open To Christine Valenti-Gamucci(Turner, Ramirez From Frank Malone(Fulton Construction) Architects) 1102 2nd St. Corpus Christi,Texas 78405 Date Initiated Mar 16,2023 Due Date Mar 23,2023 Location Project Stage Cost Impact Schedule Impact Spec Section Drawing Number Linked Drawings Received From Rodney Parker(R.S. Parker Construction) Copies To Brian Bienek(Turner, Ramirez Architects), Robert Connolly(Turner, Ramirez Architects),Tim Dollar(Fulton Construction), Riley Gourley(Turner, Ramirez Architects), Nathan Swinney(Turner, Ramirez Architects), Christine Valenti-Gamucci(Turner, Ramirez Architects), David Williams(Fulton Construction) Activity Question Question from Frank Malone Fulton Construction on Thursday, Mar 16, 2023 at 11:41 AM CDT Per the concrete pavement detail on Civil Sheet C4.0,please confirm that we are proceeding with 6"of existing dirt compacted to 98%under all site pavement. Attachments Concrete Pavement Detail.pdf Awaiting an Official Response Per the geotechnical report, we need to revise the asphalt pavement section for the parking lot and the concrete pavement section for the main drive isle. Asphalt - Reduce limestone flexible base from 7" to 6" and increase lime stabilized subgrade from 6" to 8". Concrete - . ncrease reinforced concrete from 5.5" to e 6" co ed subgrade to 8" lime stabilized subgrade. Option 2: Increase reinforced concrete from 5.5" to 6" and add 6" of limestone base and increase 6" compacted subgrade to 12" compacted subgrade. Fulton Construction Pa e 1 of 1 tii ar 16,2023 11:42 AM CDT FultonCoastcon Proposed Change 6/5/2023 Genera Contractors City of Corpus Christi 21086 21086 Police Training Academy COR 4, RFI 6 Q- N1, + 0 CDs Proposed Change# 4 RFI #6 - Roof Drain Tie-In to Storm Sewer Material/ Description Labor Equipment Subcontractor Allowance Total Site Work 31,096 31,096 Subtotal 31,096 31,096 OH &P 1,555 Total 32,651 Description of Work: Per the RFI#6, See attached Drawing. Subcontractor will excavate and install PVC extentions and clean outs to the storm sewer for 14ea roof drains and tie in for the storm sewer pipe. Once complete the subcontractor will back fill the excavations. The plumbing and civil drawings both showed to connections to the storm sewer. Plumbing drawings stubbed the roof drains 5'outside the slab. 11 SUBMITTED BY: rACCEPTEDY: - - Sign:Print: Frank Malone Jr. Fulton*Coastcon Date:6/5/2023 Project Owner Date: Page 1 of 1 21086 COR 4, RFI 6 Q- N1, + 0CD's 13. - Request for Information 21086 Police Training Academy (Design) RFI # 6 Contractor: Fulton Construction Process Subject: RFI #6 for 21086: Connection Details for Roof Drain Tie in to Storm Sewer System Date Submitted: 2023-03-27 Date Completed: RFI Information Change Order Required: Yes RFI Topic: Connection Details for Roof Drain Tie in to Storm Sewer System Revision Number: 0 Discipline: Drawing Number: Specification Section: Delivery Order Number: Site Number: RFI Impact Potential Cost Impact? Yes Potential Cost Impact $ 0.00 Potential Schedule Impact? Yes Potential Schedule Impact 0 Days There is no connection or detail showing the roof drains tying into RFI Impact Note: the storm water system.This would need to be designed and priced for adding the pipe and connections for these 14 roof drain connections. There are no details in the Plumbing or the Site Civil for the roof drains to be tied into the storm sewer system. Plumbing Question: drawings only show them being stubbed out side of the building and they are not noted or detailed in the Civil drawings. Please provide connections piping and tie in details. Proposed Solution: 21086 COR 4, RFI 6 Q- NI, + 0 CD's EOR Response: Please refer to attached response. ity Response: The City of Corpus Christi agrees with EOR's response. it a cost C proposal for any additional work. city approval date? 21086 (�� * Fulton Construction COR 4, R F 1 6 Project: 1860 CCPD-Training Academy Fulton COaStCOn 1102 2nd St Q- N1, + 0 CD's 6902 Yorktown Boulevard Genera Contractors Corpus Christi,Texas 78404 Corpus Christi,Texas 78414 P: +13619935200 RFI #6: Connection Details for Roof Drain Tie in to Storm Sewer System Status Open To Christine Valenti-Gamucci(Turner, Ramirez From Frank Malone(Fulton Construction) Architects) 1102 2nd St. Corpus Christi,Texas 78405 Date Initiated Mar 27,2023 Due Date Apr 3,2023 Location Project Stage Cost Impact Yes(Unknown) Schedule Impact Yes(Unknown) Spec Section Drawing Number Linked Drawings Received From Frank Malone(Fulton Construction) Copies To Brian Bienek(Turner, Ramirez Architects), Robert Connolly(Turner, Ramirez Architects),Tim Dollar(Fulton Construction), Riley Gourley(Turner, Ramirez Architects), Nathan Swinney(Turner, Ramirez Architects), Christine Valenti-Gamucci(Turner, Ramirez Architects), David Williams(Fulton Construction) Activity Question Question from Frank Malone Fulton Construction on Monday, Mar 27, 2023 at 01:54 PM CDT There are no details in the Plumbing or the Site Civil for the roof drains to be tied into the storm sewer system. Plumbing drawings only show them being stubbed out side of the building and they are not noted or detailed in the Civil drawings. Please provide connections piping and tie in details. Awaiting an Official Response 04/03/2023 Design team is coordinating this item with contractor to provide best routing option for roof drain connection. We will provide official revised drawings once item is fully coordinated. Brian Bienek, Project Manager TurnerlRamirez Architects Fulton Construction Pagel of 1 Printed On: Mar 27,2023 01:55 PM CDT t -:27a PROJECT LOCATION N SCALE: N.T.S. a LYJM LOCATION MAP TEXAS A&M NOT TO SCALE UNIVERSITYCORPUS CHRISTI M�gRo< 2Z F � 358 - OSO BAY CORPUS CHRISTI �� a NAVAL AIR STATION Qv O 619 0o FL UR BLUFF Qo O� 358 � z U v X0.4 w yoR P o PROJECT LOCATION LAGUNA MADRE VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21086 CITY COUNCIL EXHIBIT Police Training Academy CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES 4 N SCALE: N.T.S. o= PROJECT LOCATION ,� ✓ w ar �� ✓ b- e a � , r ¢Q. O u f � � w G AERIAL MAP M , OSCALE - PROJECT NUMBER: 21086 CITY COUNCIL EXHIBIT Police Training Academy CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES w.i