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HomeMy WebLinkAboutAgenda Packet City Council - 02/13/2024 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, February 13,2024 11:30 AM Corpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room(Rm. 210) Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Rob Bailey, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag will be led by Celeste Garza, Senior at Moody High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. SECURITY BRIEFING F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -3) 1. 24-0248 National Association for the Advancement of Colored People (NAACP) Overview and City Staff Recipients of President's Award - Presented by Jeremy Coleman, President of NAACP - Corpus Christi 2. 24-0255 March 5, 2024 Primary Election Overview 3. 24-0219 FY 2024 First Quarter Budget Report City of Corpus Christi Page 1 Printed on 2/15/2024 City Council Meeting Agenda-Final-revised February 13,2024 G. PUBLIC COMMENT H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 4) 4. 24-0225 Committee for Persons with Disabilities (5 vacancies) Ethics Commission (1 vacancy) Parks and Recreation Advisory Committee (1 vacancy) Reinvestment Zone No. 3 (Downtown) Board (4 vacancies) Senior Corps Advisory Committee (3 vacancies) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. J. CONSENT AGENDA: (ITEMS 5 - 21) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 24-0265 Approval of the January 30, 2024 Regular Meeting Minutes. Consent-Second Reading Ordinances 6. 24-0109 Ordinance abandoning, vacating, and closing 0.4132 acres of improved and unimproved public right-of-way identified as Mary Street, also known as Bluett Avenue, between 19th street and 20th street in support of the Lamar Elementary School site project to develop affordable housing for seniors. Sponsors: Public Works/Street Department 7. 24-0122 Ordinance authorizing Real Property Exchange Agreement with the Port of Corpus Christi Authority and the conveyance and exchange of 1208 Peabody Avenue & 1622 Van Loan Avenue for 2011 Palm Drive & 2101 Van Loan Avenue and provide additional payment thereof in the amount of $3,000, located in Council District 1 with funding available from SWIFT Fund. Sponsors: Engineering Services and Corpus Christi Water 8. 24-0036 Zoning Case No. 1223-01, Thanksgiving Homes (District 2). Ordinance City of Corpus Christi Page 2 Printed on 2/15/2024 City Council Meeting Agenda-Final-revised February 13,2024 rezoning a property at or near 3029 Sabinas Street from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-TH" Townhouse District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services Consent- Contracts and Procurement 9. 24-0112 Motion authorizing execution of a two-year service agreement with Dana Safety Supply, of Harlingen, Texas, through the Buyboard Cooperative, for installation of parts and equipment for 36 additional police vehicles in an amount up to $695,829.16, with FY 2024 funding of$128,002.49 from the Crime Control Fund, $430,765.06 from the Fleet Equipment Replacement Fund, and $137,061.61 from the General Fund. Sponsors: Police Department,Asset Management Department and Finance & Procurement 10. 24-0192 Motion authorizing execution of a one-year supply agreement, with a one-year option, with Brenntag Southwest, Inc. of Lancaster, Texas, in an amount not to exceed $2,600,000.00, with a potential amount of $5,200,000.00 if the option is exercised, for the purchase of liquid chlorine delivered by rail car, with FY 2024 funding of$1,700,000.00 from the Water Fund. sponsors: Corpus Christi Water and Finance &Procurement 11. 23-2035 Resolution authorizing execution of a new master agreement and Amendment No. 1 with Environmental Systems Research Institute, Inc. (ESRI), of Redlands, California, for software licensing and support of the City's geographic information system (GIS) for a three-year, auto-renewable term in the amount of$750,000.00, with FY 2024 funding of$250,000.00 from the Information Technology Fund. sponsors: Information Technology Services and Contracts and Procurement 12. 23-2041 Motion authorizing execution of Amendment#2 to the co-op agreement with Great South Texas Corp, dba Computer Solutions, to upgrade a Cisco network analytic software application for$52,358.40, with a revised total amount of$1,876,637.34, with FY 2024 funding of$26,179.20 from the Information Technology Fund. sponsors: Information Technology Services and Finance &Procurement Consent- Capital Projects 13. 24-0004 Motion authorizing a professional services contract with Plummer Associates, Inc., Corpus Christi, to provide design, bid, and construction phase services for Waldron Lift Station Force Main Replacement in an amount not to exceed $428,585.00, located in Council District 4, with FY 2024 funding available from Wastewater Capital Fund. City of Corpus Christi Page 3 Printed on 2/15/2024 City Council Meeting Agenda-Final-revised February 13,2024 Sponsors: Engineering Services, Corpus Christi Water and Contracts and Procurement 14. 24-0202 Motion authorizing a professional services contract with Turner Ramirez Architects, Corpus Christi, Texas, in an amount not to exceed $269,742.00 for the design of a new Allison WWTP Operation & Control Center located in Council District 1 with FY 2024 funding available from Revenue Bonds. Sponsors: Engineering Services, Water Utilities Department and Contracts and Procurement 15. 24-0203 Motion authorizing a professional services contract with Turner Ramirez Architects, Corpus Christi, Texas, for the design of a new Whitecap Wastewater Treatment Plant (WWTP) Operation & Control Center located in Council District 4, in an amount not to exceed $290,752.00, with FY 2024 funding available from Revenue Bonds. Sponsors: Engineering Services, Water Utilities Department and Contracts and Procurement 16. 24-0216 Motion awarding a construction contract to Mako Contracting LLC, Corpus Christi, Texas, in an amount not to exceed $1,000,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $2,000,000.00 for the Concrete Street Improvements IDIQ program at various locations, as planned in the Infrastructure Management Plan, located city-wide, with FY 2024 funding of $815,490.00 available through Street Fund, Storm Water, Wastewater, and Water Capital Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 17. 24-0101 Motion awarding a construction contract to NorthStar Elite Construction & Consulting, LLC., Spring Branch, TX, for the Neyland Library Improvements project in an amount of$560,504.00 located in Council District 2 with FY 2024 funding available from the Certificates of Obligation funds. Sponsors: Engineering Services, Libraries and Contracts and Procurement General Consent Items 18. 24-0241 Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 81-unit affordable housing project known as Palms at Morris at 2212 Morris Street to be developed by TG 110 Palms at Morris, LP. Sponsors: Planning and Community Development Department 19. 24-0242 Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 81-unit affordable housing project known as Palms at Williams at 7031 Williams Drive to be developed by TG 110 Palms at Williams, LP. Sponsors: Planning and Community Development Department City of Corpus Christi Page 4 Printed on 2/15/2024 City Council Meeting Agenda-Final-revised February 13,2024 20. 23-1189 Resolution authorizing park improvement agreement for London Towne Subdivision with Braselton Development Company, Ltd for public park improvements in lieu of the park development fees. sponsors: Parks and Recreation Department Consent-First Reading Ordinances 21. 24-0129 Ordinance authorizing the City Manager to execute a five-year lease agreement with Driscoll Children's Hospital for hangar, office, storage, and parking space at Corpus Christi International Airport, with four one-year options to renew, in consideration of monthly lease payments of$4,164.48 in the first year and annual rate increases. sponsors: Aviation Department K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (ITEMS 22 - 23) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 22. 24-0150 Ordinance annexing approximately 82.40 acres of land into the territorial limits of the City of Corpus Christi located at the northwest corner of FM 43/Weber Road and London Pirate Road (formerly County Road 33) per owner petition. sponsors: Planning and Community Development Department 23. 24-0300 Public hearing and ordinance approving a Service and Assessment Plan (SAP), approving a developer reimbursement agreement, and levying the assessments for improvements within Improvement Area #1 of the Whitecap Public Improvement District No. 1. sponsors: Economic Development M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 24 - 25) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 24. 23-1919 Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for properly restoring street surfaces that have been cut for utilities or other tie-ins and providing for penalty; providing for publication. sponsors: Public Works/Street Department 25. 24-0209 Ordinance amending the Capital Improvement Program to add the Whitecap and Gypsy Bridges Scour Protection Project; appropriating City of Corpus Christi Page 5 Printed on 2/15/2024 City Council Meeting Agenda-Final-revised February 13,2024 $1,500,000.00 from the unreserved fund balance in the TIRZ #2 Fund; and amending the FY 2024 Operating and Capital Budgets. sponsors: City Manager's Office and Engineering Services N. BRIEFINGS:(ITEM 26) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 26. 24-0218 Proposed Bond 2024 Program Briefing Sponsors: Engineering Services O. EXECUTIVE SESSION: (ITEMS 27 -28) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 27. 24-0278 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Corpus Christi Unified Development Code Article 3 (Development Review Procedures) and potential waiver thereof, Sections 8.5.1 through 8.5.2.H. (Trust Funds), master plans related to water and sewer infrastructure and other potential improvements to real property, impact fees and Chapter 395 of the Texas Local Government Code, vested rights, Texas and federal law related to exactions and takings, the potential repeal of Ordinance 033246 approved on December 12, 2023 titled "One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $1,486,159.43 with LM & JM Investments, LLC to construct a 12-inch water arterial transmission grid main line for the proposed development located off CR 22 and CR 49, also known as London Ranch Estates Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,486,159.43 to reimburse the developer in accordance with the agreement.", and the potential waiver of UDC Sections 8.5.1.C. and 8.5.2.E. and other UDC and applicable Code provisions, conditioned on City of Corpus Christi Page 6 Printed on 2/15/2024 City Council Meeting Agenda-Final-revised February 13,2024 alternate consideration requirements to be specified in the waiver ordinance. 28. 24-0166 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, industrial district agreements, and Chapters 42, 43 and 212 of the Texas Local Government Code and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations P. ADJOURNMENT City of Corpus Christi Paye 7 Printed on 2/15/2024 r DECK ,NOW1 140uSING FPIGHTS NOW/ ill r sik } r HISTORY OF THE NAACP 191 AN NAACO' OUR FOUNDERS In 1908,a deadly race riot rocked the city of Springfield,eruptions of anti-black violence—particularly lynching—were horrifically commonplace, but the Sprlrgfield riot was the final tipping point that led to the creation of the NAACP.Appalled at this rampant violence,a group of white liberals that included Mary White Ovington and Oswald Garrison Villard(both the descendants of famous abolitionists,Wllliam English Walling, and Dr.Henry Moscowitz issued a call for a meeting to discuss racial justice.Some 60 people,seven of whom were African American(including W.E.B.Du Bois, Ida B.Wells- Barnett,and Mary Church Terrell),signed the call,which was released on the centennial of Lincoln's birth. On February 12, 190%the nation's largest and most widely recognized civil rights organizatlon was born.Echoing the focus of Du Bois' Niagara Movement for civil rights,which began in 1905,NAACP aimed to secure for all people the rights guaranteed in the 13th, 14th,and 15th Amendments to the United States Constitution,which promised an end to slavery, provide equal protection of the law,and the right for all men to vote, respectively.Accordingly,the NAACP's mission is to ensure the political,and educational,equallty of minarlty group citizens of Stales and eliminate racial prejudice.The NAACP works to remove all barriers of racial discrimination through democratic processes.The national office was established in New York City in 1910 as well as a board of directors and president, Moorfield Storey,a white constitutional lawyer and former president of the American Bar Association. Other early members included Joel and Arthur Spingarn,Josephine Ruffin, Mary Talbert, Inez Milholland,Jane Addams, Florence Kelley,Sophonisba Breckinridge,John Haynes Holmes,Mary McLeod Bethune,George Henry White,Charles Edward Russell,John Dewey,William Dean Howells, Lillian Wald,Charles Darrow, Lincoln Steffens, Ray Stannard Baker, Fanny Garrison Villard, and Walter Sachs.Despite a foundational commitment to multiracial membership, Du Bois was the only African American among the organlzation's original executives.He was made director of publications and research and in 1910 established The Crisis,the acclaimed publlcation of the NAACP. THE HISTORY OF THE H. BOYD HALL CHAPTER OF THE NAACP The H.Boyd Hall chapter of the NAACP was the 68th chapter created in 1919.At that time thought i1 was just known as the Corpus Christi branch of the NAACP.It was created due to the injustices Corpus Christi African Americans faced every day.Although the population was very small,they were no less discriminated against than other African Americans across America.The mission was to help rid the people of racial discrimination and help promote the unity of the African American community.The Chapter name was created after one of the first presidents of the NAACP Corpus branch.Dr.H.Boyd Hall. During the civil rights era.the H.Boyd Hall chapter was very active in promoting equality and being aggressive in Its manner.Their members often had protests and organized speeches to encourage unity and discontent with how things were.After the civil rights era though,they became primarily figureheads in the community.They still promoted community unity and equality but did not pursue any cases or point out any injustice.This was due to the Nation NAACP changing its policy so that city chapters would have to be approved before pursuing lawsuits.This was so that the NAACP would not have as many lost cases.Today the NAACP's activity mostly stems from fundraising.They have their annual Martin Luther King Jr.Awards,or Black Awards,banquet each year in order to show that they are still there.It is also a time in which they bring together the community and raise money to maintain the local organization, The NAACP headquarters in Corpus is located in Heritage Park at the Little Martin House.This house is especially representative of the NAACP because it was owned by an African American family during the early 20th Century.The house itself shows how the family was able to prosper even in the times when their race made them lesser.It just took hard work and determination and that is what the NAACP tries to impose upon people.That no matter what injustices you face,if you work hard,you can overcome it all.The leadership of the NAACP has always been critical to the success of African Americans in Corpus Christi.In recent years former presidents such as Vanilla Guy,Jimmy Wagner,Willie Hardeman,Helen Gurrlie, Joel Mumphord,and Coretta Graham worked to ensure programs and equality issues were addressed within the city.In 2021 the branch elected a young new leader Jeremy L.Coleman to take the helm;In the past year,the local NAACP has refocused back on the Mission of the NAACP,scholarships for Black students,Intake on discrimination complaints,establishing the H.Boyd Hall Youth Chapter. In 2023 the focus will be on chartering the Texas A&M University Corpus Christi College Chapter,Criminal Justice Reform,Literacy Programs,and Mental Health. From police brutality to COVID-19 to voter suppression,Black communities are under attack.We work to disrupt inequality,dismantle racism,and accelerate change in key areas including criminal justice,health care,education,climate,and the economy.When it comes to civil rights and social justice,we have the unique ability to secure more wins than anyone else.Help make racial equity a reality. JEREMY L . COLEMAN , NAACP PRESIDENT Jeremy is a graduate of Richard King High School and is completing his BA degree at Southern New Hampshire University. He holds a certificate in Quickbooks Management from Del Mar College, completed a Christian Biblical Discipleship for Leadership program; and currently pursuing a Certificate in Diversity and Cultural Leadership from Cornell University. Human Resources and HR Management are vital to the success of an organization and company Coleman believes. His career for the past 13 years has been in human resource management and community service. In his current role in keeping with the charge of our civil rights founders, he stands against all forms of injustice; and fights for justice until all, without regard to race, gender, creed or religion enjoy equal status. Jeremy is very active in his local church and is passionate about community service. His roles as a current and past board member Jeremy Coleman serves as President and chairman within Coastal Bend include the following: of the Corpus Christi region of the NAACP. In his capacity, he works closely to oversee the political, Regional Transportation Authority, Board of Director educational, social, and economic equality of rights Women's and Men's Health Clinic, Board of Director of all persons and to eliminate racial hatred and • Art Museum of South Texas, Board of Director racial discrimination within his community in Brooks Chapel Development Center, Past Chairman addition to providing extensive programs, and overseeing operations and budget.With over 13 Jeremy spends the majority of his time reading and studying historic years of senior management and professional civil rights cases and ways to improve his local community.Coleman development in leadership, Coleman has played an comes from a family of civil rights community leaders, Earl J.Coleman integral role in the development of minority leaders (father) and Raymond Coleman (uncle). in various roles. It's a fact that Coleman believes and stands on ''The Most Important Requirement"as a leader is that they (leaders) are faithful.. trustworthy, reliable, dependable, true, and unfailing. THE EXECUTIVE TEAM : Jeremy L.Coleman Curtis Clark Thea Cain President{Legal Redress Chair Vice President First Vice President/Nouth Works Chair Conner Rice DeAnna King Eloisa Rodriguez Assistant Secretary Second Vice President'Political Action Chair Secretary Dr Angela Portis-Woodson Goldie Upshaw-Wooten Ashton Habluetzel Freedom Fund Director Treasurer Assistant Treasurer Chelsie Trevino Sylvia Tryon K.D.Logan Health Committee Chair Historical Committee Veterans Affairs Chair Chair/Juneteenth Chair Margret Evans Edu,-a-lon Chair MEMBERS - AT - LARGE Omar Davis K.D.Logan Pamela Simms Rev.Bennal Jackson Deborah Varnar Priscilla Cambric Alice Upshaw-Hawkins Nueces County O �t1E COU�� f' 2024 Democratic • Republican Joint Primary Election Election Day th Tuesday, March 5 Early Voting • • 7:00 7:00 1 Gess co�� Condado de Nueces Dia de la 1 / � � 1 February1 8:00 5:00 • 1 • ' ' • • February • 11 • 11 • (25 • ' ' • • Februaryth 11 11 • (26 de febrero -26 de marzo) *All locations are open the above dates and times unless otherwise noted Todas las locaciones abren las fechas yhoras anteriores a menos que se indique to contario CARROLL HS—OLD CAMPUS GREENWOOD SENIOR CENTER Main Early Voting Location (Front Lobby Entrance) 4040 Greenwood Dr. Lugar Principal de Votacion 5301 Weber Rd. Corpus Christi, TX 78416 Temprana Corpus Christi, TX 78411 (Closed February 25)(Cerado 25 febrero) N U E C E S COUNTY (Closed February 25)(Cerado 25 febrero) HILLTOP COMMUNITY CENTER COURTHOUSE DEAF & HARD OF HEARING CENTER 11425 Leopard St. 901 Leopard St.Corpus Christi,Texas 78401 5151 McArdle Rd. Corpus Christi, Texas 78410 Corpus Christi, TX 78411 (Closed February 25)(Cerado 25 febrero) (Closed February 25)(Cerado 25 febrero) ADKINS MIDDLE SCHOOL ISLAND PRESBYTERIAN CHURCH (Room A123) DEL MAR COLLEGE (Annex Building) 2402 Ennis Joslin Rd. (Heldenfels Admin. Building) 14030 Fortuna Bay Dr. Corpus Christi, TX 78414 101 Baldwin Blvd. Corpus Christi, TX 78418 (Closed February 25)(Cerado 25 febrero) Corpus Christi, TX 78404 (Closed February 25)(Cerado 25 febrero) (Closed February 25)(Cerado 25 febrero) BISHOP MULTIPURPOSE BUILDING 115 S. Ash Ave. ELLIS MEMORIAL LIBRARY JOHNNY CALDERON BUILDING Bishop, TX 78383 700 W Ave A 710 E. Main St. (Closed February 25)(Cerado 25 febrero) Port Aransas, TX 78373 Robstown, Texas 78380 ( (Closed February 25)(Cerado 25 febrero) Closed February 25)(Cerado 25 febrero) CALALLEN ISD ADMIN. BUILDING TAMUCC 4205 Wildcat Dr. ETHEL EYERLY SENIOR CENTER (Carlos Truan Natural Resource Center 1003) Corpus Christi, TX 78410 654 Graham Rd. 6300 Ocean Dr. (Closed February 25)(Cerado 25 febrero) Corpus Christi, TX 78418 Corpus Christi, TX 78412 (Closed February 25)(Cerado 25 febrero) (Closed February 25)(Cerado 25 febrero) CARROLL HS—NEW CAMPUS GRANT MIDDLE SCHOOL (Arena Lobby/Hallway) VETERANS MEMORIAL HS 3202 Saratoga Blvd. (New Gymnasium) (Auditorium) 4350 Aaron Dr. 3750 Cimarron Blvd. Corpus Christi, TX 78415 Corpus Christi, TX 78413 (Closed February 25)(Cerado 25 febrero) (Closed February 25)(Cerado 25 febrero) Corpus Christi, TX 78414 (Closed February 25)(Cerado 25 febrero) cUBBs1DE ® Curbside noting will be mailable at all locations. Votacion en la acera estara disponible en todas las locaciones. VOTING Call 361-888-0303 flame 361-888-0303 SandsKara For \ 1 11 r 1 1 1 (formerly http://www.nuecesco.com/county- •1 -••. • Street f 61)(3888-0865 Democratic&R-r it U 4L 7 -4 m CO) y852 FY 202 4 1st Quarter Budget & Financial Report February 13, 2024 Presentation Overview o suErEARaoaanx FY 2024 First Quarter financial ADOPTED O ERATETG report for the period October 1, 2023 through December 31, 2023 CITY MANAGER {, ♦ PETER xAN ONI All figures presented today are unaudited Financial Policies and City Charter ,; require the City Manager to provide ma � r Quarterly updates on City financial $ progress 2 General Fund Revenues 1st 1st Annual ($ in Millions) Bud et Quarter Quarter Variance Budget Actuals Property Tax 105.6 49.2 49.2 0.0 1) November and December Solid Waste 46.0 • exceeded budgeted amounts Franchise Fees • Other Taxes • and all three months were above prior year actuals Public - • 3.7 3.7 • • Interest _ 2) Favorable variance includes Intergovernmental• ' • • billed amounts for IDAs prior to changes resulting from Municipal • . • • protested values. Potential Recreati• - - • • . • refunds of$4.3M. Other Revenues 14.2 3.7 4.1 • 4 or= 3 General Fund Expenses est est Annual ($ in Millions) Budget Quarter Quarter Variance g Budget Actuals ➢ Annual Budget includes $14.31VI in commitments from FY 2023 ➢ The $13.31VI positive variance equates to 15.25% of the 1St Quarter Budget U 4 FY 2024 Budget Initiatives (All Funds) ➢ 91 Budget initiatives totaling $32.3M ➢ 81 of the 91 initiatives are on schedule ➢ Remaining 10 initiatives are behind schedule Budget initiatives include: • 10 Animal Care positions • 9 additional sworn Police Officer positions • 9 additional sworn Firefighter positions • Replacement of 3 Medic Units • New HR Management System for recruitment, benefits Et learning • Phase 1 Athletic Field Maintenance - Bill Witt, Salinas Et Greenwood • New Police Academy furniture • Street Pavement Condition Index Assessment Q • Storm Water minor channel maintenance - crew Et equipment (] • No-cost swim lessons for Nueces Co residents - Health/Park Et Rec 5 HOT Tax Revenue Annual . . - - . $21 . 5 II 11st . . - Budget,", $ 4 .oM� I � Ili ' M==" $ 3 . 8 M Variance ($0 . 2M) T E � � � ➢ Visit Corpus Christi continues close monitoring of industry Water Fund Revenues $157 .7M $37.1M $36.1M ($1 : M) Annual 1St QuartM.. ls'Quarter 1stQuarter Budget Budget,,a Actuals . - �- Expenses $166.7M $37 .2M $26.1M $11 .1M Annual 1St Qua rt • - • - Budget* Budget Actuals Variance *Includes $6.1 M in commitments from FY 2023 Wastewater Annual 1st QuartIrl1StQuarter 1StQuarter Budget Budge Actuals Variance Expenses ► • • ► 2 2.3 M ► M ► Annual • - 1StQuarte 1StQuarter Budget* • • - Actuals Variance Cc�r��us Christi V,r�te *Includes $3.OM • • 2023 Capital Improvement Program ➢ Bond 2022 (32 Projects) ➢ Two (2) projects are under construction ➢ Twenty-nine (29) projects are under design and one (1) project is in pre-design �TM II ➢ Bond 2020 (42 Projects) ➢ Thirty-seven (37) projects are completed or under construction • ➢ Three (3) projects will be under construction by June 2024 r� ➢ Remaining two 2 projects are "design only" and are currently under design 1St Quarter Summary • General Fund revenues are consistent with projections • HOT revenues are consistent with projections • Water and Wastewater revenues are consistent with projections • Record setting delivery continues with CIP Projects o U io NEXT STEPS April 2024: )�F'Annual Comprehensive Financial Report (ACFR) finalized for FY 2023 � FY 2025 City Council Goal Setting Session May 2024: ➢ 2ndQuarter Budget & Financial Report for FY 2024 COMMITTEE FOR PERSONS WITH DISABILITIES Five(5)vacancies with terms ending 2-1-2025 and 2-1-2026.(The Committee for Persons with Disabilities recommends the reappointments of Susan Tower and Imelda Trevino and the new appointments of Sonya Durrwachter,Michelle Jones and Aliza Long. Duties The Committee for Persons with Disabilities provides a program to encourage,assist and enable persons with disabilities to participate in the social and economic life of the City;to achieve maximum personal independence;to become gainfully employed;and to enjoy fully and use all public and private facilities available within the community. Composition Nine(9)residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities,subject to Council approval. The Human Relations Administrator,Director of Parks and Recreation,and Building Official shall serve as ex-officio non-voting members. The Chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. Creation/Authority Meets Member Size Term length/limit Liaison Chapter 2,Article IV,Division 23, 1st Wednesday of the month at 3:OOp.m., 9 2 years/6 years Nora Vargas Code of Ordinances;Ord.No.024364 City Hall City Council Chambers (2/13/01) Appointing Name District Term Start date End date Authority Position Status Attendance Seeking Susan Depoliti Tower District 2 Partial 5/9/2023 2/1/2024 City Council reappointment 4/5 meetings-80% Seeking 8/11 Meetings-73% Imelda M.Trevino District 5 1 2/8/2022 2/1/2024 City Council reappointment (2 excused absences) Met six-year Melanie R.Gomez District 2 3 7/17/2018 2/1/2024 lCity Council Vice-Chair service limitation Not seeking Angela Brengman District 2 Partial 7/19/2022 2/1/2024 City Council reappointment Kelsey M.Dahlbeck District 2 1 2/28/2023 2/1/2025 City Council Resigned Olivia Allan District 4 1 2/8/2022 2/1/2025 City Council Active Sandra L.Flores District 2 1 2/28/2023 2/1/2025 City Council Active Jennifer Scott District 2 2 3/30/2021 2/1/2025 ICity Council Chair JActive Ashley P Voggt District 4 1 2/28/2023 2/1/2025 ICity Council JActive 2-13-2024 Appointing Name District Term Start date End date Authority Position Status Attendance Parks and Recreation Ex-Officio,Non Director N/A N/A N/A voting Active Human Relations Ex-Officio,Non Administrator N/A N/A N/A voting Active Ex-Officio,Non Building Official I I N/A N/A N/A I Ivoting jActive 2-13-2024 COMMITTEE FOR PERSONS WITH DISABILITIES Appliants Committee Name District Status Recommendations Kristina A.Arellano District 3 Applied Sonya M. Durrwachter District 1 Applied Recommend Michelle Jones District 4 Applied Recommend Aliza Long District 4 Applied Recommend Jennifer M. Marroquin District 2 Applied Bernice Rubio District 2 Applied Susan Depoliti Tower District 2 Seeking reappointment Recommend Imelda M. Trevino District 5 Seeking reappointment Recommend CITY OF CORPUS CHRISTI Submit Date:Apr 25, 2023 Application for a City Board, Commission, Committee or Corporation Profile Kristina _ A Arellano First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78415 City State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 29 Primary Phone Alternate Phone Freelance ASL-English SelfInterpreter Employer Job Title Work Address-Street Address and Suite Number 2918 Besterio Dr. Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78415 KristinaAArellano i Work Phone 3615109353 Work E-mail address karellanotx@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? if so, please list: No. Education, Professional and/or Community Activity(Present) MA-Interpretation Studies and Communication Equity(2019)-St. Catherine University, St. Paul, MN BA- Sociology(2004)-TAMUCC AA-Sociology(2002) - Del Mar College AAS- Interpreter for the Deaf(2001) - Del Mar College ASL-English Certified Interpreter(Texas BEI: Master&National Registry of Interpreters for the Deaf: NIC). Initially earned interpreter certification in 2001. Board of Trustee for Corpus Christi Area Council for the Deaf(Deaf and Hard of Hearing Center, 5151 McArdle Rd.) Since 2002, instructor in the HS setting until 2012,then began with Del Mar College as adjunct in 2016. Full time faculty with DMC from 2019 until May 19, 2023. 1 will be transitioning back to interpreting work full time after this semester. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Accessibility for all citizens is a human right and I hope to be part of the changes our City can make to provide that accessibility to all individuals. I believe our City can become a model for other cities to follow with regards to accessibility for citizens. Upload a Resume Kristina AArellano E Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Kristina AArellano Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree KristinaAArellano i City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KristinaAArellano i Kristina Flores Arellano •: I +:• (361) 510-9353 +;+ Professional Interpreting Experience Texas BEI-Certified: Master Registry of Interpreters for the Deaf: NIC • Deaf and Hard of Hearing Center: Community/Educational Interpreter,Jan. 2012 to Feb. 2016, Full-time; Community Interpreter, Fall 2018 to Present, Part-time o Served as a mentor to students both during their internships and beyond to encourage and assist in becoming certified. o Lead Interpreter for DHHC's group of interpreters working in Laredo ISD schools, Sept. to May 2015. ■ Helped Deaf Education teachers with scheduling and ensured all interpreters submitted time sheets and invoices in a timely manner. Covered (as much as possible) for interpreters who had schedule conflicts arise. Kept the team informed of school district events and assisted in training interpreters for the STAAR(state-mandated testing). • Sorenson Communications: VRS,VRI, and Community Interpreter, Dec. 2012 to Present, Part-time o Attended several workshops offered by Sorenson to continue improving skills and overall mental and physical well-being. o Enrolled in Sorenson's Language Mentorship Program (LMP) and was paired with Mr. Anthony Natale for a 6-week period to assistance with use of space while interpreting. • Aspen Camp for the Deaf&Hard of Hearing: Summer 2011 -6 weeks, Full-time volunteer o One of two certified, full-time interpreters who lived on site to work with deaf, hard of hearing,and hearing staff and campers. o Helped organize schedule for interpreters to make sure all activities were covered. o Interpreted activities and events both at Aspen Camp and on trips to surrounding towns. • Bay Area Communications Interpreting Agency: 2001-2002, Part-time o Educational interpreting at the community college level. o Submitted invoices in a timely manner. • Del Mar College Interpreter Training Program Internship: Spring 2001, Part-time o Educational interpreting with Texas BEI certified interpreters as mentors.This 96-hour internship included a week-long assignment at the Texas School for the Deaf for students who were mainstreamed to an Austin area high school. General Interpreting Qualifications & Continuing Education Communicates effectively in American Sign Language, English, and signed English, both written and verbally. Knowledgeable about Deaf culture,the NAD-RID interpreter's Code of Professional Conduct and adheres to those ethical standards. Able to work well and relate to a myriad of individuals: professionals, students, staff, parents, and guardians. Able to work well under pressure, independently, and consistently maintain confidentiality. Also keeps personal appearance professional.Able to maintain required CEUs including Project CLIMB (Cultivating Legal Interpreters from Minority Backgrounds) and "Foundations"training with Betty Colonomos. i f Kristina A.Arellano- 2 i i Related Experience-Teaching Experience Certified Texas Educator:Secondary(6-12)American Sign Language Effective Date:08/10/2005 valid through 10/31/2023 • Del Mar College: Instructor,Fall 2019 to Present,Full-time;Adjunct Instructor, Fall 2016 to Spring 2019, Part-time o Taught lecture and skills classes in person and online for students pursuing Certificates of Deaf Studies,Associate in Arts Degrees,and Associate in Applied Science Degrees in Interpreting for the Deaf o Classes Taught: ■ Introduction to the Visual/Gestural Interpreting Profession Communications ■ Intralingual Skills Introduction to the Deaf Development for Interpreters Community ■ Interpreting I Interpreting Internship ■ Interpreting I1 ■ Interpreting III • American Sign Language Teacher at Flour Bluff High School from August 2002 to May 2012 o Taught ASL 1, 2,and 3 and co-sponsored an ASL Club in which students were highly involved in the Corpus Christi Deaf Community Teaching Qualifications Created new and followed inherited course materials and teaching methods that received an excellent response from students. Successfully taught diverse groups of students and was able to modify according to IEP and 504 accommodations. Skilled in evaluating needs and developing student-focused teaching strategies,materials(using many forms of technology),and lesson plans.Proficient in motivating,involving, and leading students to achieve classroom goals. Provided a well-balanced educational experience, which included a real-world perspective to learning and exposure to topics such as multiculturalism in Deaf and hearing communities, diversity, power, privilege, oppression, as well as opportunities for extracurricular activities in the local Deaf Community.Worked effectively to resolve personality conflicts amongst students and maintained high levels of respect and student discipline.Able to maintain required CEUs. Education • May 2019-Received M.A. Interpretation Studies and Communication Equity from St. Catherine University,St. Paul, MN • August 2004- Received B.A. Sociology from Texas A&M University, Corpus Christi o 3.897 GPA- Magna Cum Laude-4 semesters on Dean's List- Member of Alpha Kappa Delta: Sociology Honor Society • May 2002 - Received A.A. Sociology from Del Mar College, Corpus Christi, TX o 3.85 GPA-6 semesters on Dean's List-Member of Phi Theta Kappa Academic Honor Society • May 2001 -Received A.A.S. Interpreter for the Deaf from Del Mar College, Corpus Christi,TX Other Certi icationslA, illations • Registry of Interpreters for the Deaf: Certified Member • National Association of the Deaf: Regular Member • Texas Society of Interpreters for the Deaf: Certified Member • Texas Association of the Deaf. Regular Member • Deaf and Hard of Hearing Center: Board of Trustees Member CITY OF CORPUS CHRISTI Submit Date:Apr 10, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr. Sonya M Durrwachter Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? P District 1 Current resident of the city? r Yes r No If yes, how many years? 27, 21 of those consecutive Primary Phone Alternate Phone _Calallen ISDDirector of Special Education _ Employer Job Title Work Address-Street Address and Suite Number 4205 Wildcat Dr. Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78410 Dr. Sonya M Durrwachter Y i Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity(Present) I am currently the Special Education Director at Calallen ISD and a Lecturer/Adjunct in the College of Education and Human Performance, Department of Teacher&Bilingual Education at Texas A&M University-Kingsville. I am also a board member for Family Counseling Service. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I desire to give back to the community in which I live while assisting and empowering individuals with disabilities to participate fully as citizens of Corpus Christi. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Dr. Sonya M Durrwachter Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A - - - --- _ --------- - - -- ----- — -- ----- --------_------ N/A _--N/A i Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. I didn't see a spot to indicate this but my husband is employed as a Fire Captain with CCFD. Board-specific questions (if applicable) Dr. Sonya M Durrwachter I i Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances,Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Dr. Sonya M Durrwachter Consent for Release of Information E I I understand that if any member of the public makes a request for information included in z this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dr. Sonya M Durrwachter SONYA M. DURRWACHTER 14513 Spaulding Dr.*Corpus Christi,TX 78410*(361)726-2149 SUMMARY STATEMENT I am an educational leader with twenty-one years of experience in the field of special education. I am a versatile professional with experience in the general and special education classroom, as a campus assessment staff leader, and as a district leader. I have experience overseeing and managing staff on multiple campuses while ensuring adherence to federal and state requirements. I have experience planning and executing staff development in the areas of special education, leadership, and McKinney-Vento. EDUCATION Texas A&M University- Kingsville Kingsville, Texas Ed.D. in Educational Leadership December 2017 Dissertation: Educational Diagnostician Shortage: Perceptions of Educational Diagnosticians and Special Education Directors on Recruitment and Retention Stephen F.Austin Nacogdoches,Texas Principal Certification 2011-2012 Texas A&M University- Corpus Christi Corpus Christi, Texas MS in Special Education— December 2007 Diagnostician Certification Education Service Center—2 Corpus Christi, Texas Teacher Certification Program 2002-2003 Texas A&M University- Corpus Christi Corpus Christi, Texas AACSB Accredited May 2000 BBA in Accounting with a minor in Economics PROFESSIONAL EXPERIENCE Calallen ISD Corpus Christi, Texas Director of Special Education August 2013—Present McKinney Vento&Foster Care Liaison January 2016—Present o Direct and manage special education program to meet students' needs while ensuring compliance with local, state, and federal requirements. o Plan, allocate, and maintain the necessary resources for the special education program. o Responsible for annual federal and state/local budget for special education. o Obtain additional grant funding through the Evaluation Capacity Grant. ' o Manage the special education referral process. o Supervise and monitor the admission, review, and dismissal (ARD) process. o Serve as a resource for staff, teachers, parents, and students for the special education program including providing professional development to the campuses. o Evaluate assessment staff members. o Evaluate campus administrator(using T-PESS). o Participate in the recruitment and retention of special education staff. o Ensure compliance with state and federal requirements for students who are homeless, unaccompanied minors, and in foster care. o Review and revise Special Education Operating Procedures. o Streamline paperwork and procedures to ensure compliance with state and federal requirements and facilitate smoother transitions between general education and special education and between campuses. o Review and revise paperwork and procedures for McKinney-Vento to ensure compliance with state and federal requirements. o Present on Special Education and McKinney-Vento topics districtwide to all staff. o Ensure that students are appropriately identified for McKinney-Vento eligibility. Special Education Coordinator August 2010—August 2013 o Monitor compliance with local, state, and federal requirements. o Review and request necessary resources for the special education program. o Manage the special education referral process. o Monitor the admission, review, and dismissal (ARD) process. o Serve as a resource for staff, teachers, parents, and students for the special education program including providing professional development to the campuses. Educational Diagnostician August 2008—July 2010 • Calallen Middle School Educational Diagnostician (August 2008—June 2010) • Calallen East Primary School Educational Diagnostician (August 2009—June 2010) o Conduct initial evaluations and reevaluations within state timelines and determine student eligibility according to federal and state regulations. o Conduct classroom observations and interviews. o Coordinate admission, review, and dismissal (ARD) committee meetings and ensure they are run in compliance with local, state, and federal requirements. o Serve as a resource for staff, teachers, parents, and students for the special education program including providing professional development to the campuses. Texas A&M University— Kingsville Kingsville, Texas Lecturer/Adjunct August 2022-Present o Instruct students in various courses in the College of Education and Human Performance, Department of Teacher& Bilingual Education o Fall 2022 p EDSE 5366—Individual Psychological and Educational Testing o Spring 2023 EDSE 5361—Educational and Psychological Measurement and Evaluation p EDSE 5367—Assessment of Individuals with Severe Disabilities o Evaluate and grade student coursework, assignments, and papers in accordance with school policy; provide effective feedback to students. Tuloso— Midway ISD Corpus Christi, Texas Teacher July 2002—May 2008 • High School Math Resource Teacher(July 2004—May 2008) • Speech & Debate Coach &Teacher(July 2005—May 2008) • Assistant High School Girls Soccer Coach (November 2006—March 2008) • Middle School Life Skills Teacher(July 2002—May 2004) • Attendance Committee Member (2005—2008) • Site Based Committee Member (2005—2008) • Senior Class Sponsor(2006—2007) o Plan, prepare, and deliver lesson plans to facilitate active learning. o Instruct and monitor students. o Use technology to support learning and differentiated instruction. o Manage student behavior by establishing and enforcing rules and procedures in accordance with the rules and disciplinary policies of the school. Sonya M. Durrwachter o Provide appropriate feedback to students. o Maintain accurate and complete records of students' progress for both the report card and the progress/objective monitoring. o Update all records accurately and completely as required. o Participate in department, school, district, special education, and parent meetings. o Provide a variety of learning materials for use in educational activities. o Serve as a case manager for special education students including monitoring students'grades in all classes, serving as a resource for other teachers, contacting parents, and participating in ARD meetings. Kelly Services Corpus Christi, Texas Substitute Teacher— Tuloso Midway ISD April 2002—May 2002 • Substitute Teacher for all campuses Belukus Marketing, Inc Bryan,Texas Accountant June 2000—March 2002 • Developed accounting system for three sister companies • Accounts Payable/Receivable • Payroll • Account and bank reconciliation • Manage multiple bank accounts • Process foreign funds payments • Develop cost formulas to assist in pricing of merchandise HONORS ORGANIZATIONS • Golden Key International Honour Society(lifetime) • The Honor Society of Phi Kappa Phi (lifetime) CERTIFICATIONS • Classroom Teacher Q Mathematics (Grades 4-8) Q Generic Special Education (Grades PK-12) Q English as a Second Language Supplemental (Grades PK-12) Q All Level Health (Grades EC-12) Q All-Level Physical Education (Grades PK-12) Q Secondary Speech Communications (Grades 6-12) Q Secondary Business Administration (Grades 6-12) • Educational Diagnostician (Grades EC-12) • Principal (Grades EC-12) • Crisis Prevention Institute Instructor • Texas Principal Evaluation &Support System (T-PESS) PROFESSIONAL MEMBERSHIPS • Council for Exceptional Children • Texas Council of Administrators of Special Education • Texas Educational Diagnosticians'Association VOLUNTEER EXPERIENCE Grace United Methodist Church Corpus Christi, TX • Safety Policy Administrator 2020-Present • Sunday School Teacher 2012-2013&2015-2021 • Governing Council 2015-2019 Sonya M. Durrwachter Family Counseling Services Corpus Christi, TX • Board of Directors 2020-Present TRAININGS PRESENTED • Numerous presentations vonducted at Calallen ISD on special education and McKinney Vento topics; List available upon request TRAIN INGSICONTINUING EDUCATION List available upon request REFERENCES Available upon request i i Sonya M. Durrwachter CITY OF CORPUS CHRISTI Submit Date: Nov 27,2023 Application for a City Board, Commission, Committee or Corporation Profile Michelle Jones First Name Last Name Email Address Street Address Corpus Christi TX 7_841_8 City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 20 Self Employed @ Peaceful Heart Massage_ Massage-&Aquatics Therapist _- Employer Job Title Work Address-Street Address and Suite Number 3738 Nahid Court Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78418 Michelle Jones I Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) See Resume If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Only applying for one Why are you interested in serving on a City board, commission or committee? As a parent of a person with disabilities, a business owner who focuses on people with disabilities, and the founder/board president of a nonprofit that serves individuals with disabilities I believe I have a lot to offer the committee in terms of knowledge and experience.As a member I would hope to leverage that knowledge and experience to help make Corpus Christi the most accessible and inclusive city in America! Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Michelle Jones Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A NIA Demographics f Gender z W Female I Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter NIA. N/A Board-specific questions (if applicable) Michelle Jones 4 i I i i Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Michelle Jones I i Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 9 1 Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Michelle Jones MICHELLE SONES, LMT 3738 Nahid Court - Corpus Christi, TX 78418 p - 361.834.6545 EDUCATION • Hands On Approach School of Massage and Spa: Licensed Massage Therapist (LMT) - 2012 • Mott Community College: Licensed Vocational Nurse (LVN) - 1992 WORK EXPERIENCE • Peaceful Heart Massage: 2012 to Present o Self Employed: Provides contract massage and aquatics therapy to individuals with disabilities through the Community Living Assistance and Support Services (CLASS) Program under the Texas Department of Health and Human Services • Valley Independent Living (VaIL): 2010 to 2012 o Advocate/Relocation Specialist: See below for job description • Coastal Bend Center for Independent Living (CBCIL): 2002 to 2010 o Advocate/Relations Specialist: Provided education on community program options for people with disabilities seeking independent living arrangements. Implemented decision making by (1) . conducting assessments, (2) developing transition plans, (3) coordinating non-medicare services, (4) locating suitable housing, (5) assisting with the application for public benefits, and (6) coordinating logistics of move in o CBAD Coordinator: See below for program description TRAIN ING/CERTIFICATON • Texas Partners in Policymaking: 2003 o Leadership training program organized by the Texas Council for Developmental Disabilities (TCDD). It is designed to empower adults with developmental disabilities (DD) and family members I of people with DD to become effective advocates for policy change. • Coastal Bend Advocacy Development (CBAD) : 2002 o Educational opportunity for individuals with disabilities and their allies. Session topics include barriers faced by individuals with disabilities that include housing, transportation, education and employment. Current policy and legislative issues are explored and opportunities to advocate as individuals and peers are part of the CBAD experience. VOLUNTEER WORK • Wings of Texas, President & Founder: 2014 to Present o A 501c3 nonprofit organization that works to help individuals with disabilities access community events throughout the Coastal Bend. Primary programs include adaptive running, cycling, and bowling. Organization also hosts annual events (Spirit of the ADA Community Advocacy Awards; Captains Ball Special Needs Dance; Hero's Challenge physical mobility lk; Teddy Bear Ride to Driscoll Children's Hospital; etc) aimed at supporting the disabilities community and making the Coastal Bend a more inclusive place to live, work, play, and learn! • Flour Bluff Special Olympics Booster Club, President & founder: 2012- 2015 o Program nested within Special Olympics Texas to raise restricted funds for the support of the Flour Bluff Special Olympics progam • Special Olympics Texas - South Texas Area, Coach: 2012-2014 o Special Olympics is the world's largest sports organization for children and adults with intellectual disabilities providing year- round training and activities to 5 million participants and Unified Sports partners in 172 countries AWARDS/ACCOLADES • KRIS 6 News Angel of the Month: October 2023 • Spirit of the Americans with Disabilities Act Parent Advocate Award: 2003 I CITY OF CORPUS CHRISTI Submit Date:Jan 11, 2024 Application for a City Board, Commission, Committee or Corporation Profile Aliza Long First Name Last Name Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 1 Deaf and Hard of Hearing Deaf and_Hard._of Hearing Center Access Specialist Resource___—____________ _ Employer Job Title Occupation Work Address-Street Address and Suite Number 5151 McArdle Road Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78411 Aliza Long Work Phone 3619931154 Work E-mail address info@deafhhcenter.org Preferred Mailing Address Pr Work Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES:Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, j please list: No. I am involved in other agencies'committee but in no relations to the City. Education, Professional and/or Community Activity(Present) My name is Aliza Long (pronounced Ah-lee-zah). I am 29 years old, and I identify as Deaf. Currently, I am a Deaf and Hard of Hearing Access Specialist at the Deaf and Hard of Hearing Center(DHHC), a State Contractor for the Texas Health and Human Services in Region 11. We provide equal access and case management support for clients, offering resource assistance.We also provide FREE training to all agencies to ensure that their services are readily accessible. I am attending Del Mar College for Business Administration. I plan to become a Certified Deaf Interpreter and a Real Estate agent for the Deaf and Hard of Hearing communities. I have worked as an Event Coordinator pre-COVID and volunteered with the DHHC for several years. I am a member of several Deaf and Hard of Hearing organizations, and I was an Interim-Chairperson on the DHHC's Advisory Board. I worked with Corpus Christi ISD as a para- professional substitute, staff interpreter, and Deaf Education substitute for students in the Regional Day School Program for the Deaf.As a civil activist, I enjoy helping, educating, and empowering others to enhance their success in life. My advice is to live, learn, overcome, and conquer. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Primary focus would be on Committee on Persons with Disabilities. Why are you interested in serving on a City board, commission or committee? Community members in South Texas organizations help influence change for the services that benefit the Deaf, Hard of Hearing, and Deaf-Blind individuals. It is essential to encourage and enable the full potential of Deaf and Hard of Hearing individuals to embrace leadership. A relationship with others can help everyone involved because doing so can enhance productivity in a partnership operation.One agency's success drives the progress of other organizations.The collective impact of the South Texas community will inspire system change by empowering its individuals and organizations. So, let's work together and be involved for the greater good of our Deaf and Hard of Hearing community. Aliza Long E I l I Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender 9 Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Aliza Long Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions(if applicable) Verification Aliza Long i E City Code Requirement- Residency -- - ---- ----- -__------- -- ------ -------—-------------- As ------As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. l hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Aliza Long i CITY OF CORPUS CHRISTI Submit Date:Jan 10, 2024 Application for a City Board, Commission, Committee or Corporation Profile Jennifer M Marroquin First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78411 City State Postal Code I Primary Phone Alternate Phone What district do you live in? Pf District 2 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? 23 Frien_d_s__F_or,Life-------- —____ Guardianship CareManager______„ Certified Guardian_ _-_ Employer Job Title Occupation Work Address-Street Address and Suite Number 3764 S Alameda suite 407 Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78411 Jennifer M Marroquin Work Phone 3615008647 Work E-mail address Jennifer_m@friendsforlife.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? I have a strong passion for helping individuals with disabilities. I have worked with people living with intellectual disabilities for 9 years. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board,commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? ------------- r Yes r No Jennifer M Marroquin E 44 I Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A NA Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Jennifer M Marroquin i i i I Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances,Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board,commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Jennifer M Marroquin Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. fJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Jennifer M Marroquin CITY OF CORPUS CHRISTI Submit Date: May 23, 2023 Application for a City Board, Commission, Committee or Corporation Profile Bernice Rubio First Name Last Name Email Address Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 63 Primary Phone Alternate Phone Corpus Christi Independent Teacher-Vocational Training School District _ _ Teacher Employer Job Title ---------_---- — Work Address-Street Address and Suite Number 4402 Castenon Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78415 Bernice Rubio Work Phone I 361-878-7960 I Work E-mail address bsrubio@ccisd.us Preferred Mailing Address P Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity(Present) Bachelor of Science in Occupational and Vocational Training-Corpus Christi TAMUCC, Early Childhood Associates- Del Mar College If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Committee for Special Needs-disabilities Housing Why are you interested in serving on a City board, commission or committee? committee Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r•' Yes r No Bernice Rubio I' I E Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender ------------- W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No Bernice Rubio i E If you answer"Yes"to any of the questions above, please explain or ask to speak with the i City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Bernice Rubio City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. fJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree lBernice Rubio CITY OF CORPUS CHRISTI Submit Date:Jan 05, 2024 Application for a City Board, Commission, Committee or Corporation i i Profile Susan Depoliti Tower MD First Name Middle Initial Last Name Suffix Email Address Street Address Corpus Christi TX 78411 City State Postal Code Primary Phone Alternate Phone What district do you live in? q District 2 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 17 Medical Director of Rehabilitation, Christus Spohn -Susan Depollti_Tower_MD_P_-A _ Shoreline HospitalPhysician ---- --- -- --------- Employer Job Title Occupation Work Address-Street Address and Suite Number 600 Elizabeth Street Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78404 Susan Depoliti Tower MD Work Phone 361-728-8366 Work E-mail address doctorsusantower@yahoo.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES:Submitted Interests & Experiences Are you a Nueces County registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any other City board,commission or committee. Education, Professional and/or Community Activity(Present) Doctor of Medicine, 1991. The Medical College of Pennsylvania Philadelphia, Pennsylvania Executive Healthcare MBA, 2014 University of Texas, at Dallas Diabetic Wound Care Certification—DWCC. Wound Care Certification—WCC. Certified Medical Director of Long Term Care—CMD. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Wherever I am needed most. Why are you interested in serving on a City board, commission or committee? To give back to my community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Susan Depoliti Tower MD No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board,commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A. Demographics Gender P Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Susan Depoliti Tower MD Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A, Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree Susan Depoliti Tower MD City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. CJ I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. (� I Agree Susan Depoliti Tower MD i' r Al S, I SUSAN DEPOLITI TOWER, MD, MBA Susan Depoliti Tower, MD, MBA 453 Bermuda Place—Corpus Christi,Texas 78411 Email: Cell: 361-728-8366 CURRENT POSITIONS Medical Director,Rehabilitation Services July 2006 to present. Christus Spohn Shoreline Hospital Corpus Christi,Texas • Previously full-time Medical Director(2006-2021)for a 27 bed comprehensive Inpatient Rehabilitation Unit for the Christus Spohn Health System. • When I accepted the position as Medical Director for Regional WoundCare &Hyperbarics in July of 2021, Christus Spohn Shoreline Hospital asked me to stay and remain on as a Co-Medical Director,for the Inpatient Rehabilitation Unit. Medical Director,Regional WoundCare &Hyperbarics July 2021 to August 2022. WoundCentrics,LLC Corpus Christi,Texas • Medical Director for outpatient wound care and hyperbaric medicine. President and CEO June 2006 to present. Susan D. Tower,MD PA Corpus Christi,Texas • Admitting and consulting privileges at local community hospitals, with Christus Spohn Health System being the primary focus. My practice includes Physical Medicine and Rehabilitation along with Wound Care. PRIOR POSITIONS Consultant,Wound Care Nov 2016 to July 2021. WoundCentrics LLC-Corpus Christi, for services with: Post Acute Medical Specialty Hospital Corpus Christi,Texas Wound Care Physician Sept 2006 to Nov 2009. Christus Spohn Shoreline Hospital Outpatient Woundcare Clinic. • Physician for outpatient Wound Care and Hyperbaric medicine Christus Spohn Shoreline Hospital. Private Practice-Susan Depoliti Tower,MD Jan.2004 to June 2006. Longview,Texas • Private practice in Physical Medicine and Rehabilitation. Consulting and admitting physician, Good Shepherd Medical Center, and Longview Regional Medical Center. Private Practice-Susan Depoliti,MD Jan. 2001 to Nov. 2003. Newark,Delaware • Private practice in Physical Medicine and Rehabilitation. Consulting and admitting physician, Christiana Care Hospital and Saint Francis Hospital. Private Practice-Susan Depoliti,MD Aug. 1997 to Jan. 2001. Wilkes-Barre, Pennsylvania • Private practice in Physical Medicine and Rehabilitation. • Admitting Physician,John Heinz Institute of Rehabilitation Medicine. Page 12 of 5 Susan Depoliti Tower, MD i EDUCATION MSL Candidate Presentation and Communication Skills Training Program September 2017. with Samuel Dyer,MD The Medial Science Liaison Society Durham, NC. Executive Healthcare MBA May 2014. University of Texas, at Dallas Graduate Certificate in Healthcare Management April 2013. University of Texas, at Dallas Certified Medical Director of Long Term Care—CMD 2012 to present. The Society for Post Acute and Long-Term Care Medicine Diabetic Wound Care Certification—DWCC -through the 2011 to present. National Alliance of Wound Care Wound Care Certification—WCC—through the 2006 to present. National Alliance of Wound Care UHMS Certification—through the 2006 to present. Undersea and Hyperbaric Medical Society Doctor of Medicine. 1987-1991. The Medical College of Pennsylvania Philadelphia, Pennsylvania Post-Baccalaureate Pre-Health Program. 1985-1987. University of Pennsylvania Philadelphia, Pennsylvania Bachelor of Arts,Magna Cum Laude, PSYCHOLOGY MAJOR. 1979- 1981. (TRACK: THE BIOLOGICAL BASIS OF BEHAVIOR) 1978-1979 ELECTIVE University of Pennsylvania LEAVE(SEE BELOW) Philadelphia, Pennsylvania 1976-1978. Opera,Theater and Classical Ballet 1978-1979. Philadelphia College of the Performing Arts ATTENDED DURING AN ELECTIVE LEAVE FROM THE UNIVERSITY OF PENNSYLVANIA) Philadelphia, Pennsylvania Page 13 of 5 Susan Depoliti Tower, MD i i POST GRADUATE TRAINING POSITION: Chief Resident,Physical Medicine Rehabilitation 1996-1997. POSITION: Resident,Physical Medicine Rehabilitation 1994-1996. University of Pennsylvania Medical Center Philadelphia, Pennsylvania POSITION: Resident in Diagnostic Radiology 1992-1993. Albert Einstein Medical Center Philadelphia, Pennsylvania POSITION: Intern in General Surgery 1991-1992. Graduate Hospital Philadelphia, Pennsylvania TELEVISION APPEARANCE "Call the Doctor"—Television News Program November 1997. Topic:Fibromyalgia WVIA-TV. Pittston,Pennsylvania STATE LICENSES Texas California Pennsylvania Delaware Virginia UNIQUE EXPERIENCES Rotary Club Youth Exchange Scholarship to Denmark 1976. PAST EMPLOYMENT POSITION: IMS Marketing Research Account Executive 1984-1985. IMS,America Ambler, Pennsylvania • Account Executive/Product Manager for IMS Pharmaceutical and Hospital Supply Industry Audits. Responsible for the provision of proactive client service to the pharmaceutical, advertising, and financial communities. Primary contact for IMS healthcare databases. Designed customized marketing analysis reports via IMS on-line systems and delivered marketing presentations throughout Pennsylvania and New York. POSITION:Administrative Assistant to the Director of Marketing 1982-1984. SmithKline-Beckman Corporation(Menley&James Laboratories) (Now known as GlaxoSmithKline) Philadelphia, Pennsylvania Page 14 of 5 Susan Depoliti Tower, MD • Verbal and written communications to pharmacies throughout the United States. Development and distribution of marketing analyzes to the National Consumer Product Sales Force, based on IMS data from pharmacies throughout the United States. PAST EMPLOYMENT continued.... POSITION:Administrative Assistant to the Director of Neuropsychology 1981-1982. Hahnemann University Hospital Philadelphia, Pennsylvania • Secretarial and administrative duties. Developed national neuropsychology continuing medical education programs in the Philadelphia area that were financially successful and funded research within the department. Assisted in the scoring of neuropsychological tests. Attended neuroanatomy medical school lectures. POSITION: Independent Contractor 1978-1980. Educational Testing Service(ETS) • Developed logic and spatial reasoning questions for the Law School Admission Test(LSAT). Page 15 of 5 Susan Depoliti Tower, MD CITY OF CORPUS CHRISTI Submit Date:Jan 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Imelda M Trevino First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Cade Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? 49 Workforce Solutions Coastal Inclusive workforce Bend -_ Student_HireA-b-ility_Navigator___ development____ Employer Job Title Occupation Work Address-Street Address and Suite Number 400 Mann St Suite 800 Work Address-State TX Work Address-Zip Code 78401 Work Phone 3618853059 Imelda M Trevino i €I t I Work E-mail address imelda.trevino@workforcesolutionscb.org i Preferred Mailing Address I'1 Work Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES:Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity(Present) My current position as a Student HireAbility Navigator for Workforce Solutions of the Coastal Bend services the 11 counties within the Coastal Bend Region.As a people leader, I am knowledged in the guidelines and reasonable accommodations in working with individuals with disabilities. I have served as Disaster Relief Manager for the Hurricane Harvey Relief Initiative and led a team of outreach specialists, following the Department of Labor's guidelines including application of services to individuals with disabilities, adaptive equipment,disability equipment lifts and workstation(s)dedicated for utilization of individuals with disabilities. In my current role, I work as a liaison between Texas Workforce Commission, Vocational Rehabilitation Services and the community targeting pre-employment transition services for Students with Disabilities. I also serve on the Corpus Christi Regional Transportation Authority's Committee on Accessible Transportation which promotes the inclusion and integration of persons with disabilities. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? My passion is for serving our community and most importantly, as an advocate for inclusion for all individuals, including those with disabilities. I not only have a professional understanding, but also a personal understanding of the barriers and obstacles people with disabilities can encounter. If given the opportunity to serve on the Committee for Persons with Disabilities I would serve as both a resource in the workforce development area and could provide insight as well as a voice for the inclusion of persons with disabilities. Upload a Resume Imelda M Trevino Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission,committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Imelda M Trevino Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions(if applicable) Verification Imelda M Trevino City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Imelda M Trevino i I Imelda M. Trevino 7125 Cotton Club Dr. (361) 548-9456 Corpus Christi,TX 78414 A high energy and results-driven professional with over 20 years' experience in a people leader role. Excellent planning and organizational skills result in the optimum functioning of the department and the consistent achievement of service standards. Proven interpersonal and motivational ability ensure a strong approach and the attainment of maximum performance levels and productivity. A decisive action- orientated professional with exceptional administrative skills and strong communication ability. Expertise • Customer Service Management • Human Resources • Teambuilding &Training • Relationship Building • Front-End Supervision • Problem Solving Skills • Problem Solving Skills • Manage Calendars • Leadership, coaching & mentoring • Communication Skills • Purchase Card Management • Time &Attendance • Public Speaking • Multi-tasking ability • Purchase Orders & Requisitions • MS Office Suite • Business to Business • Contract Management Management Professional Experience Corpus Christi Polymers, LLC — Corpus Christi, TX April 2019 to February 2021 Executive Assistant Provide high level Executive Support to the Site Manager, Chief Construction Officer, Chief Financial Officer and Human Resource Director. • Effectively manage confidential information while coordinating heavy executive calendars and travel, increasing the Executives efficiency. • Create and enhance complex and extensive PowerPoint presentations from multiple sources for high-level corporate meetings and public speaking engagements, ensuring corporate standards and branding was consistently maintained. • Maintaining organizational charts and distribution lists. • Meeting and event coordination, including responsibility for maintaining conference room scheduling. • Generating purchase requisitions, processing/tracking invoices, compiling supporting documentation for purchase orders for accuracy and receiving. • Manage office supplies and purchasing. • Preparing Minutes of the Meeting for review and distribution. • Administrative responsibilities related to Budget& Expense Reports • Advanced computer knowledge including Microsoft Office Suite, Word, Excel, PowerPoint and Visio, aptitude to continually learn new software or applications is required. • Payroll Practitioner responsible for accurate and complete time and attendance processing. • General administrative office duties to include answering phone calls, filing, organizing, and providing other administrative responsibilities as requested. • Solid experience with producing email correspondence, review drafts and finished documents for appropriate grammatical usage. SERCO of Texas — Corpus Christi, TX February 2018 to April 2019 Disaster Relief Manager- HHRI Assist in all phases of daily programming following the Department of Labor regulations including management/reporting, quality assurance and advocacy for individuals served by Hurricane Harvey Relief Initiative project. • Serve as a key liaison between Unique Employment, SERCO and contracted Workforce Career Centers. • Responsible for coordination, development, recruitment, maintenance, and outreach activities. • Monitors on-going delivery of services to ensure accomplishment of program goals and ensure attainment of performance measure. • Responsible for meeting and exceeding assigned contracted measures, as outlined in the Service Delivery Plan and contract deliverables. • Developed and implemented annual assessments, quarterly reviews and revision of daily logs and monthly reports for the Hurricane Harvey Relief Initiative program. • Ensured program and subprojects were tracking to schedule, scope and budget following full compliance. • Provided internal and external program status updates to leadership daily summarizing overall program progress. • Developed Employee Sales Training plan to ensure optimum customer service, engagement and increase enrollment. • Coordinate with management to support, develop and implement program growth strategies. (EX: Choices Exempt Initiative) • Inform customers of requirements and explain available programs. • Facilitate Workforce Orientation for Applicants and Workers Innovation Opportunity Act Orientation. • Facilitate and develop curriculum and Workshops. Charter Spectrum — Corpus Christi, TX October 2000 to January 2018 Sales Supervisor- Residential, New Build and Third-Party Retail Nationally recognized and dedicated people leader responsible for managing sales agents, building Business to Business relationships, promoting services and monitoring agent's performance, while still providing excellent service to the customer. Scheduled representatives, developed 13213 relationships, resolved emergency issues, recruited, interviewed, hired and provided training for new employees and retail partners. Handled service issues beyond agents' capability. Met all customer and company expectations. • Responsible for 20+ sales representatives and 2 contact firms. • Directed, supervised, monitored and motivated sales staff to ensure that all performance goals were met. • Developed and maintained Business Relationships to ensure effective service/product delivery and maintenance of contracts. • Interpreted and communicated work procedures and company polices. • Developed and conducted ongoing skills training and personal development classes for team members and business partners. • Prepared sales and commission reports. • Evaluated employees'job performance and conformance to regulations and recommended appropriate personal action. • Designed quality control program and implement standards to coach employees toward high performance and success. • Created incentives to drive performance and engage employees. • Recruited, interviewed, hired, trained and supervised agents to ensure optimum customer satisfaction. • Exceeded targeted results in customer retention, customer expectations, sales and support service as well as other customer service goals. • Provided customers with on-the-spot solutions and, when necessary, refunds when dissatisfied with services. Education and Training Del Mar College — Corpus Christi, TX Business Administration Training: Completed courses and seminars in ADP, SAP Concur, SAP, Customer First Customer Service, SalesForce, Play to Win Leadership Training, S3 Sales Training, E3 Excellence Training, 1-9 Verification, Effective huddle training, time management, leadership, customer service, performance assessment, SNAP Program, Choices Program, WIOA Program, Cabinet Training, Service Plans, Work in Texas ETHICS COMMISSION One(1)vacancy with term ending 9-30-2026.(Members are appointed by two-thirds vote of the full Council). Duties The Ethics Commission,in addition to having jurisdiction over complaints involving any"city official",are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics;review all statements and reports filed with the city;annually review the code of ethics and make appropriate recommendations to the City Council;review all public opinions related to the code of ethics that are issued by the city attorney;prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each City Council election. The Commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three(3)members may call a meeting provided that reasonable notice is given to each member. The Commission shall meet at least once a year. The date of the annual meeting shall be in September. The Commission shall comply with the Texas Open Meetings Act. Composition Nine members appointed by a two-thirds vote of the full Council.Nominations are to be solicited from a wide variety of professional and community organizations in the City,but interested individuals may also submit their names for consideration.Members shall hold office for three-year terms commencing October 1.No holding over is permitted except as expressly provided in the Code of Ethics.The Commission shall elect a Chairperson and a Vice-Chairperson. Creation/Authority Meets Member size Term length/limit Liaison Section 2-320,Code of Ordinances;Ordinance 3rd Thursday of the month,5:30 p.m.,City 9 3 years/6 years Diamond Gallegos No.20781,9/19/89,Ord. 023460,10-13-98; Hall,Fifth Floor-ACM Conference Room. Ord.No.024614-10/9/01. Appointing Name District Term Appt.date End date Authority Position Status Sulakshana Modak District 5 1 9/5/2023 9/30/2026 City Council Resigned David J.Bendett District 4 1 1/14/2020 9/30/2024 City Council Active Laura M.Commons District 2 1 9/14/2021 9/30/2024 City Council Active Kamlesh Bhikha District 1 Partial 5/9/2023 9/30/2024 City Council Active Kent L.Teague District 3 1 9/13/2022 9/30/2025 City Council Active Dane F.Fuller 1 District 5 11 9/13/2022 9/30/2025 lCity Council 1 Chair lActive Trevor H.Mauck District 2 1 9/13/2022 9/30/2025 City Council Active Ed Bennett District 5 2 9/15/2020 9/30/2026 City Council Active Rick Barrera District 5 1 19/5/2023 9/30/2026 City Council Active 2-13-2024 ETHICS COMMISSION Applicants Name District Status Kimberly K. Ballenger District 5 Applied Adam R. Copeland District 5 Applied Vanessa M. Garcia District 3 Applied Candace S. Hart District 4 Applied Kristen Heslip I District 3 jApplied CITY OF CORPUS CHRISTI Submit Date: Nov 28, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Kimberly K Ballenger -- ---- .-_._.------------- Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414__ City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 52 Self Em_ployed _ O_wner__ _ __—_______ Employer Job Title Work Address-Street Address and Suite Number 8205 Radial Court Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code ------------ 78414 Mrs. Kimberly K Ballenger i sE Work Phone (361)331-7864 I Work E-mail address Kimberly@TacticsMatter.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION:Submitted Interests & Experiences Are you a Nueces County registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No I do not. Education, Professional and/or Community Activity(Present) AAS Management Development, BBA General Business, MPA Criminal Justice, Certificate in Homeland Security, Certified Firearms Instructor(NRA& USCCA) and Rotary Club of Corpus Christi. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I have a genuine love and commitment to this community and I truly want to see it thrive and become the best to can be for generations to come. Now that my youngest son has left for college,and we are a Proud Aggie Family I now have the time to do my part to work in this community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Mrs. Kimberly K Ballenger Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Mrs. Kimberly K Ballenger If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Verification Mrs. Kimberly K Ballenger City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. PF I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Mrs. Kimberly K Ballenger Kimberly K.KBallenger EXPERIENCE - OCTOBER 2020-PRESENT Owner of Tactics Matter, LLC 1, Corpus Christi,TX Serve as the visionary leader responsible for the overall direction and growth Of Tactics Matter which demands an in-depth knowledge of firearm regulations and industry standards,strong leadership skills and a commitment to quality. As a certified firearms instructor I have very strong communication and interpersonal skills that allow me to teach to diverse audience with a passion for teaching and empowering women in a supportive environment. ADDRESS DECEMBR 2003-PRESENT 8205 Radial Court Real Estate Investor/Property Manager with K.K. Ballenger Investments, LLC Corpus Christi,TX 78414 Corpus Christi,TX Responsible for overseeing and managing properties and implementing PHONE strategies to maximize returns.This multifaceted role requires strong financial 361.331.7864 analysis,excellent negotiation,communication,ability to make strategic decisions and adapt to changing market conditions. EMAIL APRIL 2003-MAY 2023 Stay At Home Mom Various Duty Stations within the United States Managed all aspects of the Ballenger home,ensuring the well-being, education and support of our two children, balanced finances,upkeep of the AFFILIATIONS home,developed strong organizational and multitasking skills in a dynamic and ever changing environment as the wife of a United States Naval Officer. Gold Star Wives of America, Inc. September 2008 JANUARY 2009-JANUARY 2023 Volunteer with Boy Scouts of America Military Officers Association of Corpus Christi,TX America, Inc.September 2008 Contributed to the development and enrichment of children and young adults through the scouting programs.This role involves fostering character National Rifle Association development,leadership skills and outdoor experiences in a supportive and June 2014 educational environment. I served as Den Leader, Pack Activities Chair,Pack Rotary Club of Corpus Christi Treasurer,Cubmaster, District Membership Chair,Assistant District Trainer, June 2023 Committee Chair,Recruiter,Committee Chair, Unit Commissioner,Shooting Sports Committee Member, District Eagle Board Chair and served on the Corpus Christi Aggie Moms Council's Executive Board. August 2023 EDUCATION Certificate in Homeland Security Texas A&M University -Corpus Christi,TX December 2020 Master of Public Administration: Criminal Justice Texas A&M University-Corpus Christi,TX December 1997 ;Associate in Applied Science: Management Development Del Mar College-Corpus Christi,TX December 1995 Bachelor of Business Administration Texas A& M University- Kingsville,TX December 1993 i � j CITY OF CORPUS CHRISTI Submit Date:Jul 07, 2023 Application for a City Board, Commission, Committee or Corporation Profile Adam R Copeland First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? " W District 5 Current resident of the city? r Yes r No If yes, how many years? 6 Primary Phone Alternate Phone Lexington Baptist-_Church __ ___-_. Senio_r_Pastor ------_-----_ Employer Job Title Work Address-Street Address and Suite Number 3525 SPID Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78415 Adam R Copeland Work E-mail address Preferred Mailing Address q Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) B.A. in Biblical Studies; M.A. in Cross-Cultural Ministry; M.Div. in Missions. Veteran-United States Marine Corps. Why are you interested in serving on a City board, commission or committee? I want to take an active role in serving our community and ensuring that our leaders are held to high moral standards. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Adam R Copeland �. Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Adam R Copeland Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. W I Agree Adam R Copeland Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Adam R Copeland CITY OF CORPUS CHRISTI Submit Date:Jul 04,2023 Application for a City Board, Commission, Committee or Corporation Profile Vanessa M Garcia First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 12 Primary Phone Alternate Phone Talen Energy- Barney Davis Energy Center - --_ ._— Engineer Employer Job Title Work Address-Street Address and Suite Number 4301 Waldron Rd Work Address- City Flour Bluff Work Address-State Tx Work Address-Zip Code 78418 Vanessa M Garcia Work Phone 3619395032 Work E-mail address Vanessa.Garcia@talenenergy.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION:Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Bachelor's Degree in Electrical and Computer Engineering from Baylor University, 15 years total engineering experience in coal fired power plants, and natural gas fired combined cycle power plants, If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Ethics Commission, 2) Planning Commission Why are you interested in serving on a City board, commission or committee? Any governing body is prone to corruption without proper checks and balances. I would like to be part of the community voice at the table. One of my mentors once told me, "You don't to complain if you're not willing to put any skin in the game". So this is me putting skin in the game. I would like to learn from the community leaders around me. I want to learn how the city boards and commissions function;and I would like to be part of the group that helps shape the direction of this city. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Vanessa M Garcia No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A NSA Demographics Gender IJ Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Vanessa M Garcia Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter NIA. N/A Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r• Yes r No Verification Vanessa M Garcia City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances,Section 2-65,which states that all members of City boards and commissions, including ad hoc committees,appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Vanessa M Garcia CITY OF CORPUS CHRISTI Submit Date:Nov 22, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ms. Candace S Hart Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi _ TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? ' W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 8 Retired HS Librarian N/A Employer Job Title Work Address-Street Address and Suite Number N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION:Submitted Interests & Experiences Ms. Candace S Hart Are you a Nueces County registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No I do not. Education, Professional and/or Community Activity(Present) BS- Pratt University, Brooklyn NY School Library Certification-Queens College, Charlotte NC MA- UTDallas- Richardson TX New Neighbors League of Corpus Christi, Past President Texas Retired Teachers Association San Antonio Retired Teachers Association, Past Executive Board member Past Library Board member,vice-chair and chair. Why are you interested in serving on a City board, commission or committee? I am a concerned citizen who believes that ethics needs to be enforced in our government. i applaud the service of individuals who are willing to step up and become involved in their community and I have always tried to be one of these people. I consider myself to be a citizen with high moral and ethical values and who believes in the values and promises of our constitution. I vote in every primary and general election because I see this as a requirement to be a good citizen. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission,committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Ms. Candace S Hart Gender 9 Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) -Ms. Candace S Hart Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Ms. Candace S Hart Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ms. Candace S Hart CITY OF CORPUS CHRISTI Submit Date: Nov 07, 2023 Application for a City Board, Commission, Committee or Corporation Profile Kristen Heslip First Name Last Name Email Address Street Address Corpus Christi TX 78417 City State Postal Code ■ Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 40 Refinery_Terminal_Fire Company_ Dispatcher_ Employer Job Title Work Address-Street Address and Suite Number 1001 McBride Ln Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78407 Kristen Heslip Work Phone 361-885-7000 Work E-mail address Kristen.Heslip@rtfc.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION:Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any city boards or committees. I do serve as Luncheon Chairperson with Junior League of Corpus Christi Education, Professional and/or Community Activity(Present) Graduated from Mary Carroll High School in 2001. 2005-911 Emergency Dispatcher with The City of Corpus Christi 2013-911 Dispatch Supervisor with the City of Corpus Christi 2017-Crisis Management Dispatcher Refinery Terminal Fire Company Leadership Corpus Christi Class 52 Volunteer with Big Brother Big Sisters of The Coastal Bend Junior League of Corpus Christi active member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Port of Corpus Christi Authority 2. Ethics Why are you interested in serving on a City board, commission or committee? Serving on either board allows me to contribute directly to the betterment and well being of our community. I feel serving on a board can be a valuable learning experience which allows me to gain insights into local governance,decision making processes and community dynamics. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Kristen Heslip No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A Na Demographics Gender 9 Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Kristen Heslip Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC)Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Kristen Heslip Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. l hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Kristen Heslip 5622 Escondido St Corpus Christi TX 78417 361-779-3665 HESLIP, KRISTEN R. OBJECTIVE To use my diverse skills to transcribe data from voice or paper copy onto a computer document. PROFESSIONAL TRANSCIPTION ACHIEVEMENTS Transcription Foundations VOLUNTEERING Fundraising for American Heart Association 2020-2022 Big Brothers Big Sisters of Coastal Bend Junior League of Corpus Christi Corpus Christi Professional Women for Good LEADERSHIP Certificate :Supervision Skills BMGT 1018 Certificate: Empower,Coach and Honor Staff BMGT 1003 Certificate: Recognize Employees Each and Every Day Certificate:An Effective Leader's Guide to Time Management Certificate: Build Win-Win Relationships With Your Team Certificate:Valuing Diversity Certificate:Succeed as a Supervisor Certificate:Supporting Employees SKILLS Use of Microsoft Programs;Word, Excel, PowerPoint and Outlook Ability to communicate well through writing Ability to communicate face to face Ability to maneuver different computer programs Great Customer Service Manages time well on a day to day basis Leadership Able to collaborate with different teams and/departments Adapts easily to change Problem Solving Fundraising Skills Types 45+words per min Responsible employee WORK HISTORY CRISIS MANAGEMENT DISPATCHER,REFINERY TERMINAL FIRE COMPANY,CORPUS CHRISTI,TX 2/6/2017-Present 911 DISPATCH SUPERVISOR,CITY OF CORPUS CHRISTI POLICE DEPARTMENT,CORPUS CHRISTI, TX 2/5/2012—2/5/2017 911 DISPATCHER,CITY OF CORPUS CHRISTI POLICE DEPARTMENT,CORPUS CHRISTI,TX 2007-2/5/2012 911 CLERK,CITY OF CORPUS CHRISTI POLICE DEPARTMENT,CORPUS CHRISTI,TX 2/5/2005-2007 CUSTOMER SERVICE REP,FIRST DATA ENTERPRISES,CORPUS CHRISTI,TX 08/2004-2/2005 CUSTOMER SERVICE REP,GLOBE LIEF INSURANCE,OKLAHOMA CITY,OK 06/2003-07/2004 CUSTOMER SERVICE REP,APAC CUTOMER SERVICE,OKLAHOMA CITY,OK 05/2003-06/2003 CUSTOMER SERVICE REP,APAC CUTOMER SERVICE,CORPUS CHRISTI,TX 05/2001-05/2003 CASHIER, MELROSE FASHIIONS,CORPUS CHRISTI,TX 09/2001-01/2002 EDUCATION HIGH SCHOOL DIPLOMA, MARY CARROLL HIGH,CORPUS CHRISTI TX,1996-2001 GPA:3.0 REFERENCES KYLE CHARLES Dispatcher, Refinery Terminal Fire Company 608-217-0110 ANNAMELLY ORTIZ Police Officer,Austin Community College 361-815-3153 Page 2 Heslip, Kristen R. PARKS AND RECREATION ADVISORY COMMITTEE One(1)vacancy with term ending 8-22-2024. Duties The Parks and Recreation Advisory Committee shall advise the City Council as to all City parks and the buildings therein,public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. Composition Eleven(11)members appointed by the City Council,who are residents of the City and serve without compensation for a two-year term beginning August 23,or until their successor is appointed.The Board elects its Chairman. Creation/Authority Section 2-70,Code of Ordinances. Ord.No. 11046,8/23/72;16511,9/2/81;19831,7/2/87;20294,5/3/88. Meets Member size Term Length/Limit Liaison 2nd Wed.monthly,5:30 p.m.,City Hall,6th 11 2 years/6 years Catherine Garza Name District Term Appt.date End date Appointing Authority Position Status Duke Canchola District 5 1 8/9/2022 8/22/2024 City Council Resigned Joan A Adams-Wolfe District 2 Partial 9/5/2023 8/22/2024 City Council Active Linda Lindsey District 5 1 2/8/2022 8/22/2024 City Council Chair Active Twila Stevens District 4 3 8/21/2018 8/22/2024 City Council Vice-Chair Active Kellie Summers District 2 1 8/9/2022 8/22/2024 City Council Active Thomas Cronnon District 4 1 1/11/2022 8/22/2025 City Council Active Shawn C Flanagan District 2 1 8/8/2023 8/22/2025 City Council Active James M Lehnert District 4 1 8/8/2023 8/22/2025 City Council Active Jerry Plemons District 5 1 8/8/2023 8/22/2025 City Council Active Adam Rios District 5 1 4/11/2023 8/22/2025 City Council Active Howard L Schauer I District 3 13 4/24/2019 8/22/2025 ICity Council I jActive 2-13-2024 PARKS AND RECREATION ADVISORY COMMITTEE Applicants Name Status District Sierra A. Barnard Applied District 4 Mark Borgeson Sr. Applied District 5 Nikki Cortinas Applied District 5 Jose De La Paz Applied District 1 Shirin Delsooz Applied District 5 Glenn A. Duhon Jr. Applied District 3 Samuel A. Fryer Applied District 4 Janie Gifford Applied District 4 Elizabeth P. Gillenwater Applied District 4 Jackson W. Gray Applied District 5 Jason Kucera Applied District 2 Elaine Longoria-Carter Applied District 5 Will Lufburrow Applied District 5 Audrey L. Parmar Applied District 2 Rudy Tejano Pena Applied District 2 Michael L. Rittgers Applied District 5 Eloisa Rodriguez Applied District 3 Dianne Smitson Applied District 4 Terri Thompson Applied District 4 Lawrence A. Vera Applied District 3 Mikell West jApplied I District 3 George W. Woods III jApplied I District 4 CITY OF CORPUS CHRISTI Submit Date: Feb 01, 2023 Application for a City Board, Commission, Committee or Corporation Profile Sierra A Barnard First Name Middle Initial Last Name Email Address Street Address CORPUS CHRISTI TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 3 Shoreline Realty Co. _ Realtor Employer Job Title Occupation Work Address-Street Address and Suite Number 123 W Cotter Ave Work Address-City North Padre Island Work Address -State Texas Work Address -Zip Code 78418 Sierra A Barnard Page 1 of 5 i i : i Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted i Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Nuclear Physics, environmental science, realtor If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and rec Reinvestment island Why are you interested in serving on a City board, commission or committee? My desire to be in the board stems seems my passion for outdoor activities for families. Bringing residents together to socialize and let their kids have fun in the outdoors. I have been lobbying for a splashpad here on padre island. We have zero water play and it's so hot in summers and strong Rips suck children out to sea. We need and deserve a space for us, especially the taxes we are paying. I was informed while on my mission about the triz2 fund for parks set aside from developers who take so much yet give so little in return. I'm all for developing our island but we deserve the basics that other areas have. Learning more about these funds and how they are allocated really moved my heart and several councilmen and women advised me to look into this board. They want regular good folks who have the residents best interest at heart to have some say, some voice to be heard on their behalf. I'd be honored to be that voice and speak up for families that would be enriched by giving my input.Also I'm passionate about trash cleanup. I want to see our city shine and reach its full potential a huge part of that is the parks department. I admire their dedication and professionalism but if we work together we can find solutions that benefits everyone along the way. I have a vision now I need your help to make it a reality.Thank you for your time reviewing my application and I look forward to 2023 being a year of growth and prosperity. Have a great year yall!!! Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Sierra A Barnard I h I No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign ' your current seat to serve on another board, commission, committee or corporation? ------------ r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A Na Demographics Gender F7 Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Sierra A Barnard Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No i If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter NIA. Na Board-specific questions (if applicable) Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Sierra A Barnard E t City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. ------------- W I Agree Sierra A Barnard t EXPERIENCE University of Texas Nuclear Engineering Laboratory Research Assistant 2011- 2013 Assisted with analysis of samples through neutron activation analysis of samples including: g Oversaw the tracking and verifying of incoming samples and assembling comprehensive narratives on each project 9 Prepared soil,sludge,water,and air filter samples for irradiation 8 Reviewed and analyzed spectra using gamma spectroscopy to identify concentrations of various element B Attended conferences and seminars,and conducted technical research 8 Completed Nuclear Forensics Radio Xenon production with Neutron Activation Analysis for the United Nations and National Laboratories 9 Performed gas manifold transfers including calculating energy activity for shipments and designing containers for Hazmat shipping 8 Communicated data reports and discrepancies directly with the clients B Maintained all laboratory areas including calibration of laboratory testing equipment 9 Utilized and calibrated High Purity Germanium Detectors and detector software g Maintaining an inventory of certified standard reference materials and locally prepared standard solutions for use in the analysis of research and service projects B Collaborated with a research team to evaluate environmental policy and improve on commonly used analytical methods United Boys & Girls Clubs of Santa Barbara Santa Barbara,Ca 2004-2008 Fundraiser and Event Coordinator 9 Administrative tasks(faxing,filing,phones,and supply orders) g Knowledge of Excel,PowerPoint,Word, etc. 9 Helped raise over$3.4 million a year to help disadvantaged youth through specialized events 9 Made presentations to board members and networked with local businesses EDUCATION 2010-2013 Austin Community College Associates of Archaeology A.S. 8 Intensive field work in the Yucatan and Peru University of Texas Nuclear Engineering Laboratory ACHIEVEMENTS Publications: Neutron Activation Analysis as a Preferred Method for Detecting Uranium and Thorium Concentrations in Soil Presentations: M.I.T&American Nuclear Society Annual Conference Nuclear Applications in Environmental Science Awards: University of Texas Nuclear Engineering Laboratory received recognition by EPA as a State Certified Environmental Testing Facility. References: i i Dr. Sheldon Landsberger Texas Atomic Energy Research Foundation Professorship University of Texas Nuclear Engineering Teaching Lab Pickle Research Campus R-9000 Austin,Texas 78731 Tel: (512) 796-0287 S.Landsberger@mail.utexas.edu Tracy Tipping Health Physicist University of Texas Nuclear Engineering Teaching Lab Pickle Research Campus R-9000 Austin,Texas 78731 Tel: (512)232-4174 Ttipping@austin.utexas.edu i CITY OF CORPUS CHRISTI Submit Date:Jan 30, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr. Mark Borgeson Sr Prefix First Name Last Name Suffix Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 1 Los Angeles County(Retired)_.__ Deputy Probation_Officer IIProbation Officer Employer Job Title Occupation Work Address-Street Address and Suite Number N/A Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? r• Yes r No Mr. Mark Borgeson Sr Do you currently serve on any other City board, commission or committee at this time? If so, please list: No i Education, Professional and/or Community Activity (Present) Business Degree from Azusa Pacific Univ., Played College Basketball, as well as Professional in Europe; College PE Instructor(2 years), High School Teacher(2 years), Substitute Teacher(4 years), College Basketball Coach (12 seasons), Professional Basketball Coach (3 seasons), Small Business owner (Sports Management Company), Special Olympics Advisory Board (2 years),Juvenile Probation Officer for Los Angeles County(25 years);while with LA Co., I was Staff Training Coordinator(7 years), teaching many courses (7 years);Was the Coordinator for the ART(Aggression Replacement Therapy) Program, as well as the DBT(Dialectical Behavior Therapy) Program. I was liaison with LA Co. Dept of Mental Health for both these programs, as well as the liaison with LA Co. Fire Department in charge of coordinating the Camp 17 Fire Program for the juveniles who were being trained by the LA Co. Fire Dept; Why are you interested in serving on a City board, commission or committee? Yes Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes (-. No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender 9 Male Code of Ethics- Rules of Conduct/Conflicts of Interest Mr. Mark Borgeson Sr Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Mr. Mark Borgeson Sr Verif ication City Code Requirement' Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board orcommission mnwhich such member served. � W |Agree CityCodeRequ|manment-Atbandence /kmmboend, comnmnimaion, ornommitteemember,youvviUbaemkodtoadheretoCityCodeof Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. W |Agree Consent for Release ofInformation I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W |Agree K4[ Ma[kBO[g8SOO Sr Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr. Mark Borgeson Sr MARK H. BORGESON, SR. 7713 Fred's Folly Dr. Corpus Christi, TX 78414 (909) 257-6539 Objective To obtain a position with the City of Corpus Christi Parks and Recreation Advisory Committee Education Azusa Pacific University, BA in Business Administration Sports Management International Scout/Manager with DBI Sports Management • Securing contracts for professional basketball players in international markets • Training and development of players during the offseason • Scouting and recruiting of potential professional players Law Enforcement, Retired (25 years) • Deputy Probation Officer II, Los Angeles County Probation Dept. • STC (Standards &Training for Corrections) Coordinator& Instructor • Dialectical Behavior Therapy (DBT) Program Coordinator(In conjunction with Department of Mental Health)for youth • Liaison to the LA Co. Fire Department for Fire Academy Program • Direct supervision, counseling, and court reporting of LA County incarcerated youth • Mentoring and Training of fellow DPO's and GSN • Responsible of completing State and Federal audits • Responsible for the creation, development, maintenance and distribution of numerous administrative reports, staff orientation manuals, intervention tracking logs, STC tracking logs, staff monthly schedules, and other administrative forms and documents. • Participated with Human Resources in many LA Co. Probation recruiting events at various college campuses and military bases. • Part-Time Adjunct Professor, East Los Angeles College Basketball Experience Head Coach • Winling Basketball Club, Hong Kong, China (Professional Club, 3 seasons) • Won a Championship & named Coach of the Year • Advanced to Championship Finals twice • Responsible for recruiting foreign professionals; All practice & game prep • Atlantic Shores High School, Virginia Beach, VA o Served as Director of Athletics as well as Head Coach • Azusa Pacific Univ, Azusa, CA Served as Head JV Coach, as well as Varsity Assistant MARK H. BORGESON, SR. 7713 Fred's Folly Dr. Corpus Christi, TX 78414 (909) 257-6539 Assistant Coach • Central Connecticut State University (NCAA DI), New Britain, CT • Chaffey College, Rancho Cucamonga, CA (Jr. College) • During five seasons, advanced to California Community College State Final 4 on 3 occasions, advancing to the State Championship in 2013 • Helped move on 33 of players to four-year school and basketball programs. • Pasadena City College, Pasadena, CA (Jr. College) • Azusa Pacific Univ, CA(NCAA DII), Azusa, CA In all my experience as a collegiate assistant coach, my responsibilities included, but not limited to, the recruiting of student/athletes, player development, academic guidance, monitoring of team study hall & academic attendance; game scheduling; summer camp organization. Playing Experience • Columbia Basin College; Named Team Captain, Scholar/Athlete of Year& Conference MVP • Azusa Pacific Univ.; Named All-Conference HM • Played professionally and with various touring teams in over 10 European countries. Additional Educational/Teaching Experience • Azusa Pacific Univ.; Phys. Ed. Instructor of Activity courses such as volleyball, pickleball, basketball • Gladstone High School (Azusa Unified School Dist.); Taught Physical Education and Math i i CITY OF CORPUS CHRISTI Submit Date:Jul 10,2023 Application for a City Board, Commission, Committee or Corporation i i Profile Nikki Cortinas First Name Last Name Email Address Street Address Corpus Christi TX 78414 ---- -------- --------- --- ---- - ----- ---------__ __ _ --- --- ---._....--------- City State Postal Code What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 38 Primary Phone Alternate Phone C_o-nv_ivaCare Cente_rsBroker/CommunityRelations Employer Job Title Work Address-Street Address and Suite Number 800 N Shoreline Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78401 Nikki Cortinas Work Phone 3613005889 Work E-mail address ncortinas@convivasolutions.com Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) I currently have my MBA from TAMUCC. I am born and raised in Corpus Christi and I see the growth that is happening in our city, as a local I want to be a part of the amazing change I am seeing. In my current role, I work closely with licensed Medicare brokers and I see the value that my broker partners bring to our senior population. I have recently partnered up with The Senior Companion program and I see the value that these programs bring to our community. I want to be more involved in bringing awareness and resources to our local Coastal Bend community and I feel by being a part of this board I can give back by being the intermediary between seniors/community and things happening in our community. I am on the board of"For the Love of Children"which is put on by HALO-Flight, DPS, and Conviva Care Centers. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Rec Arts and Culture Why are you interested in serving on a City board, commission or committee? Recently I have gotten more involved with the senior companion program and am mind blown at the selflessness that the companions and the whole senior companion program represent. Not everyone in our community has access to resources and I have found that I enjoy being that resource to our community,whether it be a friend,family member, potential patient, or just being able to educate. We are one community and I want to be the change I want to see, I want to be the advocate that someone wishes they had, and I want to be able to know I did a good deed today. I am growing professionally and personally and I feel being a part of a City committee will only give me more resources to help others in my community. Nikki Cortinas Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? --------------- r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender -------------- W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (-. No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Nikki Cortinas i i t k Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Marketing • Business Development Groups/Corporate Representative Verification Nikki Cortinas City Code Requirement- Residency ------------------- As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W 1 Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. PF I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Nikki Cortinas I i CITY OF CORPUS CHRISTI Submit Date:Jul 10, 2023 ' Application for a City Board, Commission, Committee or Corporation Profile Mr, Jose De La Paz Prefix First Name Last Name Email Address Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? V District 1 Current resident of the city? r Yes r No If yes, how many years? 46 Primary Phone Alternate Phone South Texas Area Sales Gemaire Distributors _----__ Manager__- Employer Job Title ---- — Work Address-Street Address and Suite Number ------------ 5277 Oldsbrownsville Rd Ste#1 Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78416 Mr, Jose De La Paz Work Phoma 361-854-7591 Work E-mail address j000.delapuz@gemune.00m Preferred Mailing Address P1Work Address Which Boards would you like tmapply for? � PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? F Yes No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Duke |tOut Boxing Club Board ofDirector Education, Professional and/or Community Activity(Pn*oent) Helping a1risk kids inthe community. If you applied for multiple boards, which boards are you most interested in serving on, in order ofpreference? (Limit totop three) Parks & Recreation Advisory Committee Why are you interested in serving on a City board, connrnimo|on or committee? |want to have ahugo impact on helping my local community improve it's resources tothe residents and it's families. Upload°Resume Are you an ex-Officio member ofo City Board, commission or committee? r Yes No Mr, Jose [)8 [aPaz I No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Mr, Jose De La Paz I 1 Do you or your spouse have a pending claim, lawsuit or proceeding against the City? I t` Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) i i i i Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention &Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Mr, Jose De La Paz City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. tJ I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr, Jose De La Paz Jose De La Paz { 1 Experience Territory Account Manager (June 2021- Present) TAM serves as a liaison between Gemaire Distributors and licensed HVAC contractors with purchasing equipment, P&S, programs and benefits and help with marketing. We build strong relationships with owners and purchasing managers by understanding their business goals, their vision and how we can help them achieve success. 2038 Beckworth Trail Store /Conversion Manager (June 2009 — June 202 1) Corpus Christi,TX 78410 erP Tlh Enterprises DBA Rent A Center Manage day to day operations from payroll, logistics, inventory, training, recruiting, sales, 13213, marketing, collections and achieve profitability 361-906-7876 each month with 33 locations in Texas. I am a part of a conversion team which deals with buyouts of other rent to own companies that are sold to the company and verify all assets before purchase. e District Manager (March 2007 — June 2009) F3.e-xi Compras Responsibilities include training, recruiting, payroll, inventory audits, marketing and P&L of 10 store locations with 60 plus employees in South Texas. Assist in training classes for new hirers to learn RTO and prepare them for their roles for departments in collections, sales or delivery specialist. Store/ D1VIII (February 1996 Rent A Center Responsibilities include training, recruiting, payroll, inventory audits, marketing and P&L of 15 store locations with 75 employees in South Texas. Assist in training classes for new hirers to learn RTO and prepare them for their roles for departments in collections, sales or delivery specialist. 1 Iry��i ttL A Education " - Registered Nurse/Psychology (Del Mar College) • Dean's List 2004-2005(Not completed) High School Diploma (Foy H. Moody High School) • President of Kiwanis Club (May 1995) • Public Speaker • Sales and Collections Trainer • B2B Sales • Recruitment Specialist • Inventory Specialist • P&L Ledger • CRM Marketing Manager • Microsoft Office • Public Relations • Director of Non-Profit • Leadership Corpus Christi Class#51 • Team Building References Andres Luis 361-779-7557 5 Years Josh Cantu 361-542-7881 8 Years Chris Garza 361-779-9747 11 Years 2 CITY OF CORPUS CHRISTI Submit Date:Jan 25, 2024 Application for a City Board, Commission, Committee or Corporation Profile Shirin Delsooz First Name Last Name Email Address Street Address Corpus Christi TX 78414 --- ...----...._------------- city State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? 5 Homemaker&Online Self Employe_dEntrepreneur _____ O_nline Entrepreneur_________-__ Employer Job Title Occupation Work Address- Street Address and Suite Number 6030 Tapestry Work E-mail address shirin.delsooz@gmail.com Preferred Mailing Address tJ Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Shirin Delsooz Interests & Experiences Are you a Nueces County registered voter? r Yes r• No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) B.A. Communication Studies Mother of two small children If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Recreation Advisory Board Planning Commission Transportation Advisory Commission Why are you interested in serving on a City board, commission or committee? I am writing to express my sincere interest in joining on a city board and contributing to the continued progress and enhancement of our community. As a dedicated resident and advocate for positive change, I am eager to leverage my skills and experiences to serve in this vital capacity. I bring a unique blend of professional success, community engagement, and a passion for sustainable transportation.As a successful online entrepreneur, I have honed my strategic thinking, problem-solving, and leadership skills, which I believe will be valuable assets in contributing to the city's growth and development. My commitment to promoting sustainable mobility is reflected in my role as a dedicated bike advocate. I believe in the power of alternative transportation methods to create healthier, more connected communities.Through my advocacy work, I have gained valuable insights into the needs and aspirations of our fellow residents. Being a mother of two small children, I am deeply invested in the future of our city. This perspective allows me to consider the long-term implications of decisions and policies, ensuring that our community remains a safe, inclusive, and thriving place for families. My family's active lifestyle aligns with my belief in creating a city that supports and encourages a healthy way of life. This commitment extends to my meticulous nature,where attention to detail is not just a habit but a guiding principle in everything I undertake. I am enthusiastic about the opportunity to bring my dedication, skills, and vision to Corpus Christi. I am confident that,together,we can continue to shape a city that we are all proud to call home. Thank you for considering my application. I look forward to the possibility of contributing to the positive trajectory of our beloved community. Sincerely, Shirin —- ---_ ----------- --- ---- Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Shirin Delsooz Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No Shirin Delsooz If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to TRANSPORTATION ADVISORY COMMISSION The Transportation Advisory Commission must have at least one member who represents the bicycling community. Do you qualify for this category? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r- No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r No Verification Shirin Delsooz City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek.I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Shirin Delsooz g CORPUS CHRISTI,TX `1 (361) 461-8859 .11I ' v LINKEDIN SHIRIN DELSOOZ SKILLS Passionate bike advocate since m 2018, successful online Ambitious entrepreneur, and mother of two small children, I am a highly skilled and resourceful individual • O determined to getting things done. Punctual I bring a unique perspective to the Parks and Recreation Advisory Committee Board & dedicated to enhancing our recreational spaces. -s. Problem-Solving 9 A EDUCATION Communication Studies, B.A. Detail-Oriented Concordia University 2009 1 Montreal, Canada CITY OF CORPUS CHRISTI Submit Date: Sep 26, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mr. Glenn A. Duhon Jr. Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Corpus Christi TX 78413 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 1.5 Maxwell P. Dunne Funeral _Service--_--- --------- _ ___ Managing-Director __ ---_-_ Employer Job Title Work Address-Street Address and Suite Number 5921 Yorktown Blvd Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78414 Mr. Glenn A. Duhon Jr. , L Work Phone 361-884-2411 Work E-mail address glenn.duhon@maxwellpdunne.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Masters in Architecture-Texas A&M (College Station) Banker and Bank Management for 20 years Funeral Director and Funeral Home Management- 13 years. Previous experience with City of Bryan boards: Economic Development(Chair), Parks&Rec(Chair), Zoning If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Any with a need. Why are you interested in serving on a City board, commission or committee? I served with the City of Bryan for many years and find it rewarding to be active and involved. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r•• Yes r No Mr. Glenn A. Duhon Jr. Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Mr. Glenn A. Duhon Jr. If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention &Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Verification Mr. Glenn A. Duhon Jr. City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees,appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr. Glenn A. Duhon Jr. CITY OF CORPUS CHRISTI Submit Date: Mar 09, 2023 Application for a City Board, Commission, Committee or Corporation Profile Samuel A Fryer First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? W District 4 Current resident of the city? r• Yes r No If yes, how many years? 11 Primary Phone Alternate Phone Department of the Army, Corpus Training Information _Christi Army Dep--ot_----__- Administrator Employer Job Title Work Address-Street Address and Suite Number 308 Crecy Street, MS 15 Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78419 Samuel A Fryer i Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Retired Army Colonel; Master of Divinity Degree; Bachelor of Science Degree in Computer Science;5 years as faith-based home congregation leader; Leadership Corpus Christi Association member,class XLV;4 years on the Terra Mar Property Owners Association Board as Vice-President;6 years on the Corpus Christi Metro Ministries Board of Directors, including Treasurer(2020) and Secretary(2021);3 years on the Nueces County Sheriff's Training Advisory Board;County Citizens Defending Freedom Ambassador and Election Integrity Project member. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Only applied for Parks and Recreation Advisory Board Why are you interested in serving on a City board, commission or committee? To continue community service with the goal of helping Corpus Christi fulfill the purpose of its name and ensure that it remains a wonderful place to live and raise families. As a retired U.S. Army Colonel,who has served our nation abroad and in Texas for 30 years, I have always been actively involved in the various military communities in which I was stationed. I have been blessed with the opportunity to serve the Corpus Christi community in several ways as mentioned in the previous Education, Professional and/or Community Activity section, and plan to leverage the relationships and experiences forged to provide the best service and insight as a Parks and Recreation Advisory Board member. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Samuel A Fryer I I No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a i voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Samuel A Fryer a Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Samuel A Fryer City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Samuel A Fryer Samuel Aundra Fryer Summary Innovative,resourceful, culturally diverse and operationally oriented professional who incorporates developed interpersonal and leadership attributes to produce phenomenal results while working in various work environments with a keen ability to resolve interpersonal conflicts and positively direct group dynamics for optimal achievement. Stren2thsFinders0 Myers-BrinsO • Strategic • Extraversion • Responsibility • Intuition • Ideation • Thinking • Belief • Judging • Connectedness Experience U.S.Army Depot,Corpus Christi(CCAD)Naval Air Station Corpus Christi,Texas (2012—present) Among the top five employers of the Coastal Bend Region: Training Information Administrator: Serves as the subject-matter-expert and primary point providing oversight for the administration of an organizational learning management system. Eqital Employment Manager(Supervisory): Planned,organized, directed, staffed,implemented and evaluated an installation-wide equal employment opportunity program for an organization among the top five Coastal Bend Region employers--ensuring workforce education, complaint processing and effective alternative dispute resolution. Equal Employment Opportunity(EEO) Specialist: Counseled organizational grievances while educating and assisting individuals with disabilities as the Disability Program Manager and Reasonable Accommodation Coordinator. Plans Specialist: Lead efforts supporting military service members consisting of Active Component members,and Reservist on Contingency Operation for Active-Duty Operational Support and Personnel Force Innovation tours. U.S.Army and U.S.Army Reserve Officer(1988—2018) Synopsis of Professional Officer Experience (Second Lieutenant to Colonel): Lead at the tactical, operational,and strategic levels providing vision,direction,planning and training to a diverse group of Soldiers as company,battalion, and brigade-level commander and as Operations and Planning Officer during peace-time,mobilization,peace-keeping operations,and war. Instrumentation Training Analysis Computer Simulations and Support(ITACSS) Joint Multinational Readiness Center(JMRC),Hohenfels, Germany(1994—2012): Military Maneuver Analyst: Supported the Operations Observer Controller/Trainer(OC/T) and the Senior OC/T,who observe and coach at the battalion/task force level for U.S. and multinational forces training for hybrid threat scenarios in a Decisive Action Training Environment at JMRC prior to unit deployments into Kosovo, Iraq, and Afghanistan. Visual Information Specialist:Managed use of a Combat Maneuver Training Center Instrumentation System subsystem and fielded United States Army Europe brigade-level systems and trained users. 1 Samuel Aundra Fryer Cornus Christi City/Community Involvement: Yeshayahu Yeshua(2017—present) Serves a faith-based home congregation consisting of multiple families and singles for Spiritual encouragement,edification,accountability, and support by fostering a biblically-based learning environment that applies truth for obedient living and mature growth in Yeshua Ha'Mashiach (Jesus the Messiah). Leadership Corpus Christi Alumni Association(2018—present) Class YLV graduate. The champion development program of the United Corpus Christi Chamber Foundation,which is a 501(c) (3)supporting organization of the United Corpus Christi Chamber of Commerce with the mission"to empower leaders and entrepreneurs to make a positive impact in Corpus Christi." Served as Steering Committee Member(2019,2020 &2021). Terra Mar Property Owners Association Board, Vice-President(2019—present) Serves as the sole property owner of a board comprised of developers in charge with the fiduciary responsibility and property management oversight and liaise with related committees for six separate neighborhoods in the Oso Bay area. Corpus Christi Metro Ministries Board of Directors(2017—present) Serves as a board member with fiduciary responsibility for a 503(c) (3)non-profit organization that"transforms the lives of thousands of individuals and families in the Coastal Bend by feeding the hungry,sheltering the homeless, and building futures." Nueces County Sheriffs Training Advisory Board(2019—present) Serves as a member of a board of law enforcement officers and civilian citizens that appraise the County Sheriff's training program for Texas Commission on Law Enforcement regulatory requirements. County Citizens Defending Freedom Ambassador(2021 —present) Serves to assist in the empowerment,education,and equipping of American citizenry to stand for freedom, liberty, and the protection of their unalienable rights at the local level. Election Integrity Project(2022—present) Serves as a member of an activist group designed to ensure the integrity of county and state-wide elections for all citizens by fielding polling station judges and clerks and poll watchers;working with the local County Clerk's office;educating the public and ensuring proper voting registration, and working with state legislators and committees during the review and voting on related election bills. Education(Reverse Chronological Order) Joint Forces Staff College,Norfolk,Virginia Advanced Joint Professional Military Education (AJPIYIE) Graduate,2012 Amridge University,Montgomery,Alabama Turner School of Theology Master of Divinity Degree,2009 Graduated Cum Laude(with Honors 3.52 GPA) Semester Hours: 90 2 Samuel Aundra Fryer U.S. Army Command and General Staff School, Grafenw6hr, Germany Intermediate Level Education Common Course (ILE-CC) Graduate,2007 U.S. Army Command and General Staff School, Grafenw6hr, Germany Combined Arms Services and Staff School(CASA) Graduate, 1999 U.S. Army Infantry School,Fort Benning, Georgia Infantry Officer Basic Course (IOAC)/Infantry Officer Advanced Course (IOAC) Graduate, 1989/ 1998 Clemson University. Clemson, South Carolina School of Computer Science Bachelor of Science Degree, 1988 Recipient of 3-year Reserve Officer Training Corps(ROTC) Scholarship Semester Hours: 137 Training&Development: • Leadership Corpus Christi, Class XL V,2017 • Defense Equal Employment Opportunity Management Institute (DEOMI), Disability Program Manager Course, 2016 • DA Equal Employment Opportunity Counselor Training/Certification, 2016, 2004, 1996 • Defense Support to Civilian Authorities Phase I&II, 2013-2014 • Human Resources for Supervisors, 2012 • Supervisor Development Course (SDC), 2021, 2017, 2011 • National Security Pay System (HSPS)Pay Pool Management/Review Board, 2009, 2008 • Defense Equal Employment Opportunity Management Institute (DEOMI)Mediation, 2008 • Equal Employment Opportunity Special Emphasis Program Manager Course, 2005 • Project Management:A Workshop in Planning, Scheduling, and Control Techniques, 1998 Awards Military Awards and Badges Legion of Merit(2018),Bronze Star(2004), 3 Meritorious Service Medals,4 Army Commendation Medals,2 Army Achievement Medals,Army Reserve Component Achievement Medal,2 National Defense Service Medals,Global War on Terrorism Expeditionary Medal,Armed Forces Service Medal,2 Armed Forces Reserve Service Medals with"M" device for mobilization,Army Service Medal,Army Overseas Service Medal, 5 Army Reserve Component Overseas Training Medals,the NATO Medal,Expert Infantryman's Badge, and the Parachutist Badge. Military Scholars Award Amridge University 2009 Who's Who Among Students in American Universities and Colleges Outstanding Merit and Accomplishment(Amridge University) 2009-2010 3 CITY OF CORPUS CHRISTI Submit Date:Oct 18, 2023 Application for a City Board, Commission, Committee or Corporation Profile Janie Gifford First Name Last Name Email Address ■ Street Address Suite or Apt Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 17 Coastal lBend Employment Recruiter Employer Job Title Work Address-Street Address and Suite Number 14493 SPID Suite A Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78418 Janie Gifford i Work Phone 3615855068 Work E-mail address coastalbendemployment@outlook.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? ------------ r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity(Present) Paralegal Studies- Del Mar BAAS in Criminal Justice-TAMUCC 2021 MBA TAMUCC-currently pursuing If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) I am most interested in padre island business and waterfront/beach committees. Why are you interested in serving on a City board, commission or committee? I love my home, I want to see good things happen for it and I want to be a part of its development. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Janie Gifford No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes c' No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A n/a Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Janie Gifford Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter NIA. n/a Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC)Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r Yes r No Janie Gifford i Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes r• No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). r Yes r• No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity(per Chapter 573 Government Code)to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either=disqualified) r Yes r• No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties/interest being paid in installment agreement(2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes c No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1)Was Tax Assessor—Collector at the time r Yes t: No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r• No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No Janie.Gifford (Yk I Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1)the Appraisal District or(2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances,Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Janie Gifford Oath t I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Janie Gifford Janie Gifford 14493 SPID Suite A PMB 343,Corpus Christi,TX 78418 (361)S8S-5068 EDUCATION GULF COAST FLIGHT TRAINING,LLC. • March 2023 Admission • March 2025 Expected Graduation Date TEXAS A&M UNIVERSITY Corpus Christi TX/MBA Candidate • Fall 2022 Admission • Fall 2024 Expected Graduation Date TEXAS A&M UNIVERSITY Corpus Christi TX/BAAS in Criminal Justice • Mechanical Engineering 2 years • Criminal Justice Program COMPLETED Fall 2021 DEL MAR Corpus Christi TX • Accounting 2 years • Paralegal Studies program 2 years COMPLETED INCARNATE WORD ACADEMY Corpus Christi TX • Middle&High school attendance RELEVANT EXPERIENCE Recruiter COASTAL BEND EMPLOYMENT,LLC November 2022-Present • File all formation paperwork and tax information • Create all contracts and rate sheets • Create website,LinkedIn page,Facebook page,Instagram page • Create advertisement letters,stamps,flyers • Manage media and advertisements • Create resume building website portal • Prospect companies and candidates • Gain membership to organizations,maintain professionalism,attend all mixers,luncheons,volunteer events • Create volunteer and drive opportunities to support the community • Create resumes for individuals • Create operational excel sheets to manage expenses,contacts,and all company activity • Conduct interviews,drug testing,background checks • Maintain confidentiality and professionalism towards companies and individuals • Partnering with Del Mar to create social services and charity items for students • Giving talks about career options to students—STVT/Del Mar • Attending job fairs Recruiter(TEMP Position until Fall 2022 MBA Begins) UNIQUE EMPLOYMENT SERVICES December 2021—September 2022 • Interview,background check,and drug test candidates • Advise on skills and how to obtain them • Create resumes • Interface with companies and determine their needs • Write contracts,research financial background of company, determine worker comp code • Marketing and recruiting • Collect time sheets and help with collections • Help resolve issues between clients and employees • Write job descriptions,help determine hourly pay rates • Join organizations to represent company and obtain contracts Temp Paralegal and Accounting Assistant BANDAS LAW FIRM,P.C.November 2021 • Combine 3 attorney's caseloads into one litigation filing system. • File all outstanding paperwork into new litigation filing system. • Create 2020 and 2021 filing system for accounting department,divided into clients and vendors. • File into accounting system and bring current. • Accounting department,verify accounts paid with specific checks. • Accounting,extract all employee transactions and move to separate filing system. Temp Paralegal(Hiring Partner Retired) LAW OFFICES OF BARKER&FANCHER November 2018—December 2018 • E-Filing Documents • Drafting Pleadings and other documents for review • Updating and closing cases • Keeping deadlines and reminding other staff • Court running/document delivery • Secretary duties • Records maintenance Temp Receptionist/Court Runner(Firm Closed,Partner Retired) LAW OFFICES OF GONZALEZ&LOPEZ April 2018—August 2018 • Greeting,scheduling,calling clients • Interacting with District Clerk's office • E-Filing documents • Interacting with,requesting information from Corpus Christi Police Department • Running files/documents to Court and to other firms • Handling and entering all forms of client payment • Clio software familiarity • Opening,updating,and closing client files • Handling all outgoing mail,including large flats,certified mail,and mailing outside the USA • Drafting/assisting with pleadings and other forms • Maintaining office supplies and printers • Assisting tenants and accepting rent checks/payments i • Maintaining office;clean desks,kitchen surfaces,water plants,keep fridge stocked • Interacting with the OAG,filing requests,etc. • Run errands:pick up supplies,food,mail,personal errands to the employers • Archiving files and uploading current cases to online data base Paralegal LAW OFFICES OF TOM GIFFORD April 2016—April 2018 • Typing up dictation in proper form • Greeting clients and taking calls • Managing social networking • Assisting with billing • Technical support • Personal errands • Mailing correspondence • Completing forms for wills and trusts • Pulling forms to create new documents,such as divorces • Interacting with courthouse • Interacting with jails and police officers • Reviewing evidence • Putting case information and forms together • Attending Texas Bar Association Meetings Dispatcher/Project Manager Assistant/Collector/Payroll AC DISTRIBUTION March 3`d,2014—April 1",2016 • Dispatching technicians • Opening, closing,and billing a project • Issuing and receiving material on a purchase order • Payroll entering and processing for 100+employees • Hourly,salary,and piece pay familiarity • Utilizing GPS to verify worked hours • Scanning and filing relevant project documents • Creating work orders for service and warranty calls • Telephone and customer relations experience • Submitting permits to the city and calling for/tracking inspections • HR assistant • Uniform inventory recording • Finding vendors • Handling returned mail • Menial office duties • Quick at learning other duties • Auditing and recording invoices to prevent side work • Collecting on past due invoices • Run credit cards,handle cash and checks • Man the front desk to handle customers and provide counter sale service • Billing customers • Stocking uniforms,returned or destroyed uniform receiving,and maintaining a vendor list Temp Admin Assistant AEP TEXAS December 2013-January 2014 0 Archiving/filing papers,recreating filing system. • Creating,issuing,and completing POs,Returns,Transmissions,Material Requests,and Issues. • Warehouse inventory,counting stock and re-ordering • Phantom facility familiarity,Asset Suite familiarity,and Partials. OTHER EXPERIENCE Temp Hostess(Grand Re-opening/Closed) LEXINGTON BAR AND GRILL March 151,2016—April 15f,2016 • Greeting and seating customers/handling upset customers • Handling cash • Cleaning the restaurant including tables,windows,and bathrooms • Waitstaff duties • Handling alcohol • Overseeing waitresses and deciding which customers they will be working with Restock/FloorAssistance(Summer Hire) OCEAN TREASURES May 2016—October 2016 • Restock merchandise to the floor • Greet and assist customers • Monitor for theft • Help with golf course opening/closing • Empty trash,dry mop floors,clean bathrooms,ensure all doors are locked Hostess/Busboy/Kitchen Prep/Prep cook/Pizza Line/Delivery/Dish ISLAND ITALIAN October 2016—2017(Hurrican Harvey destroyed roof)/January 2019—August 2020 • Seat customers,take care of any customer needs • Manage servers,assist if necessary • Bus and wipe all tables • Run food and alcohol • Handle cash and answer phones • Clean entire seating area at closing • Coordinate events—set up the floor and prep all foods • Kitchen prep-all items • Pizza line—all orders and restock • Delivery • Disher • Receive trucks/place restock orders • Prep all foods—all lines • Special orders Dish Washer/Fry Cook/Prep/Baker/Expo SCUTTLEBUTTS October 2017—February 2018 • Wash all dishes and put away • In-House Bakery line—make all desserts,produce orders,unload delivery trucks • Morning line cook for buffets and kitchen prep—all soups,bacon,breads,etc. • Fry line—make all orders i i • Expo line—finalize all plates,make all salads,keep FOH staff in order on busy days Cashier/Catering(Temp Work/Student) CORNER BAKERY CAFE September 2018—December 2018 • Handle cash • Take orders,expo and run food • Prepare,deliver,and set up catering orders • Prepare and display baked goods • Maintain restaurant(clean surfaces,remove trash,bus) Server/Bartender/Cook COSTA SUR April 2023-Present • Handle cash • Handle alcohol • Seat guests • Take orders,input orders,run food,answer menu questions,specialty food changes • Bus/wipe/set tables and wash all dishes/silverware/polish glassware General Duties DUNKIN DONUTS • Prepare all coffee and donuts prior to opening and remove at closing • Handling cash and drive through orders • Food preparation • Maintaining seating area Assistant 361 MOTORSPORTS April 2013—October 2017 • Replacing brake pads,examining emergency brakes,cleaning intake manifolds,and smoke testing. • Using Dynamometer,operating lift,using cherry picker. • EGR Delete on Dodge Ram 3500. • Paint job for bumper, frame rails,and grill. • Yamaha airbox removal. • 240 sx mounting turbo,replacing water lines,power steering mounting,intake filter upgrade,pipe elbow upgrades,battery cleaning and replacing,rerouting wire,fuel pump replacement,and charcoal canister deletion. • Refilling coolant,power steering fluid,and oil change. • Installing shocks,rotors,and upper control arms 2005 Jeep Rubicon. • Interior removal for Nissan 300zx,pulled engine,pulled turbo,and pulled fuel rails. • Engine work for Audi'95 S6 and 2005 Jeep Rubicon Unlimited. • Attaching/sealing flex duct and assisting with energy rating. • Gutting and replacing exhaust,replacing fuel filters,creating new terminals,coolant rerouting kits. • Build battery bracket and mount battery. • Install turbo,upgrade to higher flow airbox,upgrade electrical to move system in engine bay. • Heat spray,heat wrap,and install headers. • Oil changes 1990 MX-5,2005 Z4M,2003 Trail Blazer, 300 ZX,2005 Rubicon,240 SX. • Clean gutted electrical compartment and install new wiring to connect head unit for audio system. • Dyno events: Little River Dragway,Corpus Christi Heat Wave,Drift Corpus,and Texas Mile 2013. Court Runner LAW OFFICES OF THOMAS GIFFORD June 2009—September 2009 • Menial tasks and office work; cleaning, food pick-up,and organizing. • Answering phones and greeting clients. • Sorting confidential files and handling cash and checks. • Filing papers with the courts and maintaining office records. • Transmitting information or documents by mail and facsimile machine. • Handling cash and checks. • Maintaining office equipment and supplies. Assistant to the DEPTH Coordinator MOUNTAIN VALLEY HEALTH CENTER August 2011—June 2012 • Interacting with and enrolling DEPTH members. • Sorting confidential files and client information. • Filing and retrieving corporate documents,records,and reports. • Compiling information gathered in meetings. • Providing clerical support to the accounting department. • Performing general office duties,such as maintaining records and creating spreadsheets or documents. • Conducting research,compiling data,and preparing papers for upcoming events and consideration by executives,committees,and boards of directors. • Reading and analyzing incoming memos,submissions,and reports to determine their significance to the DEPTH Program. • Wrote an article for the local newspapers about DEPTH. • Promoting DEPTH through fliers,events,emails,phone calls,word of mouth,and member induction. • Closing out and storing files,and submitting final reports. • Accounting for spent monies. • Preparing reports for Tides Board. CERTIFICATIONS Human Resources Training Seminar 2014 • Hiring and interview training. Human Resources Training Seminar 2022 • Interviewing Skills for Supervisors 1/2022 • Handling Employee Complaints 1/2022 • Customer Service Skills 1/2022 AWARDS Photography Vibes Honorary Printed Photography Finalist 2012 • Contest finalist and winner with plaque and published photography. CLUBS AND ORGANIZATIONS Associated Builders and Contractors Volunteer ABC BBQ March 2022 • Sold over$600 in raffle tickets. • Event photos. • Helped with food judging. • Set up/break down. Volunteer ABC Food Drive April 2022 • Run drive at work and collect from friends • Donate food • Break down boxes • Fill and tape boxes • Work at Coastal Bend Food Bank Volunteer ABC Fishing Tournament 2022 • Intake information • Check in guests • Assist with booth • Weigh in for fish Young Professionals of the Coastal Bend Volunteer CCISD Book Drive March 2022 • Collected several boxes of books to help support CCISD. Volunteer CCISD Guest Speaker June 2022 • Spoke to students 13+years old • Discussed education opportunities and how to achieve them • Discussed careers and how to get involved • Discussed other material Volunteer Ronald McDonald House—Toy and Supplies Drive August 2022 • Collected money • Collected clothing,toys,and hygiene necessities Volunteer Spawglass—Clay Shoot CC Gun Club March 2023 • Collected money • Ran games • Set up E i I I • Break Down • Raffle • Sales SELF-STARTED EVENTS Food Drive For Izzy's Pantry at TAMUCC April 2023 • TBD Professional Attire Drive For Izzy's Closet at TAMUCC August 2022 • Collected clothing from the community • Gathered suits,dress shoes,slacks,dresses,and blazers • Over$2000 in donations were made Southern Careers Institute—Presentation to Students Give presentation on interviews/resumes,other employment info • PowerPoint • Interact with students • Give advice and gather resumes MISCELLANEOUS ACTIVITES Volunteer ASPCA Dog Walker June 2009—August 2009 • Leash and walk dogs. • Clean kennels and refresh water bowls. • Groom and wash dogs. Volunteer Beach Clean-up Crew Events 2009—2010/2012—2014 • Pick up trash and dispose into appropriate disposal areas. • Move pallets and glass. Volunteer Bake Sales and Prom fundraisers 2010—2012 • Make bake items and set up bake sale area. • Handle cash and assist customers. • Using tools to create prom sets and canvas local business for donations. • Cleaning and breaking down sets and bake sale areas. Volunteer Neighborhood Clean-ups and Beautifications 2010—2012 • Pick up trash and dispose into appropriate disposal areas. • Pull weeds,clean gutters,sweep street areas. • Creating bus stop seating areas with shade and painting in local high school team colors. • Creating cute painted mascot plaques to hang in public places. • Decorating town for holidays and sports events. Yearbook Photographer and Assistant 2011 • Photograph all activities and events,travel to away games to document events. • Creating pages for yearbook to be proofed by editor. • Canvas local businesses for ad space and donations to fund production. Yearbook Editor in Chief 2012 • Arrange teams of student photographers to document all school events and activities. • Determine which pictures are appropriate for yearbook. • Arrange and proof all pages before publications. • Canvas town and local businesses for ad space and donations to fund production. Volunteer Texas Longboard Surf Club June 2019—2021(Membership current) • Arrange TGSA events—sign in participates and assign shirts. • Meetings and networking to retain and maintain membership. • Assist group leaders. Autocross SCCA Waldron Autocross participant 2014-2017 • Divide into classes and heats based on vehicle. • Drive course as well as possible to qualify your time for the day. • Pick up and arrange cones for other heats and report cones down for total points to deduct. • Pay monthly dues and pass security background check to drive on base. i i LETTERS OF RECOMMENDATION September 1,2022 To Whom it may concern, It's my absolute pleasure to recommend Janie Gifford for your employment. Janie and I were coworkers at Unique Employment for the 7 months that I was employed there. I have since moved on,but have kept in close contact with her. thoroughly enjoyed working with Janie and always admired her positive,upbeat spirit and willingness to learn.Her organization skills and commitment are top-notch and I believe she can do anything she puts her mind to because she fully engulfs herself in any task she is presented with. Her goals and ambitions are an inspiration to others as she continues her journey through life. Her willingness to be part of a team,foster positive discussions,and her dedication were truly admirable.Couple that with her ever-growing intelligence,insights and ideas,and work/life experiences, I believe she would be an asset to any organization that chooses her to be part of their team. Please feel free to contact me at(806)-893-4263 or jaycezunigal6@gmail.com should you like to discuss Janie's qualifications and experience further. I'd be happy to expand on my recommendation. Sincerely, AUP a e 5J lnvantoryCentra16Purchasmy#8179yer billy Pugh CampOy COLLEGE OF LIBERAL ARTS TEXAS A&Nt UNIVERSITY DEPARTMENT OF SOCIAL SCIENCES CORPUS CHRISTI 6300 OCEAN DRIVE,UNir 6626 CORPUS CHRISTI,TEXAS 78412-5626 O 361.8252656-F 361.625.3762 Wendi Pollock Texas A&M University—Corpus Christi Department of Social Sciences 6300 Ocean Drive,Unit 5826 Corpus Christi,TX 78412 December 7,2021 To Whom This May Concern: I am pleased to write this letter of recommendation for Janie Gifford,who is currently applying to your graduate program. I have had the pleasure of knowing Janie for a little over a year.She was a student in my upper-level research methods course at Texas A&M University—Corpus Christi.As a student in the classroom,Janie was engaged and performed well overall.She picked up new tasks quickly and was able to present her results effectively both in written and oral form.She also worked well under the unusual circumstances created by the early stages of the COVID-l9 pandemic and was able to continue her learning process,even in a format that may not have been her first choice. In addition to her work in die classroom,Janie has worked in the field,often in positions that would give her more insight into the courtroom and surrounding processes.She has been a paralegal as well as a receptionist/court runner for several legal fines.As a result,Janie,more than many other undergraduate students that I have taught,may have a clearer sense of the role in the criminal justice system that she is wishing to undertake.As a result of Janie's knowledge of the system,her persistence when it comes to continued learning,her ability to successfully complete difficult new tasks under difficult conditions,and her abilities to communicate both orally and in writing,I highly recommend Janie for your program.If there is anything else I can do to further her application,please do not hesitate to contact me. Sincerely, !,� � L(446 /��jj"BaC�/ Wendi Pollock,Ph.D. Wendi.Pollock6iitamuee.edu 361-825-3061 i i Brittani Ortiz Bandas Law Firm 802 N.Carancahua,Suite 1400 Corpus Christi,TX 78401 November 17,2021 To Whom It May Concern: I am highly recommending Janie Gifford to you.I am a paralegal at Bandas Law Firm and I have worked with Janie in redeveloping our litigation filing system.I believe Janie would be a great asset to the position she applies for. Janie has displayed a very positive and ambitious work ethic with all tasks i did present to her.On top of that,she had excellent organizational skills and was very prompt. I believe that Janie will be a great fit for your business.She was amazing to work with and shows she is very knowledgeable while also has a interest to learn more. Sincerely Brittani Ortiz Paralegal TEXAS A&M UNNEItSITY IRE21 CORPUS CHRIS'T'I To Whom It May Concern: It is my great pleasure to write this recommendation letter to Janie Gifford for her application to law school.Janie Gifford is one of my students at Texas A&M University of Corpus Christi. She took communication theory course with me.I was impressed by her diligence,critical thinking, and exceptional communication skills. I am an assistant professor of Department of Communication and Media at Texas A&M University-Corpus Christi. I have taught communication related courses since 2015.Janie Gifford is one of the most talented students I have worked with. In Communication Theory class,Janie is one of the students who progressed tremendously at the end of the class.At the beginning,Janie was a little bit struggled with her case study idea.With tons of hard work and deep research,at the end of the semester,Janie developed a great piece of final work.I am surprised by her perseverance and determination.Her immense improvement resulted from her hard work and unstoppable spirit. In addition to schoolwork,Janie also has various professional experience. She has been a hiring recruiter for unique employment agency.In addition to that,she also worked as a paralegal for years.Janie is enthusiastic about her work and developing numerous important skills and abilities for her future career.With years of working experience,Janie is excellent at multitasking,planning and communication.To be a good paralegal,she needs to greet clients, take calls,manage social networking,interact with courthouse,jails,and police officers.Her extraordinary multitasking and planning skills made her survive and thrive in her job. Meanwhile,communication is another integral part in her work,an exceptional communication skill made Janie work with various people smoothly and productively. To sum up,Janie is a self-motivated person with great passion on her study and job.With all the above-mentioned remarkable qualities,I believe that Janie Gifford will continue to be,great in her future.I highly recommend her for admission to your program. She is talented,dedicated, hardworking and never stops chasing her dream.Jane's outstanding multitasking abilities, planning and communication skills will also make her a brilliant student in law school.Please feel free to contact me if you have any questions at sining.kong6ijamucc.edtt. Sincerely, S'CG rLl-C. )I in Assistant Profess of Commtuu Department of Communication&Media Texas A&M University-Corpus Christi THE LAW OFFICE OF 41.8 Peoples Street,No.206 STEVE LOPEZ Corpus Christi,Texas 78401 Tel.(361)500-4052 Attorney ar Law,PLLC I StcvC:L'1op':7.}awa-'`"1 " Fax.(361)288-1385 October 13,2021 Attn: Law School Admissions Committee Re: Recommendation for Admission to Law School Janie Gifford Dear Law School Admissions Committee, It is with great pleasure that I recommend Ms. Janie Gifford for admission to your law school. Throughout her employment with my prior law firm, Ms. Gifford has proven to very observant,a quick learner and exhibited professionalism and commitment to her work. Ms. Gifford was initially brought into my office as additional office support with the understanding her responsibilities would be increased after her abilities were demonstrated. Ms. Gifford quickly shined and excelled. Ms. Gifford was entrusted with maintaining client communications, handing sensitive documents and financial information, and keeping the office a welcoming and professional environment for my clients and colleagues. I was most impressed with her inquisitive nature. I took that to be demonstrative of both her attention to detail but also sincere desire to learn. Unfortunately, my prior partner began transitioning to retirement in August of 2018, and I was unable to continue to employ her as our office staff was downsized. I believe Ms.Gifford has the character,work ethic and natural abilities necessary to excel in law school as well as practice. Having Ms. Gifford as a student at your law school will be a credit to your institution. Sincerely, STEVE LOPEZ CITY OF CORPUS CHRISTI Submit Date:Jan 09, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Elizabeth P Gillenwater Prefix First Name Middle Initial Last Name Email Address Street Address Corpus ChristiTX 78418 ----— --- __ ---------- city State Postal Code Primary Phone Alternate Phone What district do you live in? V District 4 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? 42 Administrative support for the Texas A&M University-Corpus Department of Theatre& Christi Administrative Associate IV Dance Employer Job Title Occupation Work Address-Street Address and Suite Number 6300 Ocean Dr, Bay Hall 333 Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78412 Mrs. Elizabeth P Gillenwater Work Phone 3618253077 Work E-mail address elizabeth.gillenwater@tamucc.edu Preferred Mailing Address f� Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity(Present) I am active with the Flour Bluff Youth Football League as one of their At-Large board members (2 of my daughters also cheer for Spring Basketball and Fall Football). I am also very active with activities at TAMUCC. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) [SAC Parks & Rec Advisory Board Transportation Why are you interested in serving on a City board, commission or committee? As a lifelong member of the Corpus Christi community, I would love to contribute to its success and progression by becoming active on a City board, commission or committee. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Mrs. Elizabeth P Gillenwater i No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Mrs. Elizabeth P Gillenwater Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? • At Large Representative who is a City Resident • Person who resides on Mustang Island or who is an employee of a Mustang Island property owner Question applies to TRANSPORTATION ADVISORY COMMISSION The Transportation Advisory Commission must have at least one member who represents the bicycling community. Do you qualify for this category? r Yes r No Verification Mrs. Elizabeth P Gillenwater City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mrs. Elizabeth P Gillenwater CITY OF CORPUS CHRISTI Submit Date:Aug 08, 2023 Application for a City Board, Commission, Committee or Corporation Profile Jackson W Gray First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78413 City State Postal Code Primary Phone Alternate Phone What district do you live in? P District 5 Current resident of the city? r Yes r No If yes, how many years? 6 Gray and_Associates CPA Firm P-roiect-Manager____ Employer Job Title Work Address-Street Address and Suite Number 4205 Ridge View Drive Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78413 Jackson W Gray i Work E-mail address jacksonQa gray.cpa Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) BA in philosophy and pre-law,current MBA candidate, US Army veteran, certified Texas Master Naturalist, VFW volunteer Why are you interested in serving on a City board, commission or committee? I care about Corpus Christi and believe in preserving and uplifting natural spaces for it's citizens Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Jackson W Gray Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r: No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes a No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r•' No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Jackson W Gray Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Jackson W Gray Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which 1 seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. 9 1 Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Jackson W Gray CITY OF CORPUS CHRISTI Submit Date:Jul 28, 2023 Application for a City Board, Commission, Committee or Corporation Profile Jason Kucera First Name Last Name Email Address Street Address Corpus Christi TX 78404 city State Postal Code What district do you live in? V District 2 Current resident of the city? r Yes r No If yes, how many years? 7 Primary Phone Alternate Phone Retired,______ Employer Job Title Work Address-Street Address and Suite Number 3105 Topeka St Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78404 Jason Kucera Work E-mail address kucerajd@gmail.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity(Present) Extensive military education and leadership schools including the Defense Information School;Thomas Edison State University; Del Mar College. Currently operating Prairie Lane Consulting LLC, a media consulting and production company (one-man show); participate in children's schools. Why are you interested in serving on a City board, commission or committee? I am interested in serving on this particular board as my youngest son and I are avid visitors of CC parks. As someone who has lived all around this country and this planet, I have seen a wide variety of communities and parks. CC has been a mixed bag of creativity and quality when it comes to its parks. I would like to be able to contribute my experience and ideals to helping Parks&Recreation achieve greater heights for the children and adults in our community. We have an abundance of natural resources to take advantage of and many,what seem to be, rather simple fixes to the condition of some parks that are in dire need of updates.Additionally, I would like to learn more about the Parks& Recreation department, budget, employees, and what the limits may be. I truly believe I will be a positive contributing member of this advisory board if chosen. ------- ---- Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Jason Kucera No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No Jason Kucera If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Jason Kucera City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. P I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Jason Kucera JASON KUCERA 3105 Topeka St. Corpus Christi,TX (361) 944-1840 LinkedIn SUMMARY OF QUALIFICATIONS U.S.Army Veteran and Communications professional with over 20 years of proven experience using traditional and modern tools to engage audiences,build support,and enhance communication.Has managed large teams of communications professionals in various international locations.Develops and executes media opportunities for local,national,and international news outlets. Served as primary content editor for all internal and external production ensuring multimedia releases correspond with established industry standards and communication campaign strategies. Recipient of multiple awards for outstanding performance and professionalism in the United States Army and Navy. Formed and operates Prairie Lane Consulting LLC,a communications consultancy and production firm specializing in supporting small and veteran-owned businesses. • Leadership/ Supervision • Social Media • Media Relations • Public Speaking • Training and Development • Digital Media • Data Analysis • Policy Implementation • Public Affairs PROFESSIONAL EXPERIENCE Michael E. DeBakey Veterans Affairs Medical Center -Houston,TX June 2022—June 2023 Public Affairs Specialist Generates internal and external public relations content for the main medical center and 11 community clinics throughout Greater Houston region. Serves as Medical Center liaison, facilitator and coordinator to local/national media, congressional staffs,and Veterans service organizations,the community,VA and other governmental officials in the absence of the Communications Director. Manages social media,internal SharePoint,and external website content. • Develops engaging written and video content highlighting facility accomplishments,employee and Veterans achievements and stories for use on social media,website,and newsletters. • Develops and disseminates a wide range of information and data concerning the nature and objectives of Agency programs, employing all types of media,including radio,television,newspaper,magazines,professional and scientific journals,posters,and exhibits. • Establishes and maintains working relationships with the local mass and specialized media representatives and with the specialist interest representatives concerns with Veterans affairs within the geographic area. • Coordinates news media interviews with staff and oversees arrangements with media representatives involving organizational activities. • Initiates Public Affairs correspondence,prepares information packages,plans/conducts tours and other related tasks for special visitors and dignitaries. DRISCOLL CHILDREN'S HOSPITAL- Corpus Christi,TX April 2018—April 2019 Public Relations Manager Led marketing and media relations team for the only freestanding children's hospital in South Texas executing on a robust internal and external communications plan with employees,key stakeholders,state and nationwide leaders within the medical and political communities. • Pitched and placed stories within news media throughout entire Driscoll Health System market across South Texas,including bilingual communities • Managed social media plan,preparing copy for news releases,media advisories and articles;edit writing staffs various products for content placement in magazines and newsletters,regional media markets,and social media outlets • Managed and evaluated news,special events,speaker's bureau,and Driscoll's participation in public events UNITED STATES NAVY—NAS Corpus Christi June 2016—April 2018 Public Affairs Specialist Managed,produced,and edited bi-weekly newspaper publication lVingspan.Developed and contributed to social media campaigns. Responsible for media engagements to include preparing command team for interviews and other engagements. • Executed public affairs program plans designed to inform and educate installation military and civilian employees,as well as the surrounding communities • Assisted the public affairs officer in coordination of the command's strategies.media relations,community relations,internal relations,and management of social media programs • Applied written,oral,and visual communication principles to coordinate public affairs activities,including production of command information products • Executed public affairs emergency response plans during accidents/incidents • Planned,organized,and directed strategic information programs in support of Naval Air Station missions,projects,programs,and commander initiatives • Analyzed trends in internal and external public opinion to determine Public Affairs program needs and to assess impact of proposed Navy activities UNITED STATES ARMY—Various Global Locations August 1996—August 2016 Public Affairs Chief(Sergeant First Class) Managed a team of 12+ public affairs specialists in various international locations. Developed, planned, and executed media opportunities for United States and international news outlets.Facilitated media relations for senior executives,lawyers,decision makers,and staff including 16,000+personnel. • Developed communication strategy in alignment with organization's objectives and mission; organized internal and external coverage of organization's activities highlighting the organization's successes • Managed integrated media program through synchronizing appropriate staff elements, external partner agencies, and content producers;created an integrated social media strategy resulting in a 130%increase in social media viewers • Assisted in the planning and execution of community relations programs to grow and maintain positive public perception through outreach to key influencers and audiences; primary content editor for all in-house production ensuring multimedia releases correspond with established industry standards • Integrated online and social media into division-level organization's strategic communication plan resulting in a 200%increase in viewership of organization's online presence,daily readership and quarterly published magazine reach • Managed a team of broadcast journalists responsible for daily radio news updates to the entire American Forces Network-Korea consisting of a target audience of approximately 100,000 service members,their family members,various U.S.government officials, and a shadow-audience of more than 12 million residents delivering strategic communication, emergency information and entertainment to every American stationed in South Korea. EDUCATION United States Army Senior Leadership Course—2010 Public Affairs&Broadcast Journalism,Defense Information School—2006 Emergency Communications Management Course—2005 Thomas Edison State University B.A.,Communications(90SH complete) AWARDS Russell Egnor Navy Media Award, 117ingspan,Veteran series (print journalism)2016,2017 Meritorious Service tl/ledal Army Commendation Medal(6 Awards) Army Achievement Medal(5 Awards) CAREER HIGHLIGHTS Right On Corpus,Podcast Host,Digital Media&Outreach—2020-present South by Southwest(SXS)N),Pro Media Team,Austin,Texas—2012 HiBall Events,Pro Media Team,Washington,D.C.—2008 Military Media Liaison—Baltimore Orioles,Baltimore,Maryland—2008 CITY OF CORPUS CHRISTI Submit Date:Jan 30,2024 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Elaine Longoria-Carter _- Prefix First Name Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? At least 60 years. Retired/CCISD School Administrator _ - _ Elementary_Principal_------___-___ Employer Job Title Occupation Work Address-Street Address and Suite Number N/A Work Phone N/A Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Mrs. Elaine Longoria-Carter Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity(Present) Graduate of IWA BA Our Lady of the Lake University MS TAMCC LEADERSHIP XII Graduate Recently finished 8 year-service on the Tejas Management Advisory Council. Why are you interested in serving on a City board, commission or committee? As a senior woman, I am interested in studying the present activities offered to seniors to enhance and possibly expand upon them. I believe in the quality of life for seniors is not only important but shows the city's interest and value in attracting and maintaining this age group in our city. I'd love to see programs that will enhance the life and safety of my age group. In addition, I feel inclusion of more seniors is an important factor for the advisory committee to study. I hope I am considered to be a member as I have the time, energy, and interest to serve on this particular committee.Sincerely, Elaine Longoria-Carter Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Mrs. Elaine Longoria-Carter Do you currently serve as an elected official for a non-city public office? r Yes r No i Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Mrs. Elaine Longoria-Carter Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. P I Agree Mrs. Elaine Longoria-Carter Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. IJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Mrs. Elaine Longoria-Carter Elaine Lon oda-Carrtefi 1229 M n caqui al1,4 WIS-4249 PURPM , � -. EDUMM t 72 E7IP iullicE MD POMMM I&a O lvMV,cwf in 074k i a =aa --i8 Wad a ; Om fix— fA . " gam. r r r r r r � r CITY OF CORPUS CHRISTI Submit Date: Dec 06,2023 Application for a City Board, Commission, Committee or Corporation Profile Will Lufburrow First Name Last Name Email Address Street Address Corpus Christi TX 78414 -------------- ---— -- -- _.._----.._.---- City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 4 Goodwill South Texas Chief Opera ting Employer Job Title Work Address-Street Address and Suite (dumber 2961 S Port Ave Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78405 Will Lufburrow Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity(Present) Bachelors of Science Degree for Recreation Parks and Tourism Sciences:Texas A&M University National Outdoor Leadership School Music and Children volunteer at Yorktown Baptist Church Chief Operating Officer-Goodwill South Texas President-Contract Services Inc. Non Profit advocacy at both DC and Austin Capital Why are you interested in serving on a City board, commission or committee? As a lover of the City of Corpus Christi and its public park areas as well as a father of 3 elementary school children, parks are an important part of our life. I want to be involved as not only a voice of one who is active in these public spaces, but also due to my desire to be apart of upkeep, improvements and future plans for the cities parks spaces. I believe public parks to be an integral piece of a growing and thriving community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r: No Do you currently serve as an elected official for a non-city public office? r Yes r No Will Lufburrow Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r-' No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r•` No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Will Lufburrow Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees,appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Will Lufburrow Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Will Lufburrow pp RjjI JI• S11 U i I I N c , W I L L L U F B U R R O W PROFESSIONAL PORTFOLIO r!FF' \ITT'"J 11 �' '� `1C' !� 1v !F A L� r� �� Tl��' ��`>TI �� " ' '' ��-'> El 1 . �L ! it 1 1_ I- �I J�J L`.�. When we look at the challenges today's world brings, we are faced with the reality that a growing gap is separating society.Whether it is a skills gap, income gap, education gap or a gap caused by lack of opportunity, our communities are in more need than ever for leaders who seek to balance business with social change.As we prepare for the next decade, organizations are being tasked with not only a need for healthy financials, but a healthy culture focused . on a social purpose. As a leader, it is becoming increasingly clear that the community that supports , an organization is asking"Why" and "How"? Throughout my career, I have wrestled with these same questions. Is the purpose of business to strictly turn a profit, or is there more that we desire from them?As I have furthered myjourney in leadership, I have embraced a singular ideal: I want to make more than money; I want to make a difference. I have been routinely described as an out of the box thinker, willing to work through ideas in order to foster growth and innovation. My core leadership belief is extremely simple; I want to create a culture that allows individuals to become their best selves. I have never been a subscriber to the theory that leaders should manage by fear, intimidation or micro management but instead I opt to create a culture of collaboration from the top down. In order for ► organizations to grow and change for the upcoming future, innovation and openness to new ideas are more important than ever. It is my belief that one of our keyjobs as leaders is to lead alongside our teams, working together to achieve common goals. As a leader, I will continue to strive in the future to create a culture of inclusion, creativity, and innovation for years to come. WILL LUFBURROW Chief Operating Officer/ President PERSONAL PROFILE: Non - profit executive with over a decade in fund development, executive management, strategic planning, and board relations. CONTACT ME AT: 7510 Cannes Dr. Corpus Christi, TX we 361-739-1417 EDUCATIONAL HISTORY: TEXAS A&M UNIVERSITY Bachelor of Science in Recreation Parks and Tourism Sciences PROFESSIONAL HISTORY: CONTRACT SERVICES INC PRESIDENT - 2022 - PRESENT Head executive for Goodwill affiliated contract employee placement company in South Texas. Responsible for board relations and development, maintaining 75% ratio of employing individuals with disabilities, maintaining documentation and reporting for all funding government agencies. BUSINESS RESULTS • Maintained 75% disability employment rate for fiscal year 2022 through the present. • Placed over 20 individuals with disabilities into meaning contract employment • Received passing audit from Source America, the state set aside agency in charge of funding government contracts. GOODWILL INDUSTRIES OF SOUTH TEXAS CHIEF OPERATING OFFICER - 2019 - PRESENT Senior Officer of one of the fastest growing Goodwill organizations in Texas. Responsible for growing retail operations, fund development, board relations and strategic planning and expanding the reach of our mission impact. Supervise over 800 employees including operational directors, retail directors and managers, logistics directors, information technology directors, and contract employees. BUSINESS RESULTS • Grown annual operating revenue from $20 million in 2019 to $32 million in 2022. Expected revenue for 2023 is $40 million. • Created cost control and profitability metrics in order to stabilize the organization that was experiencing financial difficulty upon my arrival. Results have exceeded goals from a net revenue of $73,000 in 2019 to $4.5 million in 2022. • Worked closely with mission services staff to begin implementing an employee growth program to encourage mission integration within the retail environment. • Implemented play scale increase for entire organization to address starting wages and prepare for potential minimum wage hikes in the future. • Worked with HR staff to create and implement a Diversity, Equity and Inclusion policy, as well as other company policy's to ensure a fair and equitable workplace. GOODWILL INDUSTRIES OF HOUSTON DIRECTOR OF FUND DEVELOPMENT AND SPECIAL PROJECTS - 2015 - 2019 Senior executive for one of the largest non profits in the country. Responsible for the overall growth of donor relations, planned giving, annual financial giving program, fundraising events, and private and public grant acquisition. Worked closely with both the CEO as well as the Board of Directors to ensure a reputable culture of philanthropy both internally and in the community. BUSINESS RESULTS • Cultivated and curated relationships and partnerships with C-Suite donors and foundations in order to secure financial grants and corporate partnerships. • Created planned giving program to secure gifts from wills, bequests and family trusts. • Raised the annual giving budget from $900,000 to over $2 million in 5 years. • Created and launched a new donor management system in order to secure consistent financial support as well as raise potential community partners and major donors. • Planned and executed 3 majors special events per year which raised over $700,000. • Took over and closed the Power of Work capital campaign of $16 million resulting in the purchase of the new Goodwill Houston Corporate Office complex. • Advocated on behalf of Texas non profits and Goodwill annually in Washington DC and the Texas State Capital. GOODWILL INDUSTRIES OF HOUSTON MEDIA AND MARKETING ASSOCIATE/MANAGEMENT TRAINING ASSOCIATE - 2012 - 2015 Associate in charge of creating media content, advertising and PR campaigns, and representing Goodwill in the community. Was chosen to join the management training program to allow for leadership growth. BUSINESS RESULTS • Assisted with PR, Marketing and Communications activities including public speaking engagements, radio and tv interviews, and advertising campaigns. • Worked with a team to refresh, rebrand and launch new branding and marketing campaigns. • Created and maintained Goodwill Houston Social Media presence • Worked with a team to redesign and relaunch Goodwill Houston website. • Created fundraising collateral to help grow funds donated. • As a management training associate, spent time working in each department to better understand roles of each manager. Required to present results to CEO, CFO and Chair of the Board on a quarterly basis. ASSET PLUS CORP ASSISTANT MANAGER - 2010 - 2011 • Managed team of 7 employees in charge of assisting with keeping the property leased. • Oversaw the book and record keeping for specified properties ensuring compliance with corporate policies. • Partnered with corporate managers and marketing team to create marketing and advertising strategies to grow interest in property portfolio. COMMUNITY ENGAGEMENT: • Founding board member of the Outdoor Adventure Club; a non-profit focused on mentorship opportunities for at risk youth through outdoor backpacking activities. • Serve on the Steering Board for the Coastal Bend Young Life Association. • Served and a representative for Goodwill in the Association of Fundraising Professionals. • Selected as a 2018 Business Leader for the Greater Houston Woman's Chamber of Commerce for the 2018 Rising Star Awards. PROFESSIONAL DEVELOPMENT: • Executive Development Program, Goodwill Industries International, 2020 - 2022 -Senior Leaders Program, Goodwill Industries International, 2017 • Rice University Glasscock School of Philanthropy, Planned Giving Course, 2014 • Finance for Non Finance Professionals, Goodwill Industries International, 2014 • Mission Integrated Retail Business Training, Goodwill Industries International, 2014 • National Outdoor Leadership School, PNW Backpacking, 2010 4 s • r «,k' 4r m t � 1' i CITY OF CORPUS CHRISTI Submit Date:Aug 01, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr Audrey L Parmar Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? q District 2 Current resident of the city? r Yes r No If yes, how many years? 41 Primary Phone Alternate Phone ABC pediatrics___________ Pediatrician---,,----- Employer Job Title Work Address-Street Address and Suite Number 3533 S alameda Work Address- City Corpus christi Work Address-State Texas Work Address-Zip Code 78411 Dr Audrey L Parmar Work Phone 361853322 Work E-mail address Aparmar@abcpeds.net Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) MD physician Why are you interested in serving on a City board, commission or committee? Improving city parks for improved access for all children.To help promote safe environments for increased outdoor physical activity to encourage healthier living in our youth and families. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r No Dr Audrey L Parmar Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. Not applicable Board-specific questions (if applicable) Dr Audrey L Parmar Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. W I Agree Dr Audrey L Parmar Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi,and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dr Audrey L Parmar CITY OF CORPUS CHRISTI Submit Date: Mar 27, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mr. RUDYTEJANO PENA ------- - ------__---------------- ----_..._.----- Prefix First Name Last Name Email Address Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? V District 2 Current resident of the city? r Yes r No If yes, how many years? 54 Primary Phone Alternate Phone Retired -- N/A ------ --------- --- Employer Job Title Work Address-Street Address and Suite Number 4213 Clinton Dr. Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78412 Mr. RUDYTEJANO PENA Work Phone N/A Work E-mail address N/A Preferred Mailing Address P Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Corpus Christi N/A Education, Professional and/or Community Activity(Present) College, University Graduate United States Navy Retired If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Corpus Christi I wish to contribute my services to my city and it's citizens. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Mr. RUDYTEJANO PENA No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A Corpus Christi N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Mr. RUDYTEJANO PENA Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. Corpus Christi N/A Board-specific questions (if applicable) Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Mr. RUDYTEJANO PENA i i City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr. RUDYTEJANO PENA t _ it t - i M k e�'kU c* " CITY OF CORPUS CHRISTI Submit Date:Jan 12, 2024 Application for a City Board, Commission, Committee or Corporation Profile Michael L. Rittgers First Name Middle Initial last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? PF District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 70 Retired __. Fire Captain_ Firefighter____ Employer Job Title Occupation Work Address-Street Address and Suite Number Retired Work Address-City Corpus Christi Work Address- State Texas Preferred Mailing Address W Home/Primary Address Michael L. Rittgers i Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No z ' Education, Professional and/or Community Activity(Present) i i King High School Graduate-1971 48 hrs toward a Fire Science Degree- Del Mar If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks& Rec Why are you interested in serving on a City board, commission or committee? Interested in Community involvement Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Michael L. Rittgers i i Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Michael L. Rittgers I i E E� t E Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Michael L. Rittgers r s Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for ' appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Michael L. Rittgers I CITY OF CORPUS CHRISTI Submit Date: Mar 18, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ms Eloisa Rodriguez Prefix First Name Last Name Email Address Street Address Corpus Christi TX 78416 City State Postal Code What district do you live in? W District 3 Current resident of the city? r Yes r No If yes, how many years? 42 Primary Phone Alternate Phone Kastle Assets Community__Manager_—_ _ ---- -- Employer Job Title Work Address-Street Address and Suite Number 9320 Work Address-City South Padre Island Drive Work Address-State Texas Work Address-Zip Code 78416 Ms Eloisa Rodriguez Work Phone 3615496595 Work E-mail address Manager@watersedgetexas.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently serve as a co-chair on the Corpus Christi Apartment Association Community Relations Committee. Education, Professional and/or Community Activity(Present) Community Relations Co-chair Member If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Recreation Landmark Commission CCRTA Why are you interested in serving on a City board, commission or committee? I'm interested and feel a strong responsibility to contribute in the revitalization, preservation, and beautification of our city. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Ms Eloisa Rodriguez No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Ms Eloisa Rodriguez Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter*residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r• Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") I would do so by making sure all of the people that are without transportation are afforded the same opportunities as far as assisting with medical,educational,and basic needs so that each are helped fairly and consistently. Question applies to LANDMARK COMMISSION The Landmark Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W At-Large Ms Eloisa Rodriguez i I Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement- Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Ms Eloisa Rodriguez i i i Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ms Eloisa Rodriguez 1706 Hudson St, Corpus Christi, TX 78416 • 361.548.6595 To obtain a community manager position, in which I am given the opportunity to play a direct role in unlimited growth and success of a solid organization. EXPERIENCE NOVEMBER 2019 - CURRENT COMMUNITY MANAGER, KASTLE ASSETS Oversee 250 units. utilizing various types of marketing to Push occupancy, as well as working to keep those on notice, decreased work order count from 330- 28, restructured our team to better fit the needs of the Community and ownership, monitor performance and oversee cross training, facilitate work and pricing with contactors in order to stay at or under budget, enter payables and payroll, lead weekly staff meetings to review operational needs and determine strategies, Currently studying for caps certification in June 2023. OCTOBER 2017 - SEPTEMBER 2019 COMMUNITY MANAGER, EUREKA MULTIFAMILY GROUP Ensured adherence to all policies regarding financial responsibilities, delinquency below 2%, consistently attempted to collect bad debt prior to being written off, oversaw make readies and make ready processes, conducted move Out inspections and processed final account statements, in charge of payables, approved invoices and reconciled statements, set Lip vendor/contractor accounts, assisted leasing in touring community, maintaining occupancy and outreach marketing. Oversaw 783 units. Responsible for tenant retention. Increased occupancy from 62%-87%, Recruited, hired, and supervised personnel, monitored performance and oversaw training, conducted property inspections, verified and approved payables and payroll, lead weekly staff meetings to review operational needs and determine strategies, reviewed market studies in order to maintain competitive, received community manager of the year award in 2018 and my team received Outstanding community team in 2018 as well. EDUCATION 2003-2005 DEL MAR COLLEGE Worked towards associate degrees including elementary education and liberal a its 1999 DIPLOMA, RICHARD KING HIGH SCHOOL SKILLS Proficiency in Onesite, AMSI, and ® Bilingual English & Spanish Blue Moon Ability to operate under pressure Proficiency in Microsoft Word, Outlook and Excel Software • Currently Co-Chair on the Community Relations Board for the Corpus Christi Apartment Association Voted Community Manager of the References available upon request Year 2018 & 2021 by the Corpus Christi Apartment Association 2 CITY OF CORPUS CHRISTI Submit Date: Mar 07, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dianne Smitson --------- _ - ------- - ---------- --------------- First Name Last Name Email Address Street Address Corpus Christi TX 78418 --- - -- -- - -- - --- ---- - ----- ---- --- - --------------- - ------- City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 14 Primary Phone Alternate Phone Smitson-Consu-Itin_g Healthcare consultant___ Employer Job Title Work Address- Street Address and Suite Number 15921 Punta Espada Loop Work Address- City Corpus Christi Work Address- State TX Work Address-Zip Code 78418 Dianne Smitson Work Phone 3159357135 Work E-mail address domitson16@gmaiioom � Which Boards would you Uho to apply for? PARKSAND RECREATION ADVISORY COMMITTEE: Submitted Interests @Experiences Are you a registered voter? r Yes No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Premamt) RNmmstempnapamd- mctiveTnxao|iuonoum If you applied for rnu|dp|m boards, which boards are you most interested in serving on, in order ofpreference? (Limit totop three) Convention Visitors bureau Senior board Why are you interested in serving on n City board, commission or committee? Civic involvement and interest in seeing growth and development in the downtown area � Upload"Resume Are you anex-Officio member ofeCity Board, commission prcommittee? r Yes F No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? F Yeo r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A NA Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Dianne Smitson If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. Na Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention &Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to SENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W At Large Verification Dianne Smitson City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances,Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi,and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dianne Smitson i DIANNE SMITSON MHA, RN, ACM-RN, LN C0921 Punta Espada Loop orpus Christi, TX 78418 (c): (315) 935-7135 PROFESSIONAL SUMMARY Vision-driven professional with career-long record of healthcare operations, process improvement, and relationship management success for leading systems, academic medical centers, and community hospitals Proven talent for addressing clients' challenges and opportunities, delivering sustainable measurable results while achieving maximum operational impacts. Growth-focused leader with expertise spanning priority and time management, risk management, consulting, customized solutions, client re-engagement and relationship management, regulatory compliance, revenue cycle improvement, research and analysis, training, performance assessment, and project management. Dedicated professional with keen interpersonal, communication, and organizational skills, as well as budget management, policy management, and resource allocation expertise. PROFESSIONALEXPERIENCE MOBILE ESCAPE ROOM LLC DBA ALL TEXAS ENTERTAINMENT 2018 TO PRESENT MOBILE ENTERTAINMENT SERVING ALL OF TEXAS -OPERATING FROM SAN ANTONIO AND CORPUS CHRISTI -MOBILE AXE THROWING, MOBILE ESCAPE ROOMS, GELLY BALL, ARCHERY TAG, BUBBLE BLAST OFF FOAM , PHOTO BOOTH, INTERACTIVE GAMES SMITSON CONSULTING ,NOVEMBER 2020 TO PRESENT PRINCIPAL CONSULTANT INTERIM DIRECTOR CASE MANAGEMENT UPLAND, PENNSYLVANIA MAY 1922- PRESENT Management oversight of Case Management, Social Work and Utilization Management • Triad Model o Two management FTEs, 55 FTE's o Inpatient case management, Social Work, Emergency Department support for UM, Social Work and one FTE Behavioral Health Social Worker • Implemented Complex Care Social Work position to lead the oversight of patients with LOS>10 days over GMLOS and Long Stay Observation patients with challenging social and medical presentations • Designed and Implemented a Hospitalist/Case Management Communication utilizing Teams to provide unit-based communication • Redefined Outlier review process to focus on maximum use of time, resource and outcomes • Redesigned Observation process and scripting to improve outcomes • Redefined and prioritized workflows for all positions including leadership • Designed and implemented unit-based metrics and provided monthly education to staff on trending metrics • Redesigned unit-based rounding for management to improve communication and eliminate barriers to discharge • Chief of Medicine and Hospitalist collaboration to improve communication and outcomes • Designed process to decrease behavioral health holds in the Emergency Department and increase throughput DIANNE SMITSON MHA, RN, ACM-RN Page 2 ENGAGEMENT AT LARGE TERTIARY MEDICAL CENTER IN LOS ANGELES AREA Case Management Departmental redesign implementation transitioning to triad model • Implementation of a care coordination model across all points of entry o Transfer center, procedure areas, ED o Assessing the processes for appropriateness of care • Redesigned and implemented the role delineation and responsibilities for all staff and management levels • Implemented orientation and competency program based on Donna Wright model; introduced collaboration with nursing department alignment • Redefined Outlier review process to focus on maximum use of time, resource and outcomes • Redefined roles and responsibilities between care coordinators /managers, social workers, nursing and physicians • Implemented a unit based, payor blind care management assignment model which addresses the needs of all patients • Redefined and prioritized workflows for all positions including leadership • Developed schedules for key care management functions seven days/week and expanded weekend coverage to volume • Designed and implemented metric standards and reporting structure • Developed Preferred Provider Quarterly meeting structure • Implemented a centralized workflow for support staff to improve productivity and efficiency IBM WATSON HEALTH/TRUVEN HEALTH ANALYTICS, NEW YORK,JULY 2012 TO SEPTEMBER 2020 SENIOR PRINCIPAL CONSULTING MANAGER Spearheaded multiple, large multidisciplinary consulting engagements simultaneously, including Top 50 and Top 100 Operational, Clinical, Performance Improvement and Productivity projects (e.g. Mortality, Length of Stay, HCAPHS, Cost of Care, Complications, Patient Safety Indicators, Care Coordination, Quality, Case Management). System and independent hospital assessments to improve Quality, Financial and Operational Improvement. • Led project teams of more than 100 members • IBM Watson Health Subject Matter Expert for Care Coordination Community Health Needs Assessments completed for multi-state and major health systems • Recruit, train, and manage new hires, redesigning presentations to drive project and team effectiveness and establishing a team structure to ensure compliance and sustainability. Mobilize clinical performance improvement teams in optimizing total joint, heart failure, and surgical initiatives, as well as surgical/ED redesign. Advise and strengthen relationships with clients, ensuring a high percentage of re- engagement, by assessing their needs, answering questions and resolving concerns, and customizing solutions. GULF COAST MEDICAL CENTER, WHARTON, TX,JANUARY 2010 TO JUNE 2012 CHIEF NURSING EXECUTIVE Overhauled the existing departmental organization and workflows to maximize staffing productivity, implementing best practices for quality initiatives and improving HCAHPS and ED patient satisfaction scores; boosted the former score from 531d to 78th percentile and the latter from 22"d to 8611, improving categories 12 - 68% in one year. Administered daily operations for all clinical areas, including contract negotiations, policies, forms, nursing documentation, etc. DIANNE SMITSON MHA, RN, ACM-RN Page 3 • Revamped the Emergency Department and Women's Services, implementing best practice initiatives, including ED triage, AMI and stroke, Level 3 Stroke Center, 39-week induction, and APS clinical training. • Established the Clinical Coordinators role and orientation program, as well as the Nursing Clinical Ladder program to improve recruitment of highly qualified RNs. Clinical coordinators provided a leadership role to the Directors and Managers improving 24/7 responsibility. • Managed opening operations for an 18-bed inpatient Behavioral Health Unit, an outpatient Wound Care Center, Hyperbaric Chambers, and an outpatient Geriatric Psychiatric SOP unit. SOUTH TEXAS SURGICAL HOSPITAL, CORPUS CHRISTI, TX,JUNE 2009 TO DECEMBER 2009 CHIEF NURSING EXECUTIVE • Oversaw all clinical operations (e.g. Laboratory, Radiology, Physical Therapy, Respiratory) for the Coastal Bend Surgical Center presently performing 1000 surgical cases per month, including managing contract negotiations, policies, and forms and implementing Meditech. • Ensured CMS compliance of the ambulatory surgery center, preparing for Joint Commission Accreditation in November 2009. • Developed and oversaw all clinical contract origination and execution. A.L. LEE MEMORIAL HOSPITAL, FULTON, NY,JANUARY 2008 To MAY 2009 CHIEF NURSING EXECUTIVE Transitioned the organization to an Urgent Care and Diagnostic and Treatment Center through Chapter 11 filing and closure, including developing a closure plan, restructuring financial processes to accommodate shifting volumes/consensus, administering nursing functions, and liquidating assets. • Decreased overtime costs and reliance on agency staffing by 95% in eight weeks, saving $100K/month. • Improved Medical-Surgical nursing department productivity from 61% to 100% and ED productivity from 85% to 100% by implementing on-line surgical scheduling. SELF-EMPLOYED, VARIOUS U.S LOCATIONS,JUNE 2002 TO DECEMBER 2008 INDEPENDENT HEALTHCARE MANAGEMENT CONSULTANT /INTERIM SUPPORT Evaluated and implemented outpatient and inpatient EMR systems, facilitating system construction, financial, pediatric perioperative, and risk management assessments. Risk Management departmental re-organization. Departmental review and support for system legal counsel. • Consulted with clients on JCAHO readiness, preparation, and survey support. • Assessed a new multi-physician pediatric practice. • Analyzed processes and systems through financial and to identify inefficiencies and design improvements, improving the Quality of Care for healthcare facilities nationwide. INovA HOSPITAL, ALEXANDRIA, VA, NURSING DIRECTOR HIGH RISK LABOR AND DELIVERY (INTERIM) • Piloted FTE assessment and staffing realignment, decreasing RN travelers by 90% in six months and RN vacancy from 40% to 1%. • Organized the Perinatal Safety Initiative to improve divisional safety culture, resulting in 365+ days without a significant patient safety event. • Created a staffing plan to manage patient volume by increasing scheduled procedures/surgical block times which improved block time utilization and improved physician relations. Executed the GE Centricity QS migration from a freestanding system to a network environment, allowing for remote access for physicians and mid-level providers. E&C MEDICAL INTELLIGENCE, NEW YORK, NY, OCTOBER 2006 TO JULY 2008 CLINICAL ACCOUNT MANAGER DIANNE SMITSON MHA, RN, ACM-RN Page 4 Enhanced risk management and decision support processes for inpatient and outpatient obstetrical and newborn departments by assessing clinical operations and recommending improvements. • Designed and implemented EMR integration plans and strategies to realize ROI (hard and soft dollar benefits) for large inpatient implementations, Banner Healthcare systems, and outpatient clinics. • Investigated the impact of new IT products upon application system architecture and maintained application system architecture for the enterprise. HEALTH ALLIANCE OF CNY HEALTH SYSTEM, SYRACUSE, NY, NOVEMBER 2000 TO 2002 YEAR DIRECTOR OF PHYSICIAN SERVICES/NURSING RECRUITMENT AND RETENTION SPECIALIST RHD MEDICAL CENTER, DALLAS, TX,JULY 1999 TO SEPTEMBER 2000 DIRECTOR OF WOMEN'S AND INFANT SERVICES NORTHWESTERN HOSPITAL MEDICAL CENTER, NOVEMBER 1985 TO JUNE 1999 MANAGER OF WOMEN'S AND INFANT SERVICES/MANAGER OF LABOR AND DELIVERY EDUCATION AND CREDENTIALS LEGAL NURSE CONSULTING COURSE 2020 INCARNATE WORD UNIVERSITY, SAN ANTONIO, TX AMERICAN CASE MANAGER ASSOCIATION CERTIFICATION 2015 ACMA, Little Rock MASTER OF HEALTHCARE ADMINISTRATION. (MHA.) 2006 Bellevue University, Bellevue, NE Emphasis: Leadership BACHELOR OF SCIENCE (B.Sc.) IN HEALTHCARE ADMINISTRATION, 1989 Governors State University, University Park, IL REGISTERED PROFESSIONAL NURSE.(R.N.) 1982 Charity Hospital School of Nursing, New Orleans, LA PROFESSIONAL AFFILIATIONS • American Association Legal Nurse Consultants (AALNC) • American College of Healthcare Executives (ACHE) • American Case Management Association (ACMA), National Chairperson (2018 - 2020) ADDITIONAL INFORMATION Languages: English, Spanish (studying) Technical Proficiencies: Microsoft Office Suite, Windows, Mac OS, IBM Al Cloud design, Microsoft Exchange, Microsoft Project, A Interests: Boating, travel, volunteer with local women's shelter, Texas voter registration agent DIANNE SMITSON MHA, RN, ACM-RN Page 5 References available upon request CITY OF CORPUS CHRISTI Submit Date: Mar 12, 2023 Application for a City Board, Commission, Committee or Corporation Profile Terri Thompson First Name Last Name Email Address Street Address Corpus ChristiTX 78412 _ — ------ --- _--- ------- ---- -- ------._--- City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 54 Primary Phone Alternate Phone Director of Catering and Holiday Inn Downtown Marina___ Convention_Services _ Employer Job Title Work Address-Street Address and Suite Number 707 N Shoreline Blvd Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78401 Terri Thompson Work Phone 3614525127 Work E-mail address terri.Thompson@himarina.com Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/a Why are you interested in serving on a City board, commission or committee? To serve our city, affect change and be a part of the great works coming to fruition. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/a Demographics Terri Thompson Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NG" to all questions above, please enter N/A. N/a Board-specific questions (if applicable) .Terri Thompson Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. q I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Terri Thompson Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Terri Thompson CITY OF CORPUS CHRISTI Submit Date:Jul 26,2023 Application for a City Board, Commission, Committee or Corporation Profile LAWRENCE A. VERA _._. _ _--___-_-_– — First Name Middle Initial Last Name Email Address Street Address CORPUS CHRISTI TX 78413 City State Postal Code What district do you live in? q District 3 Current resident of the city? r• Yes r No If yes, how many years? 64 Primary Phone Alternate Phone FORESIGHT GOLF-LOZANO GOLF CENTER/OSO BEACH GOLF COURSE GENERALMANAGER Employer Job Title Work Address-Street Address and Suite Number 5601 S.ALAMEDA Work Address- City CORPUS CHRISTI Work Address-State TEXAS Work Address-Zip Code 78412 LAWRENCE A. VERA Work Phone 361-826-8010 Work E-mail address LAWRENCEV@FORESIGHTGOLF.NET Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity(Present) TEXAS A&M-KINGSVILLE LEADERSHIP CLASS 36 COASTAL BEND RESTAURANT ASSOCIATION BOARD SAMLL BUSINESS OWNER-ONCE UPON A CHILD Why are you interested in serving on a City board, commission or committee? I AM PASSIONATE ABOUT THE GROWTH OF COMMUNITY ACTIVITY IN OUR CITY. I BELIEVE THAT I HAVE A GREAT DEAL OF ENTHUSIASM THAT MIGHT HELP THE TEAM GROW LOCAL AS WELL AS TOURIST ACTIVITY TO OUR LOCAL AMMENITIES. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r•' No Do you currently serve as an elected official for a non-city public office? --------------- r Yes r• No LAWRENCE A. VERA Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) LAWRENCE A. VERA Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree LAWRENCE A. VERA Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree LAWRENCE A. VERA CITY OF CORPUS CHRISTI Submit Date: Feb 15,2023 Application for a City Board, Commission, Committee or Corporation Profile Mikell West First Name Last Name Email Address Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? W District 3 Current resident of the city? r• Yes r No If yes, how many years? 31 Primary Phone Alternate Phone Bandas Law Firm, PC _ Attorney__ Employer Job Title Work Address-Street Address and Suite Number 802 N. Carancahua, Suite 1400 Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78401 Mikell West Work Phone 361-698-5200 Work E-mail address mwest@bandaslawfirm.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Degrees in Political Science and Law. Practicing attorney in Corpus Christi since 2009. My wife and I were foster parents from 2016 to 2019 when we adopted two of our placements. I am a member of the Knights of Columbus charitable organization. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Commission on Children&Youth;2. Convention &Visitors Bureau;3. Parks and Recreation Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi and my wife and I have 6 kids who are growing up here and I'd like to see what we can do to help the community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Mikell West No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender 9 Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Mikell West Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. I do not actively represent any person or organization in a claim or lawsuit involving the city, but other members of the law firm at which I work might. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? V Legal Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention &Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children &Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? V Adult At-Large Mikell West Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mikell West Mikell West 802 N. Carancahua, Suite 1400, Corpus Christi, Texas 78401 (361) 698-5200 PROFESSIONAL LICENSES State Bar of Texas,May 2009 U.S. District Court, Southern District of Texas,November 2012 U.S. District Court,Western District of Texas, May 2017 U.S. District Court,Eastern District of Texas, December 2017 United States Court of Appeals for the Fifth Circuit,March 2021 United States Court of Appeals for the Ninth Circuit,January 2023 LEGAL EXPERIENCE Bandas Law Firm,P.C., Corpus Christi, Texas, Managing Attorney: June 2022-present;Attorney: June 2020-present Gault, Nye& Quintana,LLP, Corpus Christi, Texas, Partner: 2017-June 2020; Senior Associate: 2015 —2016;Associate: May 2011- 2014; Contract Attorney: January 2010-April 2011 Vidaurri, Lyde, Gault, & Quintana, LLP, Corpus Christi, Texas Contract Attorney: November 2009-December 2009;Legal Clerk: October 2009 United States Court of Appeals for the Fifth Circuit, San Antonio, Texas Intern for Judge Emilio Garza: Fall 2007 St. Mary's University School of Law, San Antonio, Texas Teaching Assistant for Legal Research and Writing class: Fall 2007, Spring 2009 45th District Court, San Antonio, Bexar County, Texas Intern for Judge Barbara Nellermoe: Summer 2007 PROFESSIONAL ASSOCIATIONS American Association for Justice Texas Trial Lawyers Association State Bar of Texas Corpus Christi Bar Association Litigation Section Texas Aggie Bar Association Insurance Section Computer&Technology Section EDUCATION St. Mary's University School of Law, San Antonio, Texas Juris Doctor, May 2009 Texas A&M University, College Station, Texas Bachelor of Science, May 2006 PROFESSIONAL ACCOLADES Bend Magazine—Top Attorneys—Personal Injury, 2022 National Trial Lawyers—Top 100 Million Dollar Advocates Forum- Member COMMUNITY INVOLVEMENT Corpus Christi Area High School Mock Trial,Advisor 2019-2020 St. John Paul II High School Team Corpus Christi Area High School Mock Trial, Judge 2010-2022 Knights of Columbus Texas State Council Legal Affairs Committee 2013-present Diocesan Deputy—Diocese of Corpus Christi, Texas 2014-16 District Deputy,District 140—Corpus Christi, Texas 2012-14 Grand Knight, Council 1202—Corpus Christi, Texas 2011-12 Foster Parent 2016-2019 CITY OF CORPUS CHRISTI Submit Date: Dec 12, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr. George W Woods III Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Corpus Christi _ TX_ 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? 9 District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 35 Del Mar College,Texas A&M University-Corpus ChristiAssistant Professor,Adjunct____ Employer Job Title Work Address-Street Address and Suite Number 101 Baldwin Blvd, Room 128 Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78404 Dr. George W Woods III Work Phone 361-698-2365 Work E-mail address gwoods3@delmar.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other City board. Dr. George W Woods III Education, Professional and/or Community Activity(Present) Ed. D. Educational Leadership,Texas A&M University-Corpus Christi (2020) M.S. Educational Administration,Texas A&M University-Corpus Christi (2015) M.S. Secondary Education,Texas A&M University-Corpus Christi (2014) M.S. Kinesiology,Texas A&M University-Corpus Christi (2012) B.S. Kinesiology, Texas A&M University-Corpus Christi (2010) Assistant Professor—Del Mar College (August 2022—present). My duties include teaching 5 courses per semester in the College of Education and Kinesiology. Health and Physical Education Specialist- Department of Curriculum & Instruction, Corpus Christi Independent School District (June 2020 to August 2022) My duties included coordinating state and local physical fitness assessments for 34,000 students, acting as the coordinator for the Corpus Christi ISD (CCISD) School Health Advisory Council (SHAC), coordinating the CPR training graduation requirement for CCISD seniors, and managing the off-campus PE equivalent. I am responsible for collaborating with community partners to broaden and enrich health,wellness, and physical education curriculum. Additionally, I am responsible for creating and organizing professional development for over 140 physical education teachers.Adjunct Instructor, Department of Kinesiology,Texas A&M University— Corpus Christi (September 2012 to present). For the past ten years, I have taught content-specific courses for the all-level physical education teacher certification (Elementary Physical Education Methods KINE 3339,Secondary Physical Education Methods KINE 3341, and Re-Inventing Games KINE 2317). 1 have also taught numerous exercise science courses related to personal training. Physical Education Teacher:Woodlawn Elementary School, Corpus Christi Independent School District(September 2014 to September 2020). 1 taught TEKS-aligned lessons in health and physical education. I was also the campus running club sponsor, safety patrol sponsor,Woodlawn pride sponsor, coordinated school health chair, Destination Imagination Sponsor,and Jazzy Jaguar Sponsor. In each of these responsibilities, I made sure my students felt comfortable and ready to learn in my classes and during activities. Parks and Recreation Specialist, Content Specialist Coach, City of Corpus Christi, summers only(May 2007— August 2014). My responsibilities during my time with CC Parks and Recreation varied over time. I coached students during my first three summers with Parks and Recreation. My duties as a coach included creating fun daily activities for the students, organizing field trips, serving lunch, and organizing the last-day party.As a content specialist, I would travel to all recreation sites (Oak Park Recreation, Coles Recreation, Lindell Recreation,Joe Garza Recreation, Ben Garza Recreation, and Oso Recreation) to teach science-specific lessons to the students.These lessons also included experiments that we would do together. I also provided cardiovascular and exercise resistance-based activities at these different sites. Committee and Board Involvement•Texas Transfer Advisory Committee(TTAC)—First Disciple- Specific Subcommittee on Education (2023-present) •Texas Association of Health, Physical Education, Recreation and Dance (TAHPERD) Co-Chair for Hospitality(2022-2023) • Hospitality Chair for the 99th TAHPERD Convention (2022-present) •TAHPERD Member(2021-present) • Corpus Christi ISD SHAC Coordinator(2020-2022) •Teacher Incentive Allotment Committee(2020-2022) •Teacher Educator Advisory Committee (2020-present) • Better Living for Texans Committee (2020-2022) • UTHealth Research Practice and SPAN Engagement Committee (2019-2022) •Council on Alcohol and Drug Abuse- (2019-present) • Health and Wellness Coalition (2018-2020) (Sunset) •Youth Continuum of Care Coalition (2018-present) •Texas Healthy Communities Coalition (2017-2019) • Physical Activity Mayor's Fitness Council (2017-2019) (Sunset) •Corpus Christi ISD Wellness Plan Committee(2016-2020) Expanded Food and Nutrition Education Program (FNEP)Advisory Committee (2016-2022) •Corpus Christi ISD SHAC Member(2015-2020,2022-present) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) This is the only board I applied for. Dr. George W Woods III Why are you interested in serving on a City board, commission or committee? I have been interested in giving back to my community by serving on boards or committees, as you can see from my Education, Professional, and Community Activity box. I believe that it's essential for community members to actively participate in governance by volunteering their time to serve on boards and attend council meetings. My background is in Kinesiology and Education. I enjoyed serving on the Mayor's Fitness Council while it was active. Recently, I applied to be a member of the Texas School Health Advisory Council (TSHAC) and was chosen as an alternate member.This experience sparked my interest in researching board vacancies in the city that interested me.As a result, I applied for a position on this board. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r•' No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Dr. George W Woods III Do you, your spouse,your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r~ Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. ------------- N/A Board-specific questions (if applicable) Dr. George W Woods III Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dr. GeorgeW Woods III CURRICULUM VITAE George Walter Woods III, Ed. D. Assistant Professor Del Mar College Adjunct Texas A&M University—Corpus Christi ACADEMIC BACKGROUND Ed. D. Educational Leadership, Texas A&M University-Corpus Christi (2020) Dissertation Title: Examining the impact of physical activity time on physical fitness and academic achievement among 3'graders Advisers: Lynn Hemmer,Associate Professor of Educational Leadership Kamiar Kouzekanani, Professor of Research Methods and Statistics Don Melrose, Professor and Chair of the Department of Kinesiology M.S. Educational Administration, Texas A&M University- Corpus Christi (2015) M.S. Secondary Education, Texas A&M University- Corpus Christi (2014) M.S. Kinesiology,Texas A&M University- Corpus Christi (2012) B.S. Kinesiology, Texas A&M University- Corpus Christi (2010) CURRENT APPOINTMENT Assistant Professor—Del Mar College (August 2022—present) My duties include teaching 5 courses per semester in the College of Education and Kinesiology. Health and Physical Education Specialist-Department of Curriculum &Instruction, Corpus Christi Independent School District (June 2020 to August 2022) My duties included coordinating state and local physical fitness assessments for 34,000 students, acting as the coordinator for the Corpus Christi ISD (CCISD) School Health Advisory Council (SHAG), coordinating the CPR training graduation requirement for CCISD seniors, and managing the off-campus PE equivalent. I am responsible for collaborating with community partners to broaden and enrich health, wellness, and physical education curriculum.Additionally, I am responsible for creating and organizing professional development for over 140 physical education teachers. Adjunct Instructor, Department of Kinesiology,Texas A&M University—Corpus Christi (September 2012 to present). I have taught content-specific courses for the all-level physical education teacher certification (Elementary Physical Education Methods KINE 3339, Secondary Physical Education Methods KINE 3341, and Re-Inventing Games KINE 2317) for the past 10 years. I have also taught numerous exercise science courses related to personal training PREVIOUS APPOINTMENT Physical Education Teacher: Woodlawn Elementary School, Corpus Christi Independent School District (September 2014 to September 2020) Duties: I taught TEKS-aligned lessons in health and physical education. I was also the campus running club sponsor, safety patrol sponsor,Woodlawn pride sponsor, coordinated school health chair, Destination Imagination Sponsor, and Jazzy Jaguar Sponsor. In each of these responsibilities, it was my job to make sure my students felt comfortable and ready to learn in my classes and during activities. Research and Teaching Assistant, Department of Kinesiology, Texas A&M University- Corpus Christi (September 2010 to August 2012) During this time I taught Motor Development classes at the undergraduate (KINE 3338) and graduate (KINE 5338)level with Dr.Alison Murray as well as Biomechanics Lab (KINE 4127) and Exercise Physiology Lab (KINE 3112). Congruently, I worked with Dr. Murray on a research project in a local public school system. We were in 10 different schools, 5 elementary and 5 middle schools for 2 years. We took Fitnessgram data and studied metacognition and its implementation at the experimental campuses. Parks and Recreation Specialist, Content Specialist Coach, City of Corpus Christi, summers only (May 2007—August 2014) My responsibilities during my time with CC Parks and Recreation varied over time. I was regular coach for students during my first 3 summers with Parks and Recreation. My duties as a coach included creating fun daily activities for the students, organizing field trips, serving lunch, and organizing the last day party.As a content specialist, I would travel to all of the recreation sites (Oak Park Recreation, Coles Recreation, Lindell Recreation, Joe Garza Recreation, Ben Garza Recreation, and Oso Recreation) to teach science specific lessons to the students. These lessons also included experiments that we would do together. I also provided cardiovascular and exercise resistance based activities at these different sites as well. RESEARCH INTERESTS • Studying the impact of physical activity on student academic achievement and physical fitness. • Social-emotional learning and its impact on physical activity in students at middle school grades. • Policy impact, at the state and federal levels, concerning social justice and equity in physical activity for K-12 students. • Improving how physical activity/education is evaluated and analyzing an evaluation system that uses an appropriate developmental spiral for cognitive and psychomotor learning. RECORD OF SCHOLARSHIP Scholarly Activity_ Articles • Woods III, G.,W., Hemmer, L., &Kouzekanani, K. (2021). Examining the impact of physical activity time on academic achievement among 3rd graders. Empowering Student Researchers: Critical Contributions by Emerging 21st Century Scholars, CEDER. • Woods III, G. W. (2020). Examining the impact of physical activity time on physical fitness and academic achievement among Yd graders (27737731) [Doctoral dissertation,Texas A&M University-Corpus Christi. ProQuest. • Woods, G., Spaniol, F.,J., &Bonnette,A. R. (2016). The relationship between finger strength and spin rate of curve-balls thrown by NCAA division 1 baseball pitchers. Issues & Answers, CEDER. • Murray,A., Murray, P.,Woods, G., Bhavin, P., &Paluseo, J. (2013).Developmentally appropriate resistance training in physical education. Strategies,A Journal for Physical and Sport Educators, 26(2), 23-29. Abstracts • Murray,A. M., Kirk, D.,Woods, G., Patel, B., &Kaitell, E. (2018). The empowering role of critical thinking in motor competency development in high quality primary physical education. International Association for Physical Education in Higher Education, p. 102. • Melrose, D.,Williams, M.L., Ocker, L., Spaniol, F. J., Bonnette, R., &Woods, G. (2010). The effects of shoulder girdle dynamics, reach, and jump mode on vertical jump performance. The Journal of Strength &Conditioning Research, 24:1. Presentations • Supporting faculty through effective leadership: The work beyond the work. The complexities of emergent leadership using a whole school autonomy development physical education approach.Murray,A., Woods, G.,Murray, P., and Howells,K. NAKHE Virtual Conference, (2021). • The complexities of developing motor competence through a health and skill related programme. Murray,A.,M., Woods III, G., W.,Murray,P., &Howells,K. IMDRC Conference, (2020). • The empowering role of critical thinking in motor competency development in high quality primary physical education, Murray,A. M.,Kirk, D., Woods, G.,Patel, B., &Kaitell, E. Edinburgh AIESEP World Conference: Creating Thriving and Sustainable Futures, (2018). • How to provide your methods class 15,360 different ways in one semester Murray A., M. & Woods, G., Texas A&M University Corpus Christi, NAKPEHE Conference (2011). Undergraduate Courses Developed Texas A&M University—Corpus Christi KINE....: Health in Physical Education(Under Development) (2022) KINE 2317: Re-Inventing Games (2013) Courses Taught Texas A&M University—Corpus Christi KINE 1106: Weight Training, Texas A&M Corpus Christi KINE 2312: Foundations of Kinesiology,Texas A&M-Corpus Christi KINE 2317: Re-Inventing Games,Texas A&M-Corpus Christi KINE 2375: Nutrition for Human Performance,Texas A&M-Corpus Christi KINE 3112: Exercise Physiology Lab,Texas A&M-Corpus Christi KINE 3338: Motor Development,Texas A&M-Corpus Christi, Texas A&M-Corpus Christi KINE 3339: Elementary Physical Education Methods, Texas A&M-Corpus Christi KINE 3341: Secondary Physical Education Methods,Texas A&M-Corpus Christi KINE 4127: Biomechanics Lab,Texas A&M-Corpus Christi KINE 4693: Professional Field Experience 1, Texas A&M-Corpus Christi KINE 4694: Professional Field Experience 2, Texas A&M-Corpus Christi HLTH 4350: Creative Lifestyles for Wellness, Texas A&M-Corpus Christi EDUC 1301: Introduction to Teaching, Del Mar College EDUC 2301: Introduction to Special Population, Del Mar College Service Committee and Board Involvement • Texas Transfer Advisory Committee (TTAC)—First Disciple-Specific Subcommittee on Education (2023-present) • Texas Association of Health, Physical Education, Recreation and Dance (TAHPERD) Co- Chair for Hospitality (2022-2023) • Hospitality Chair for the 99`'TAHPERD Convention (2022-present) • TAHPERD Member (2021-present) • Corpus Christi ISD SHAC Coordinator(2020-2022) • Teacher Incentive Allotment Committee (2020-2022) • Teacher Educator Advisory Committee (2020-present) • Better Living for Texans Committee (2020-2022) • UTHealth Research Practice and SPAN Engagement Committee (2019-2022) • Council on Alcohol and Drug Abuse-Vice President(2019-present) • Health and Wellness Coalition(2018-2020) (Sunset) • Youth Continuum of Care Coalition (2018-present) • Texas Healthy Communities Coalition(2017-2019) • Physical Activity Mayor's Fitness Council (2017-2019) (Sunset) • Corpus Christi ISD Wellness Plan Committee (2016-2020) • Expanded Food and Nutrition Education Program (FNEP)Advisory Committee (2016- 2022) • Corpus Christi ISD SHAC Member (2015-2020, 2022-present) Awards and Recognition • It's Time Texas SHAC Award (2019) • Campus Teacher of the Year(2018) • Teacher of the Year District Finalist(2018) • Silver Campus Award for the Alliance for a Healthier Generation (2017-2019) • Fuel Up to Play 60 Excellence Award in School Wellness (2017) • Bronze Campus Award for the Alliance for a Healthier Generation (2015-2017) • Distinguished Scholar, The Elite Graduate Program (2014) • Distinguished Scholar, The Elite Graduate Program (2012) • Outstanding Service Award, TAMUCC Kinesiology (2012) • English Writing Student of the Year, Del Mar College (2007) REINVESTMENT ZONE NO.3(DOWNTOWN)BOARD Four(4)vacancies with the terms ending 02-28-2026.(Appointment of Chairman for one-year term beginning January 1,2024.Historically,Council Members have been appointed to the board). Council Members Sylvia Campos,Michael Hunter and Mike Pusley are eligible for reappointment.The Downtown Management District is recommending the reappointment of James Sedwick. Duties The Reinvestment Zone No.3 Board shall make recommendations to the City Council concerning the administration of the zone.(The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA-Town complex at the north end,south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital,and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011,Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. Composition The Board shall consist of twelve(12)members. The members shall be appointed as follows:Pursuant to Sec.311.009(a),Tax Code,the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone,if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone,may appoint one(1)member of the Board. These entities include:Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten(10)members,with one reserved for a representative from the Downtown Management District,and the board may exceed twelve(12) members if necessary for the City Council to make said ten(10)appointments. To be eligible for appointment an individual must be a qualified voter of the City;or be at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year.Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Creation/Authority Meets Member size Term length/limit Staff liaison Ord.No.027996,12/16/08;Ord.No.028136,04/28/09; 4th Tuesday of the month at 12 2 years/N/A Joe Escobar Ord.No.029403,3/2/12;and Ord.No.030286,9/16/14. 9:30 a.m.,Council Chambers. OfficeName Downtown Management James Sedwick DMD Rep. 2 3/24/2020 2/28/2024 City Council Seeking reappointment District Eligible for Sylvia Campos District 2 Partial 1/10/2023 2/28/2024 City Council reappointment City Eligible for Michael T.Hunter At-Large 4 4/19/2016 2/28/2024 City Council Ireappointment City Eligible for Mike Pusley At Large 2 1/12/2021 2/28/2024 City Council Chair reappointment City 2-13-2024 Name Office Term Appt.date End date Appointing Authoi Position Status Category Connie Scott Nueces Co. 1 2/8/2023 2/28/2024 Nueces County Active County Rudy Garza Jr. Del Mar Partial 2/14/2023 2/28/2024 Del Mar College Active Del Mar Daniel R Suckley District 4 1 1/10/2023 2/28/2025 City Council Active City Paulette Guajardo Mayor 4 12/20/2016 2/28/2025 City Council Active City Everett Roy District 1 1 1/10/2023 2/28/2025 City Council Vice-Chair Active City Jim Klein At-Large 11 1/10/2023 2/28/2025 lCity Council I jActive City Gil Hernandez I District 5 13 1/15/2019 2/28/2025 ICity Council I lActive City Roland Barrera I District 3 13 1/15/2019 2/28/2025 ICity Council I jActive City 2-13-2024 REINVESTMENT ZONE NO. 3 (DOWNTOWN) BOARD Applicant Name District Status Category iJamesSedwick iDistrict5 Seeking reappointment DMD Representative CITY OF CORPUS CHRISTI Submit Date:Jan 31, 2024 Application for a City Board, Commission, Committee or Corporation Profile James Sedwick First Name Last Name Email Address Street Address Suite or Apt Corpus Christi TX 78401 City State Postal Code Primary Phone Alternate Phone What district do you live in? V, District 5 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? 46 Carr Riggs and Ingram _ Partner Certified Public Accountant Employer Job Title Occupation Work Address-Street Address and Suite Number 500 N. Shoreline Suite 701 Work Address -City Corpus Christi Work Address -State Tx Work Address -Zip Code 78401 James Sedwick i i i Work Phone 3618823132 I I Work E-mail address jsedwick@cricpa.com Preferred Mailing Address fJ Work Address Which Boards would you like to apply for? REINVESTMENT ZONE NO. 3 (DOWNTOWN) BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: none Why are you interested in serving on a City board, commission or committee? This is a reappointment Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission,committee or corporation? r•; Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No James Sedwick i t i Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) James Sedwick E�E FE 3 t I 4 S i 't 2 I Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree James Sedwick i I i Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree James Sedwick SENIOR CORPS ADVISORY COMMITTEE Three(3)vacancies with terms ending 2-28-2026,representing the following category:1-SCP Volunteer Station,1-RSVP Volunteer and 1-At-Large. Duties The Committee shall act as an advisor to the City Council,City Manager and Parks Department staff regarding the Senior Companion Program and the Retired and Senior Volunteer Program. Composition The committee shall consist of five(5)members.One(1)member shall be a current Senior Companion Program("SCP")volunteer,one(1)member shall represent the SCP Volunteer Station;one(1)member shall be a current Retired and Senior Volunteer Program("RSVP")volunteer;one(1)member shall represent the RSVP volunteer station;and one(1)member shall be at large.Of the initial members,three(3)members shall serve a two-year term and two(2)members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting.Thereafter,all terms shall be two(2)years. Meet Last Wednesday of every month at 3:00 p.m.Galvan House in Heritage Park Creation/Authority Member size Term length/limit Staff Liaisons Ordinance No.031963,12/17/19 5 2 years/6 years Jennine Leal&Ericka Maldonado Appointing Name District Term Start date End date Authority Position Status Category Attendance 9/10 meetings-90% Stephanie M.Brown District 4 Partial 6/13/2023 2/28/2024 City Council Seeking reappointment SCP Vol.Station (1 excused absence) 9/10 meetings-90% Joann Cantu District 3 2 3/17/2020 2/28/2024 City Council Chair Seeking reappointment RSVP Volunteer (1 excused absence) 7/10 meetings-70% Allison C.Vela District 3 1 8/31/2021 2/28/2024 City Council ISeeking reappointment At-Large (3 excused absences) Gary R.Burger District 5 3 3/1/2023 2/28/2025 City Council jActive RSVP Vol.Station Katherine J.Joslin District 4 1 4/11/2023 2/28/2025 City Council jActive SCP Volunteer 2-13-2024 SENIOR CORPS ADVISORY COMMITTEE Applicants Name Status District Category Stephanie M. Brown Seeking reappointment District 4 SCP Volunteer Station Joann Cantu Seeking reappointment District 3 RSVP Volunteer Samantha Perez Applied District 1 At Large Dianne Smitson Applied District 4 At Large Allison C. Vela ISeeking reappointment I District 3 At Large CITY OF CORPUS CHRISTI Submit Date:Jan 07, 2024 Application for a City Board, Commission, Committee or Corporation Profile Stephanie M _ Brown First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code ■ Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 37 years Altus Hospice Community Liaison Marketer Employer Job Title Occupation Work Address-Street Address and Suite Number 555 Carancahua, Ste 1770 Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78401 Stephanie M Brown Page 1 of 5 3 i Work Phone 361-723-1049 Work E-mail address i Stephaniebrown@altushospice.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SENIOR CORPS ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: yes Senior Corps Advisory Committee. Seeking reappointment. Education, Professional and/or Community Activity(Present) I am currently working for Altus Hospice. We have recently signed up to be a SCP Volunteer Station. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I would like to assist in helping the community with education on services available.There are so many individuals who could utilize the assistance of a senior companion. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Stephanie M Brown Page 2 of 5 I i I Are you a current candidate in an election for a non-city public office? i r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter NIA N/A Demographics Gender V Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No Stephanie M Brown i If you answer"Yes" to any of the questions above, please explain or ask to speak with the I City's Legal Department. If you answer"NO"to all questions above, please enter N/A. i No. Board-specific questions (if applicable) Question applies to SENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? • Senior Companion Program (SCP)Volunteer • Senior Companion Program (SCP)Volunteer Station Verification Stephanie M Brown City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. ------------ fJ I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. P I Agree Stephanie M Brown CITY OF CORPUS CHRISTI Submit Date:Jan 11, 2024 Application for a City Board, Commission, Committee or Corporation Profile Ms. Joann _ Cantu Prefix First Name Last Name Email Address Street Address Corpus Christi TX 78415 -- -------------- ------------ ---- ----__ City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 10 NCS-Network Cabling Services Account Executive—,-----,----- Sales----____ Employer Job Title Occupation Work Address-Street Address and Suite Number 8322 Leopard Street Bldg 6 Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78409 Ms. Joann Cantu Work Phone 3618144000 Work E-mail address jcantu@ncs-tx.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? SENIOR CORPS ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Senior Corps Advisory Committee Education, Professional and/or Community Activity(Present) Certified Community Health Worker educator for youth Asthma and Diabetes. National ADCES Board Committee If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) Only applied for this board Why are you interested in serving on a City board, commission or committee? Being a resident of Nueces County and being an advocate for the community is very important to me, I love giving back to my community and able to help others to make a difference. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Ms. Joann Cantu 1 F No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Ms. Joann Cantu I I Do you or your spouse have a pending claim, lawsuit or proceeding against the City? i r Yes r: No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. I did not answer yes to any of the above questions. Board-specific questions (if applicable) Question applies to SENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Retired and Senior Volunteer Program (RSVP) Volunteer Verification Ms. Joann Cantu C, E i F City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances,Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 1 Agree Ms. Joann Cantu i z JOANN LERMA AREVALO i 4437 Moravian Dr. Corpus Christi Texas 78415 361 271 9221 OBJECTIVE Obtain a position in Community Outreach/ Marketing with success. SKILLS & ABILITIES Customer Service, Marketing, Community Outreach, Sales, Bilingual Communication, Computer skills, Microsoft, outlook, other. EXPERIENCE Senior Community Outreach Coordinator, La Costa Dental July 2016 - Present Corpus Christi, Texas - Communicate with other community outreach programs, set up events for Seniors, work with Seniors on their needs for health, assist at all senior center for any community events, schedule all our marketing team for the events, maintain communicate with 3 office managers to better service the needs for the office, reports, office spreadsheets, other office needs, manage all other team members. Promo Event Supervisor, Dracko Merchandising 12/16 - Present Dallas, Texas - Maintain the communication with various clients to promote the clients merchandise, foods, and drinks. I hire all ambassadors for events, and schedule events with vendors and event locations, other various duties, including reports, and spreadsheets, all other duties as needed. Data Entry (Temp) , Humpal Physical Therapy 07/2016 - 12/2016 Corpus Christi, Texas - Data Entry, enter all charges for 6 clinics, request information from clinics for billing, communication, customer services, organization of records, filing, and other duties as needed. Benefit Specialist, Valence Health 04/2014 - 4/2016 Corpus Christi, Texas - Respond to members, provider, agent, broker inquiries, via telephone regarding health insurance benefits, eligibility and claims, analyze problems and provide correct information and solutions. Communicate monthly messages to providers on a specific needs basis. Deal tactfully and empathetically with customers. Patient Service Representative, Lone Star Circle of Care 4/2011 - 5/2013 Austin, Texas I - Provide Scheduling, assist with verification of patient insurance, scanning all patient information, verify all appointments, confirmation, cancellations, and reschedules. Maintain all medical records for all 28 clinics. Other duties as needed. Administrative Assistant 111 , Texas Real Estate Commission 06/2008 - 4/2011 Austin, Texas - Answer all inquiries from all agents, brokers, and public to provide accurate information to the public and licensees, assist in navigating through the website, respond to email inquiries within 24 hours and maintain a log of all calls received on the survey data sheet. Maintain a notebook to use as reference for all TREC and TALCB rules, laws, contracts, forms and procedures. Perform other duties as needed. EDUCATION Winford High School - Georgetown KY - Basic Courses University of Texas - Austin. TX - Health Information Technology Certification Program REFERENCES Joe Munoz Texas State University 512-423-0291 Lori Deanda Texas Real Estate Commission 512-797-3213 Tanya Lara Zavala Senior Center 361-793-1067 2 CITY OF CORPUS CHRISTI Submit Date: Mar 29, 2023 Application for a City Board, Commission, Committee or Corporation Profile i Samantha Perez First Name Last Name Email Address Street Address Corpus Christi TX 78_4_10 City State Postal Code What district do you live in? W District 1 Current resident of the city? C• Yes r No If yes, how many years? 20 Primary Phone Alternate Phone Mir Care Consultants -_- Associate-Care Manager _ Employer Job Title Work Address-Street Address and Suite Number 4444 Corona Dr, Ste 232 Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78411 Samantha Perez Work Phone 3618143300 Work E-mail address Samantha@mircareconsuItants.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? SENIOR CORPS ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) UIW-BA in HR, Dementia Friendly Corpus Christi Initiative,Texas Face to Face Why are you interested in serving on a City board, commission or committee? My role with Mir Care Consultants has allowed me to play an active role in the aging community&help to connect individuals and their families with the available resources in the community. Are you an ex-Officio member of a City Board, commission or committee? r Yes a No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Samantha Perez Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Samantha Perez Question applies wSENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Doyou qualify for any ofthe following categories? ° V At Large Verification City Code Requirement' Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members ofCity boards and nonnmn|mo|onm' including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits mfthe city byany member shall constitute automatic resignation from the particular board orcommission onwhich such member served. V |Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W |Agnee i Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree Samantha Perez k `t E 4 I CITY OF CORPUS CHRISTI Submit Date: Mar 07, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dianne Smitson First Name Last Name Email Address Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? " W District 4 Current resident of the city? r Yes r No If yes, how many years? 14 Primary Phone Alternate Phone Smitson Consulting Healthcare consultant Employer Job Title Work Address-Street Address and Suite Number 15921 Punta Espada Loop Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78418 Dianne Smitson Work Phone 3159357135 Work E-mail address Which Boards would you like to apply for? SENIOR CORPS ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) RN masters prepared-active Texas licensure If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Convention Visitors bureau Senior board Why are you interested in serving on a City board, commission or committee? Civic involvement and interest in seeing growth and development in the downtown area Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Dianne Smitson Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter NIA NA Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse,your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Dianne Smitson If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter NIA. Na Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? V Attraction Industry Question applies to SENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W At Large Verification Dianne Smitson j i City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances,Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. (� I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board,commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dianne Smitson I 3 DIANNE SMITSON MHA, RN, ACM-RN, LN C0921 Punta Espada Loop orpus Christi, TX 78418 (c): (315) 935-7135. i PROFESSIONAL SUMMARY Vision-driven professional with career-long record of healthcare operations, process improvement, and relationship management success for leading systems, academic medical centers, and community hospitals Proven talent for addressing clients' challenges and opportunities, delivering sustainable measurable results while achieving maximum operational impacts. Growth-focused leader with expertise spanning priority and time management, risk management, consulting, customized solutions, client re-engagement and relationship management, regulatory compliance, revenue cycle improvement, research and analysis, training, performance assessment, and project management. Dedicated professional with keen interpersonal, communication, and organizational skills, as well as budget management, policy management, and resource allocation expertise. PROFESSIONAL EXPERIENCE MOBILE ESCAPE ROOM LLC DBA ALL TEXAS ENTERTAINMENT 2018 TO PRESENT MOBILE ENTERTAINMENT SERVING ALL OF TEXAS -OPERATING FROM SAN ANTONIO AND CORPUS CHRISTI -MOBILE AXE THROWING, MOBILE ESCAPE ROOMS, GELLY BALL, ARCHERY TAG, BUBBLE BLAST OFF FOAM , PHOTO BOOTH, INTERACTIVE GAMES SMITSON CONSULTING ,NOVEMBER 2020 TO PRESENT PRINCIPAL CONSULTANT INTERIM DIRECTOR CASE MANAGEMENT UPLAND, PENNSYLVANIA MAY 1922- PRESENT Management oversight of Case Management, Social Work and Utilization Management • Triad Model o Two management FTE's, 55 FTE's o Inpatient case management, Social Work, Emergency Department support for UM, Social Work and one FTE Behavioral Health Social Worker • Implemented Complex Care Social Work position to lead the oversight of patients with LOS>10 days over GMLOS and Long Stay Observation patients with challenging social and medical presentations • Designed and Implemented a Hospitalist/Case Management Communication utilizing Teams to provide unit-based communication • Redefined Outlier review process to focus on maximum use of time, resource and outcomes • Redesigned Observation process and scripting to improve outcomes • Redefined and prioritized workflows for all positions including leadership • Designed and implemented unit-based metrics and provided monthly education to staff on trending metrics • Redesigned unit-based rounding for management to improve communication and eliminate barriers to discharge • Chief of Medicine and Hospitalist collaboration to improve communication and outcomes • Designed process to decrease behavioral health holds in the Emergency Department and increase throughput i I I DIANNE SMITSON MHA, RN, ACM-RN Page 2 ENGAGEMENT AT LARGE TERTIARY MEDICAL CENTER IN LOS ANGELES AREA Case Management Departmental redesign implementation transitioning to triad model • Implementation of a care coordination model across all points of entry o Transfer center, procedure areas, ED o Assessing the processes for appropriateness of care • Redesigned and implemented the role delineation and responsibilities for all staff and management levels • Implemented orientation and competency program based on Donna Wright model; introduced collaboration with nursing department alignment • Redefined Outlier review process to focus on maximum use of time, resource and outcomes • Redefined roles and responsibilities between care coordinators /managers, social workers, nursing and physicians • Implemented a unit based, payor blind care management assignment model which addresses the needs of all patients • Redefined and prioritized workflows for all positions including leadership • Developed schedules for key care management functions seven days/week and expanded weekend coverage to volume • Designed and implemented metric standards and reporting structure • Developed Preferred Provider Quarterly meeting structure • Implemented a centralized workflow for support staff to improve productivity and efficiency IBM WATSON HEALTH/TRUVEN HEALTH ANALYTICS, NEW YORK,JULY 2012 TO SEPTEMBER 2020 SENIOR PRINCIPAL CONSULTING MANAGER • Spearheaded multiple, large multidisciplinary consulting engagements simultaneously, including Top 50 and Top 100 Operational, Clinical, Performance Improvement and Productivity projects (e.g. Mortality, Length of Stay, HCAPHS, Cost of Care, Complications, Patient Safety Indicators, Care Coordination, Quality, Case Management). System and independent hospital assessments to improve Quality, Financial and Operational Improvement. • Led project teams of more than 100 members • IBM Watson Health Subject Matter Expert for Care Coordination Community Health Needs Assessments completed for multi-state and major health systems • Recruit, train, and manage new hires, redesigning presentations to drive project and team effectiveness and establishing a team structure to ensure compliance and sustainability. Mobilize clinical performance improvement teams in optimizing total joint, heart failure, and surgical initiatives, as well as surgical/ED redesign. Advise and strengthen relationships with clients, ensuring a high percentage of re- engagement, by assessing their needs, answering questions and resolving concerns, and customizing solutions. GULF COAST MEDICAL CENTER, WHARTON, TX,JANUARY 2010 TO JUNE 2012 CHIEF NURSING EXECUTIVE • Overhauled the existing departmental organization and workflows to maximize staffing productivity, implementing best practices for quality initiatives and improving HCAHPS and ED patient satisfaction scores; boosted the former score from 53rd to 78th percentile and the latter from 22nd to 86th, improving categories 12 - 68% in one year. • Administered daily operations for all clinical areas, including contract negotiations, policies, forms, nursing documentation, etc. DIANNE SMITSON MHA, RN, ACM-RN Page 3 • Revamped the Emergency Department and Women's Services, implementing best practice initiatives, including ED triage, AMI and stroke, Level 3 Stroke Center, 39-week induction, and APS clinical training. • Established the Clinical Coordinators role and orientation program, as well as the Nursing Clinical Ladder program to improve recruitment of highly qualified RNs. Clinical coordinators provided a leadership role to the Directors and Managers improving 24/7 responsibility. • Managed opening operations for an 18-bed inpatient Behavioral Health Unit, an outpatient Wound Care Center, Hyperbaric Chambers, and an outpatient Geriatric Psychiatric SOP unit. SOUTH TEXAS SURGICAL HOSPITAL, CORPUS CHRISTI, TX,JUNE 2009 TO DECEMBER 2009 CHIEF NURSING EXECUTIVE • Oversaw all clinical operations (e.g. Laboratory, Radiology, Physical Therapy, Respiratory) for the Coastal Bend Surgical Center presently performing 1000 surgical cases per month, including managing contract negotiations, policies, and forms and implementing Meditech. Ensured CMS compliance of the ambulatory surgery center, preparing for Joint Commission Accreditation in November 2009. Developed and oversaw all clinical contract origination and execution. A.L. LEE MEMORIAL HOSPITAL, FULTON, NY,JANUARY 2008 TO MAY 2009 CHIEF NURSING EXECUTIVE • Transitioned the organization to an Urgent Care and Diagnostic and Treatment Center through Chapter 11 filing and closure, including developing a closure plan, restructuring financial processes to accommodate shifting volumes/consensus, administering nursing functions, and liquidating assets. Decreased overtime costs and reliance on agency staffing by 95% in eight weeks, saving $100K/month. Improved Medical-Surgical nursing department productivity from 61% to 100% and ED productivity from 85% to 100% by implementing on-line surgical scheduling. SELF-EMPLOYED, VARIOUS U.S LOCATIONS,JUNE 2002 TO DECEMBER 2008 INDEPENDENT HEALTHCARE MANAGEMENT CONSULTANT/INTERIM SUPPORT • Evaluated and implemented outpatient and inpatient EMR systems, facilitating system construction, financial, pediatric perioperative, and risk management assessments. • Risk Management departmental re-organization. Departmental review and support for system legal counsel. Consulted with clients on JCAHO readiness, preparation, and survey support. • Assessed a new multi-physician pediatric practice. • Analyzed processes and systems through financial and to identify inefficiencies and design improvements, improving the Quality of Care for healthcare facilities nationwide. (NOVA HOSPITAL, ALEXANDRIA, VA, NURSING DIRECTOR HIGH RISK LABOR AND DELIVERY (INTERIM) • Piloted FTE assessment and staffing realignment, decreasing RN travelers by 90% in six months and RN vacancy from 40% to 1%. Organized the Perinatal Safety Initiative to improve divisional safety culture, resulting in 365+ days without a significant patient safety event. • Created a staffing plan to manage patient volume by increasing scheduled procedures/surgical block times which improved block time utilization and improved physician relations. Executed the GE Centricity QS migration from a freestanding system to a network environment, allowing for remote access for physicians and mid-level providers. E&C MEDICAL INTELLIGENCE, NEW YORK, NY, OCTOBER 2006 TO JULY 2008 CLINICAL ACCOUNT MANAGER G E I I i DIANNE SMITSON MHA, RN, ACM-RN Page 4 • Enhanced'risk management and decision support processes for inpatient and outpatient obstetrical and newborn departments by assessing clinical operations and recommending improvements. • Designed and implemented EMR integration plans and strategies to realize ROI (hard and soft dollar benefits) for large inpatient implementations, Banner Healthcare systems, and outpatient clinics. • Investigated the impact of new IT products upon application system architecture and maintained application system architecture for the enterprise. HEALTH ALLIANCE OF CNY HEALTH SYSTEM, SYRACUSE, NY, NOVEMBER 2000 TO 2002 YEAR DIRECTOR OF PHYSICIAN SERVICES/NURSING RECRUITMENT AND RETENTION SPECIALIST RHD MEDICAL CENTER, DALLAS, TX,JULY 1999 TO SEPTEMBER 2000 DIRECTOR OF WOMEN'S AND INFANT SERVICES NORTHWESTERN HOSPITAL MEDICAL CENTER, NOVEMBER 1985 TO JUNE 1999 MANAGER OF WOMEN'S AND INFANT SERVICES/MANAGER OF LABOR AND DELIVERY EDUCATION AND CREDENTIALS LEGAL NURSE CONSULTING COURSE 2020 INCARNATE WORD UNIVERSITY, SAN ANTONIO, TX AMERICAN CASE MANAGER ASSOCIATION CERTIFICATION 2015 ACMA, Little Rock MASTER OF HEALTHCARE ADMINISTRATION. (MHA.) 2006 Bellevue University, Bellevue, NE Emphasis: Leadership BACHELOR OF SCIENCE (B.Sc.) IN HEALTHCARE ADMINISTRATION, 1989 Governors State University, University Park, IL REGISTERED PROFESSIONAL NURSE.(R.N.) 1982 Charity Hospital School of Nursing, New Orleans, LA PROFESSIONAL AFFILIATIONS • American Association Legal Nurse Consultants (AALNC) • American College of Healthcare Executives (ACHE) • American Case Management Association (ACMA), National Chairperson (2018 - 2020) ADDITIONAL INFORMATION Languages: English, Spanish (studying) Technical Proficiencies: Microsoft Office Suite, Windows, Mac OS, IBM AI Cloud design, Microsoft Exchange, Microsoft Project, A Interests: Boating, travel, volunteer with local women's shelter, Texas voter registration agent DIANNE SMITSON MHA, RN, ACM-RN Page 5 References available upon request CITY OF CORPUS CHRISTI Submit Date:Jan 17,2024 Application for a City Board, Commission, Committee or Corporation Profile Allison C Vela First Name Middle Initial Last Name Email Address Street Address Suite or Apt Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? r✓ District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? -13 KEDTReceptio_n_ist.__ —______ Receptionist__ Employer Job Title Occupation Work Address-Street Address and Suite Number 3205 South Staples Street Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78411 Allison C Vela Work Phone 361-855-2213 Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? SENIOR CORPS ADVISORY COMMITTEE:Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any City board, commission or committee at this time. Education, Professional and/or Community Activity(Present) I am a part-time receptionist at our local Public Broadcasting Station. I am also currently a student at Texas A&M University-Corpus Christi and single mother with two children. If you applied for multiple boards,which boards are you most interested in serving on, in order of preference? (Limit to top three) I am most interested in continuing my service on the Senior Corps Advisory Committee. Why are you interested in serving on a City board, commission or committee? I want to serve my community and I think my unique experiences and opinions could be helpful in the continued improvement of our city. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Are you a current candidate in an election for a non-city public office? r Yes rr No Do you currently serve as an elected official for a non-city public office? r Yes r No Allison C Vela Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse,your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you,your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Allison C Vela Question applies to SENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W At Large Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Allison C Vela Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Allison C Vela Cit`' of Corpus Christi 1201 Leopard Street x City Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,January 30,2024 11:30 Aftrpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm.210) Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:36 a.m. B. Invocation to be given by Reverend Russell Hildebrandt, Trinity Our Savior Lutheran Church. Reverend Russell Hildebrandt, Trinity Our Savior Lutheran Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Trevor Long, Junior at Miller High School. Trevor Long, Junior at Miller High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. SECURITY BRIEFING Assistant City Secretary Stephanie Box provided a security briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 24-0186 Highlights of Major Capital Improvement Projects Completing in 2024 City Manager Peter Zanoni presented information on the CY 2024 major CIP projects as follows: Sherwood Dog Park; Packery Channel dredging and beach nourishment; council chambers modernization; Gabe Lozano Golf Course; CCIA outdoor concourse City of Corpus Christi Page 1 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 patio; American Bank Center City terrace and suite enhancements; Miradors Seawall lighting (FMAC); Cole Park splash pad; Cole Park rehabilitation and improvement; Water Garden restoration; North Beach park; Rodd Field (Yorktown to Adler); new Police Training Facility; Fire Station No. 3; and Labonte Park expansion. A Council Member and City Manager Zanoni discussed the following topic: the City partnered with the Ed Rachal Foundation to swap out the new fire station with the old fire station site. G. PUBLIC COMMENT Mayor Guajardo opened public comment. Shawn Flanagan, 4218 Herndon St., spoke about appointing the best candidate to the Library Board, in opposition to Item 11, and recommends the City does a community campaign on desalination and present options to the community. Deborah Williamson, 25 Rock Creek Dr. and Samuel Fryer, 2222 Cardinales Lanes, spoke in opposition to Item 11. Tracy Cassidy, 337 Claremore St., asked for Council's support to consider her for the Library Board. John Weber, 609 Naples St., spoke in opposition to desalination and opposed to Item 32. Eli McKay, 1008 Marguerite St., spoke in opposition to desalination and in support of Item 9. Kathryn Oler, 1400 Ocean Dr., spoke in opposition to desalination and in support of appointing Jennifer Anderson to the Library Board. Vickie Natale, 142 Naples St. and Debbie Layton, 235 Amistad St., spoke in support of appointing Jennifer Anderson to the Library Board. The following citizens spoke in opposition to desalination: Rachel Caballero, 522 Hancock Ave., Merida Forrest, 7114 Grape Arbor Dr., Blanca Parkinson, 10801 Silverton Dr., Arturo Lima, 317 Peoples St., Mark Muenster, 2921 Airline Rd., Jennifer Espino, 7122 Premont St., Armon Alex, 1610 La Joya St., Beatriz Alvarado, 910 Ohio Ave., Gabriel Flores, 6121 Lost Creek Dr., Sheron Wechsler, 6741 Sharks Court, Margot Moczygemba, 6105 Jessica Dr., Henry Williams, 2422 Summers St., Don Osborn, 1605 Mestina St., Maggie Peacock, 1773 Ennis Joslin Rd., Neil McQueen, 4213 Estate Dr., Jake Hernandez, 488 Palmetto St., Mary Carter, 3401 S. Alameda St., Heather Shields, 1230 Preston St., Jeremy Coleman, 7510 Cedar Brush, Victoria Holland, 235 Ohio Ave., Chloe Torres, 3302 Casa Bonita Dr., Priscilla Cambric, 2814 Rogers St., Deia Perez, 1230 Preston St., Sylvia Oliver, 2814 Rogers St., Eduardo Canales, 7021 Bevington Dr., City of Corpus Christi Page 2 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 Brittni Young, 6018 Williston Dr., Jeffrey Ybarra, 5701 Saratoga Blvd., Alberto Zertuche, 3601 Cub St., Silvia Jimenez de la Garza, 3009 Charles Dr., Edgar Aguirre, Meadows Place, TX, and Matthew Kennedy, Austin, TX. The following citizens spoke in favor of desalination: Sarah Tindall, 445 Peerman Place, Robert Landeg, 8006 Villefranche Dr., Robert Kelley, 205 Chandler Lane, John Hale, 14854 Highland Mist Dr., Terry Mills, 6702 Everhart Rd., Mike Raffay, 5245 South Oso Parkway, David Engel, 230 Amistad St., Ryan Dixon, 5633 Timbergate Dr., Scott Corliss, 1234 Cornerstone Dr., Davy Edwards, 8106 Grand Canyon St., Bobby Gonzalez, 5901 Harvest Hill Rd., Alycia Kasperitis, 5325 Yorktown Blvd., Barrett Fines, 6006 Lago Vista, Justin Smith, 6201 Nilgai Court, Brian Keeble, 4350 Ocean Dr., Jim Urban, Port Aransas, TX, Mike Hatch, 408 Pinehurst, Portland, TX, Mike Culbertson, 800 N. Shoreline Blvd., Michael Paris, Portland, TX, Sandy Rodriguez, Portland, TX, Sydney Hansen, Rockport, TX, Francisco Falcon, 1808 Bay Landing Dr., Averi DeVault, Aransas Pass, TX, and Logan Burton, Rockport, TX. The following citizens submitted written public comments which are attached to the minutes: John Weber, 609 Naples St., Joe Trejo, Alice, TX, Janet Newcomb, Meadowlane Dr., Mariah Boone, 710 Ponder St., Prachi Kala, Pennine Way, Suraida Nanez-James, 7326 Gold Ridge Rd., Stephanie Lewis, 109 Bradshaw Dr., Jason Hale, 4421 Hamlin Dr., Julie Rogers, 710 Furman Ave., Joe Newcomb, Meadowlane Dr., Love Sanchez, PO Box 60286, and Dorothy Pena, 2114 Meadowpass Dr. H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 2) 2. 24-0076 Animal Care Advisory Committee (1 vacancy) Library Board (1 vacancy) Marina Advisory Committee (5 vacancies) Mayor Guajardo referred to Item 2. Animal Care Advisory Committee: Appointed: Robert W. Perkins Library Board: Appointed: Jennifer Anderson Marina Advisory Committee: Reappointed: Curt L. Broomfield, John Murray, Charles Pendlyshok, and John S. Wood Appointed: Steve T. Indrelunas I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3-28) Approval of the Consent Agenda City of Corpus Christi Page 3 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 Mayor Guajardo referred to the Consent Agenda. Items 4-8, 9 and 11 were pulled for individual consideration. Council Member Roy moved to approve the consent agenda with the exception of Items 4-8, 9 and 11, seconded by Council Member Hunter. 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 3. 24-0184 Approval of the January 18, 2024 Special Meeting Minutes and January 23, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 4. 24-0095 Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the private placement issuance of its Utility System Senior Lien Revenue Improvement Bonds with the Texas Water Development Board in one or more series (as designated by purpose and series) for water, wastewater, and stormwater utility improvements in an amount not to exceed $211,050,000, within set parameters; making provisions for the payment and security thereof by a first and prior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding Utility System Revenue Obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of one or more paying agent/registrar agreements and one or more escrow agreements; complying with the requirements imposed by the letter of representations previously executed with the Depository Trust Company; complying with the regulations promulgated by the Texas Water Development Board; delegating authority to the City Manager, the Chief Financial Officer, and the Director of Finance and Procurement to execute certain documents relating to the sale of each series of bonds; authorizing the execution and approval of a financing agreement between the City and the Texas Water Development Board related to the bonds; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Mayor Guajardo referred to Items 4-8. Council Members, City Manager Peter Zanoni, Chief Operating Officer of Corpus Christi Water Drew Molly, Associate of Freese and Nichols Jason Cocklin, Principal/Vice President of Freese and Nichols Charles Wolf, Assistant Director of Support Services of Utilities Reba George, and City Attorney Miles Risley discussed the following topics: City of Corpus Christi Page 4 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 concerns about total cost of the project and discussion on how those costs were determined; construction costs are a moving target as they change frequently; the $44 million annual maintenance and operation costs do not include debt service; concerns about chemicals in the bay and explanations of how they are removed during pre-treatment and treatment and other preventive measures; questions on accountability and potential additional of damage bond if environmental impact varies substantially from the models; strategies to reduce noise from the desalination plant; large volume water users help the entire rate system; the maximum output of the plant with current technologies is 32 million gallons per day (MGD), which could increase as technology advances; possibility of building a pipeline to pump the brine discharge into the Gulf instead of the Bay; concerns about the impact to residential ratepayers and desires to have large volume user rates more equitable to residential rates; and the discharge permit is for a five year term. Mayor Guajardo opened public comment. The following citizens spoke in support of the Inner Harbor desalination site: Susie Luna Saldana, 4710 Hakel Dr., Bob Paulison, 15226 Barataria Dr., and Brian Williams, Taft, TX. Mayor Guajardo closed public comment. Council Member Pusley moved to approve Items 4-8, seconded by Council Member Suckley. These Ordinances were passed on second reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033269 5. 24-0111 Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the private placement issuance of its Utility System Senior Lien Revenue Improvement Bonds with the Texas Water Development Board in one or more series (as designated by purpose and series) for water, wastewater, and stormwater utility improvements in an amount not to exceed $10,000,000, within set parameters; making provisions for the payment and security thereof by a first and prior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding Utility System Revenue Obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of one or more series of bonds; appropriating the proceeds from the sale of the bonds; authorizing the execution of one or more paying agent/registrar agreements and City of Corpus Christi Page 5 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 one or more escrow agreements; complying with the requirements imposed by the letter of representations previously executed with the Depository Trust Company; complying with the regulations promulgated by the Texas Water Development Board; delegating authority to the City Manager, the Chief Financial Officer, and the Director of Finance and Procurement to execute certain documents relating to the sale of each series of bonds; authorizing the execution and approval of a financing agreement between the City and the Texas Water Development Board related to the bonds; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. See Item 4. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033270 6. 24-0098 Ordinance authorizing the execution of all documents necessary to apply for and accept the U.S. Bureau of Reclamation Grants for the construction of the Inner Harbor Seawater Desalination Treatment Plant; and appropriating funds. See Item 4. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033271 7. 24-0072 Ordinance authorizing the execution of all documents with American Electric Power, Texas, associated with construction of the interconnection of the Inner Harbor Seawater Desalination Treatment Plant to the Electric Council of Texas electric transmission grid in the amount of$3,062,880, and for the conveyance of property rights and/or modifications of existing contracts for the purchase of real property to transfer interest(s) in property as required by American Electric Power, Texas or its authorized related entities for the construction of said project, located in Council District 1 with FY 2024 funding available from the City's State Water Implementation Revenue Fund Texas Loan-2020. See Item 4. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos City of Corpus Christi Page 6 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 Abstained: 1 - Council Member Hernandez Enactment No: 033272 8. 24-0073 Ordinance authorizing amendment number three to the Master Services Agreement with Freese and Nichols in an amount up to $3,779,994 for to the Inner Harbor Seawater Desalination Treatment Plant Project for Procurement Support Services for a total amount not to exceed $9,033,994; appropriating $3,779,994 from the Raw Water and Drought Surcharge funds reserve balances; and amending the FY 2024 Capital and Operating Budgets. See Item 4. Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: 033273 9. 24-0092 Ordinance adopting Land Use Assumptions and Capital Improvements Plans relating to the possible future adoption of water, wastewater, stormwater, and roadway impact fees for the City of Corpus Christi and its extraterritorial jurisdiction; and amending the Comprehensive Plan of the City of Corpus Christi by adopting related Water Master Plan, Wastewater Master Plan, Stormwater Master Plan, and Roadway Master Plan. Mayor Guajardo referred to Item 9. Council Member Hernandez pulled this Item to vote no. Council Member Pusley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 2- Council Member Hunter and Council Member Pusley Abstained: 0 Enactment No: 033274 10. 23-2003 Ordinance authorizing the acceptance of a grant in the amount of$367,441.52 from the State of Texas, Criminal Justice Division for the Victims of Crime Act with an in-kind match of$18,080.00 for the Corpus Christi Police Department's Victim Assistance Program; and appropriating $367,441.52 in the Police Grants Fund; and authorizing five full-time civilian employees. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 7 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 Enactment No: 033275 11. 23-2049 Ordinance authorizing acceptance and future amendments of Partnering for Vaccine Equity (PAVE) Grant for $75,000.00 from the National Association of County and City Health Officials (NACCHO); and appropriating $75,000.00 in the Health Grant Fund to provide Communications Campaign to Strengthen COVID-19 and Influenza vaccination uptake for the period of August 1, 2023, through July 31, 2024. Mayor Guajardo referred to Item 11. Council Members, Assistant City Manager Steve Viera, and Dr. Fauzia Khan discussed the following topic: this grant will be used to conduct a study to learn why people do or don't get influenza and COVID-19 vaccines and then develop a communication campaign based on survey responses; and Council members spoke in opposition to the COVID-19 vaccines. Council Member Barrera moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 2- Council Member Hernandez and Council Member Pusley Abstained: 0 Enactment No: 033276 12. 24-0010 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131,833.90 with MPM Development, LP to construct a water arterial transmission grid main related to Kings Landing Unit 5 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131,833.90 to reimburse the developer in accordance with the agreement. (District 3). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033277 13. 24-0091 Ordinance authorizing a construction contract to Tex-Mix Paving of Corpus Christi, Texas, for Base Bid 1 in an amount of$6,000,000.00, Bay Ltd., of Corpus Christi, Texas, for Base Bid 2 in an amount of$6,000,000.00, Anderson Columbia Co, Inc., of Corpus Christi, Texas, for Base Bid 3 in an amount of $6,000,000.00, and Bay Ltd., of Corpus Christi, Texas, for Base Bid 5 in an amount of$6,000,000.00 in an amount not to exceed $24,000,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $48,000,000.00 for Residential Street Rebuild City of Corpus Christi Page 8 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 Program FY 2024 and FY 2025 as planned in the Rapid Pavement Program, located city-wide with funding available through Street Fund, Storm Water, Wastewater, Water and Gas Capital Funds; appropriating $10,816,000.00 from the unreserved fund balance; and amending the FY 2024 Operating and Capital Budgets. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033278 14. 23-2047 Ordinance abandoning, vacating, and closing 8.0118 acres of improved and unimproved public right-of-way identified as Starry Road and Starry Circle, between Yorktown Blvd and Oso Creek, conditioned on the Petitioner, MPM Development, LP, construction of Osito Way, Mapache Pass, and a portion of Oso Parkway and meeting other conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033279 15. 23-0528 Ordinance authorizing an amendment to the existing lease agreement with Tejas Bowmen Archery Club for the use of the property located adjacent to the Allison Wastewater Treatment Plant for an additional three-year term and two additional one-year option periods. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033280 16. 23-2036 Ordinance amending the City Code relating to the Technically Based Local Limits for discharge of wastewater into the City's wastewater treatment plants in accordance with Texas Commission on Environmental Quality regulations and providing for penalties in accordance with City Code. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033281 Consent- Contracts and Procurement 17. 23-1998 Resolution authorizing a one-year service agreement with two one-year option periods with Brightview Landscape Services, of Corpus Christi, Texas, for mowing services for the Corpus Christi Water Department, in an amount up to $193,741.10 and a potential total amount up to $581,223.30 if both one-year option periods are exercised, for mowing services for Corpus Christi Water (CCW), with FY 2024 funding of$145,305.83 from the Wastewater and Water Funds. This Resolution was passed on the consent agenda. Enactment No: 033282 City of Corpus Christi Page 9 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 18. 23-1877 Motion authorizing execution of a three-year service agreement with ZPRO Solutions, Inc. of Naples, Florida, for$906,403.88 for the renewal of Maximo software licenses, hosting and maintenance, and a one-year professional services contract with IBM Corporation of Armonk, New York, for$542,400.00, for the upgrade to Maximo 8, with FY 2024 funding of$711,242.76 from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2024-009 19. 23-2060 Motion authorizing execution of a three-year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, in an amount not to exceed $317,196.00, for Cisco WebEx Voice Over Internet Protocol (VOIP) and Audio, with FY 2024 funding of$105,732.00 from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2024-010 20. 23-2051 Motion authorizing the purchase of one replacement and two additional Harley-Davidson police motorcycles from Corpus Christi Harley Davidson, for the Corpus Christi Police Department in an amount of$96,427.96, with FY 2024 funding from the Law Enforcement Trust Fund. This Motion was passed on the consent agenda. Enactment No: M2024-011 21. 23-2063 Resolution authorizing a one-year service agreement, with two one-year options, with Certified Collision Works, LLC, of Corpus Christi, in an amount not to exceed $101,937.00, and a potential amount of$305,811.00 if options are exercised, for vehicle paint and body repairs for Asset Management, with FY 2024 funding of$67,958.00 from the Fleet Maintenance Service Fund. This Resolution was passed on the consent agenda. Enactment No: 033283 22. 24-0079 Resolution authorizing the expenditure of additional funds in the amount of $122,877.00, for the acquisition of five previously approved vehicles for various departments, with FY 2024 funding from Fleet Equipment Replacement Fund. This Resolution was passed on the consent agenda. Enactment No: 033284 General Consent Items 23. 24-0103 Resolution authorizing submission of a grant application for$80,000.00 to the State of Texas under the FY 2025 Criminal Justice Grant Program for the City of Corpus Christi Page 10 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 purchase of 10 additional Panasonic in-car video systems for the Corpus Christi Police Department. This Resolution was passed on the consent agenda. Enactment No: 033285 24. 24-0041 Resolution authorizing submission of a grant application for$205,865.52 to the State of Texas, Criminal Justice Division, under the FY 2024 Bullet-Resistant Shield Grant for 28 replacement bullet-resistant shields for the Corpus Christi Police Department. This Resolution was passed on the consent agenda. Enactment No: 033286 25. 24-0042 Resolution authorizing submission of grant application for $318,816.56 to the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with cash match of$61,624.14 and in-kind services of$18,080.00. This Resolution was passed on the consent agenda. Enactment No: 033287 26. 24-0043 Resolution authorizing submission of grant application for $59,609.00 to the State of Texas Criminal Justice Division under the Violence Against Women Act Fund for the salary and benefits of one civilian position in the Corpus Christi Police Department's Family Violence Unit, with a City cash match of$24,719.82 and $6,960.00 for in-kind services. This Resolution was passed on the consent agenda. Enactment No: 033288 27. 24-0052 Resolution authorizing the submission of a grant application to the State of Texas under the FY 2025 Body-Worn Camera Grant Program in the amount of $154,483.42 for the purchase of 100 additional body-worn cameras and related equipment for the Corpus Christi Police Department, with a City cash match of $51,494.47 from the Law Enforcement Trust Fund. This Resolution was passed on the consent agenda. Enactment No: 033289 Consent-First Reading Ordinances 28. 24-0040 Ordinance authorizing a 15-year lease agreement, with one five-year option to renew, with Sterling Air Service, LLC, for a fixed base operator to occupy hangars, office, lobby, and maintenance space at the Corpus Christi International Airport; and providing for publication and an effective date (28-day delay required between readings). City of Corpus Christi Page 11 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 This Ordinance was passed on first reading on the consent agenda. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:42 p.m. Executive Session Items 38-40 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:55 p.m. L. PUBLIC HEARINGS: (ITEMS 29-30) 29. 24-0036 Zoning Case No. 1223-01, Thanksgiving Homes (District 2). Ordinance rezoning a property at or near 3029 Sabinas Street from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-TH" Townhouse District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 29. 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: 7- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hernandez Abstained: 1 - Council Member Suckley 30. 24-0109 Ordinance abandoning, vacating, and closing 0.4132 acres of improved and unimproved public right-of-way identified as Mary Street, also known as Bluett Avenue, between 19th Street and 20th Street in support of the Lamar Elementary School site project to develop affordable housing for seniors. Mayor Guajardo referred to Item 30. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. City of Corpus Christi Page 12 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 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: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hernandez Abstained: 0 M. RECESS TO CITY CORPORATION MEETING: (ITEM 31) Mayor Guajardo recessed the City Council meeting to the City Corporation meeting at 5:33 p.m. 31. 24-0140 Annual Board Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) to appoint board members, elect officers, approve minutes, and consider a resolution to convey property to the City of Corpus Christi. This Corporation Meeting was held. N. RECONVENE CITY COUNCIL MEETING: Mayor Guajardo reconvened the City Council meeting at 5:39 p.m. O. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 32-35) 32. 24-0122 Ordinance authorizing Real Property Exchange Agreement with the Port of Corpus Christi Authority and the conveyance and exchange of 1208 Peabody Avenue & 1622 Van Loan Avenue for 2011 Palm Drive & 2101 Van Loan Avenue and provide additional payment thereof in the amount of$3,000, located in Council District 1 with funding available from SWIFT Fund. Mayor Guajardo referred to Item 32. A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topic: the City will compensate the Port of Corpus Christi $3,000 due to the difference in the appraised value of the properties. Council Member Pusley moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 0 City of Corpus Christi Page 13 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 33. 24-0003 Motion authorizing Amendment No. 2 to a professional services contract with Risa Weinberger& Associates, Inc., of Dallas, TX, to provide design, bidding, and construction testing phase services for new Solid Waste Compost Facility on the Cefe Valenzuela Landfill, in an amount not to exceed $690,709.00, for a total contract value not to exceed $878,778.00, located outside City limits, with FY 2024 funding available from the Solid Waste Capital Fund. Mayor Guajardo referred to Item 33. Council Members, City Manager Peter Zanoni, and Director of Solid Waste David Lehfeldt discussed the following topics: this contract authorizes phase 2 of the compost facility where brush will be composted; it will allow 25 percent more space on the landfill; local nurseries will be asked about selling the compost; Parks department will use it in landscaping; possibility of it being available to purchase by farmers; and the compost facility can process paper products that cannot be recycled. 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 Barrera. 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 Suckley, Council Member Roy and Council Member Klein Absent: 1 - Council Member Campos Abstained: 0 Enactment No: M2024-012 34. 23-2067 A resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of certificates of obligation in an amount not to exceed $28,100,000 for the projects already approved by the City Council in the fiscal year 2023-2024 Capital Improvement Plan (CIP). Mayor Guajardo referred to Item 34. Interim Director of Finance and Procurement Alma Casas presented information on the following topics: Certificates of Obligation; and projects to be reimbursed. A Council Member and Interim Director Casas discussed the following topic: a desire to amend the next budget policy regarding the amount issued for Certificates of Obligation. Council Member Pusley moved to approve the resolution, seconded by Council Member Suckley. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 14 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 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 Klein Absent: 1 - Council Member Campos Abstained: 0 Enactment No: 033290 35. 23-2068 Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $360,000,000 for Utility System expenditures budgeted in the Fiscal Year 2023-2024 Capital Improvement Plan but incurred before the issuance of the bonds. Mayor Guajardo referred to Item 35. Interim Director of Finance and Procurement Alma Casas presented information on the following topics: utility system revenue bonds; and utility funds to be reimbursed. There were no comments from the Council. Council Member Pusley moved to approve the resolution, seconded by Council Member Barrera. This Resolution 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 Suckley, Council Member Roy and Council Member Klein Absent: 1 - Council Member Campos Abstained: 0 Enactment No: 033291 P. BRIEFINGS: (ITEMS 36-37) 36. 24-0049 Corpus Christi Regional Economic Development Corporation (CCREDC) Fourth Quarter Update This Item was withdrawn. 37. 23-2059 Briefing from the Parks & Recreation Department regarding the 10-Year Parks & Recreation Master Plan This Item was withdrawn. Q. EXECUTIVE SESSION: (ITEMS 38-40) Mayor Guajardo referred to Executive Session Items 38-40. The Council went into Executive Session at 2:42 p.m. The Council returned from Executive Session at 3:55 City of Corpus Christi Page 15 Printed on 2/9/2024 City Council Meeting Minutes January 30, 2024 p.m. 38. 23-1987 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to collective bargaining matters in the Agreement with the Corpus Christi Professional Firefighters Association, Chapters 143 and 174 of the Texas Local Government Code, other collective bargaining agreements as necessary, including potential approval in open session of matters related thereto as necessary. This E-Session Item was discussed in executive session. 39. 24-0077 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to proposals the provision of groundwater from the Evangeline Aquifer and/or surface water, desalination, legal restrictions on & permits required for the provision of water (including groundwater), regulations of groundwater conservation district(s), TCEQ & EPA regulations related to water, state restrictions on rates and charges for utilities, other statutory restrictions on the issuance of debt and municipal contracting and potential contracting of consultants to assist in matters related to water/groundwater proposals This E-Session Item was discussed in executive session. 40. 24-0189 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, industrial district agreements, and Chapters 42, 43 and 212 of the Texas Local Government Code and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations This E-Session Item was discussed in executive session. R. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 6:02 p.m. City of Corpus Christi Page 16 Printed on 2/9/2024 From: CitySecretary To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 11-14-2023-John Weber Date: Monday,January 29,2024 8:25:44 AM From:Jotform<noreply@jotform.com> Sent: Saturday,January 27, 2024 2:14 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 11-14-2023 -John Weber [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of Meeting 11-14-2023 Name John Weber Address Street Address: 609 Naples St City: Corpus Christi State/Province: TX Postal/Zip Code: 78404 Topic Hillcrest Desalination and more Agenda Item Number 4„5,6,7,8,32,39,40 Describe Feedback: Not enough space. Please see attached document for written comments. Uploads: City 1.30.24 written.docx Provide an email to receive js_weber@hotmail.com a copy of your submission. Public Comment 1-30-2024 1 Date of Meeting 1/30/2024 Name Joe Trejo Address Street Address:1307 Madison St City:Alice State/Province:Tx Postal/Zip Code:78332 Topic Desalination Agenda Item Number 6,7,8 Describe Feedback: Fresh drinking water is life for our community to grow on and to attract needed influx of people into the area. Fresh water is required for not only this generation,but future generations for a good quality of life". Drought proof water supplies gives the Coastal Bend the foundation to grow and helps make sure there are good paying jobs and providing the public drinking water for the future. Please approve required meeting items to provide a sustainable water supply for Corpus Christi and all the surrounding areas. 2 Public Comment&Input Form Date of Meeting 1/30/2024 Name Janet Newcomb Address Street Address:Meadowlane Dr. City:Corpus Christi State/Province:TX Postal/Zip Code:78412 Topic Please vote NO to a taxpayer funded desalination plant Agenda Item Number 8-Apr Describe Feedback: I am against Corpus Christi taking out taxpayer loans to fund a desalination plant. I propose that the city council explore innovative approaches to funding water supply projects.Instead of burdening taxpayers with the sole responsibility of financing a desalination plant,we should consider engaging industrial stakeholders to contribute to the development and maintenance of water infrastructure.By incentivizing industries to invest in our community, we can alleviate the financial burden on taxpayers and ensure a fair distribution of costs.A desalination plant is too expensive for Corpus Christ tax payers to build and operate,and will have a negative environmental impact on our community.Therefore,it is essential to explore alternatives to desalination plants. 1.Rainwater harvesting 2.Greywater recycling 3.Wastewater treatment and reuse 4.Improved water management practices 5.Conservation and demand management In conclusion,please vote"no" Provide an email to receive a copy of your tropwatch36@vahoo.com submission. 3 Public Comment&Input Form Date of Meeting 1/30/2024 Name Mariah Boone Address Street Address:710 Ponder Street City:Corpus Christi State/Province:TX Postal/Zip Code:78404 Topic Stand with Hillcrest-No Desal! Agenda Item Number Na Describe Feedback: I am writing to express my opposition to the city's plan to build a desalination plant close to the homes of residents of the Hillcrest neighborhood.The residents of Hillcrest have already been subjected to far too much dangerous pollution,as well as risks from industrial accidents, from local refineries.It is unacceptable to continue harming the health of the neighborhood,and beyond unacceptable to cause them additional harm.I used to teach the children of Hillcrest at Driscoll Middle School.Their rates of asthma and other chronic illnesses were exceptionally high due to industrial pollution.The Driscoll Health Plan(with the hospital)had a map showing the correlation between the incidence of asthma and proximity to the industrial districts.Please do not build this plant.The residents of Hillcrest deserve better.Thank you. Provide an email to receive a copy of your lonestarma@rocketmail.com submission. 4 riput Form Date of Meeting 1/30/2024 Name Prachi Kala Address Street Address:Pennine Way Street Address Line 2:801 Navigation Blvd,Ste 300 City:Corpus Christi State/Province:Texas Postal/Zip Code:78408 Topic Desalination Agenda Item Number Agenda Item 6&7 Describe Feedback: With the increased rate of population in the Coastal Bend region and growing climate concerns,it is imperative to explore and implement more sustainable water supplies like desalination to provide security for present and future generations.Desalination in Coastal Bend will be local and reliable. Provide an email to receive a copy of your pkala@ardurra.com submission. 5 Public Comment&Input Form Date of Meeting 1/30/2024 Name Suraida Nanez-James Address Street Address:7326 Gold Ridge Rd City:Corpus Christi State/Province:TX Postal/Zip Code:78413 Topic Desalination Plant Agenda Item Number No agenda item number found Describe Feedback: I am writing in opposition of the city's plan to build a desalination plant close to the homes of residents,including our most vulnerable populations like the elderly and children)of the Hillcrest neighborhood.As a community member,a mother,and a trained marine ecologist,I have read the information on permitting and the science behind what will happen to our environment.This EXPERIMENTAL plant will harm the bay and the community. There is evidence to this provided my community experts.I am disappointed and concerned that as leaders in this community,most of the council has not been transparent and continues to push forward on something that is not for the majority.I am NOT against jobs or growth but I am against the destruction of our environment and the negligence to human health in communities that are historically targeted.Our community deserves better.The decisions we make today WILL affect our children and grandchildren and NO amount of money is worth that. Provide an email to receive a copy of your snaneziames@gmail.com submission. 6 Public Comment&Input Form Date of Meeting 1/30/2024 Name Stephanie Lewis Address Street Address:1109 Bradshaw Dr City:Corpus Christi State/Province:Texas Postal/Zip Code:78412 Topic Public Comment-NO DESAL,FIX MY ROADS Agenda Item Number n/A Describe Feedback: The coastal bend residents do NOT WANT a desalination plant(Lets vote on it!Because right now this is NOT democracy).This plant will pollute our bay past the point of no return,destroying tourism and the health of communities that live here.We are not confident in the science provided by you or the TCEQ that it is safe for our bay.This is a moment to reflect how we can conserve:our materials,our land,our water,our city funds.Capitalism is a cancerous disease that eats and eats and is never satisfied,until there is nothing left.YOU MUST BE THE ONES TO SAY STOP THIS CYCLE,SAY NO TO COPRORATE AND INDUSTRIAL LOBBYISTS.Don't let Corpus be another sacrifice zone in the United States.Let it set the example for how a city can be.Also PLEASE repave these roads(cough cough Lum neighborhood).Its astounding how you as a council are willing to spend$500 million on a plant that nobody wants,and yet there are so many issues here regarding crumbling infrastructure.Do better. 7 Public Comment&input Form Date of Meeting 1/30/2024 Name Jason Hale Street Address:4421 HAMLIN DR Address City:CORPUS CHRISTI State/Province:TX Postal/Zip Code:78411-3059 Topic Desalination,additional studies,hypoxia Agenda Item Number 24-0098 Hi Council Members,I am writing today to ask you to please put a hold on development of the desalination project due to environmental concerns.In 2019,the Port of Corpus Christi had an additional modeling project performed to confirm that the brine discharge would not result in damage to the Corpus Christi Bay ecosystem.To my knowledge, there has not been a study of this scope for the City's desalination plan.The reason this is important is because the Describe Feedback: location of the Port of Corpus Christi's desalination facility has strong currents that promote adequate mixing of the brine discharge.The mixing energy in the Corpus Christi Bay&at the Inner Harbor location is weak compared to the Harbor Island location.According to Dr.Ben Hodges at UT,this inadequate mixing energy can lead to a 10 inch layer of hypersaline water that causes hypoxia.Hypoxia is a concern for estuarine management;it causes stress on aquatic organisms&reduces benthic community numbers&diversity. Provide an email to receive a copy of your submission. positivelypositiv@yahoo.com 8 Public Comment&Input Form Date of Meeting 1/30/2024 Name Julie Travis Rogers Street Address:710 Furman Ave Address City:Corpus Christi State/Province:TX Postal/Zip Code:78404 Topic Desal &Democracy Agenda Item Number General For the record,I am opposed to a desalination plant in Hillcrest or anywhere in the Bay Area.If we must have a desal plant,build it on Gulf side,although what we really need is a change in our way of living and consumption of goods.Industry is not as much of the problem as we are.I am for peace,love and understanding.We have to learn to live sustainability and amicably with each other and the planet.As elected leaders,you have a responsibility to help us do that.Please lead the way to a better future with genuine democracy being a guiding light.When we have impactful decisions to make,let us vote on them or have more opportunity for community input and let the majority rule. 9 Public Comment&Input Form Date of Meeting 1/30/2024 Name Jason Hale Street Address:4421 HAMLIN DR Address City:CORPUS CHRISTI State/Province:TX Postal/Zip Code:78411-3059 Topic Desalination,additional studies,hypoxia Agenda Item Number 24-0072 Hi Council Members,I am writing today to ask you to please put a hold on development of the desalination project due to environmental concerns.In 2019,the Port of Corpus Christi had an additional modeling project performed to confirm that the brine discharge would not result in damage to the Corpus Christi Bay ecosystem.To my knowledge, there has not been a study of this scope for the City's desalination plan.The reason this is important is because the Describe Feedback: location of the Port of Corpus Christi's desalination facility has strong currents that promote adequate mixing of the brine discharge.The mixing energy in the Corpus Christi Bay&at the Inner Harbor location is weak compared to the Harbor Island location.According to Dr.Ben Hodges at UT,this inadequate mixing energy can lead to a 10 inch layer of hypersaline water that causes hypoxia.Hypoxia is a concern for estuarine management;it causes stress on aquatic organisms&reduces benthic community numbers&diversity. Provide an email to receive a copy of your positivelypositiv@yahoo.com submission. 10 Public Comment&Input Form Date of Meeting 1/24/2024 Name Jason Hale Street Address:4421 HAMLIN DR Address City:CORPUS CHRISTI State/Province:TX Postal/Zip Code:78411-3059 Topic Desalination,additional studies,hypoxia Agenda Item Number 24-0077 Hi Council Members,I am writing today to ask you to please put a hold on development of the desalination project due to environmental concerns.In 2019,the Port of Corpus Christi had an additional modeling project performed to confirm that the brine discharge would not result in damage to the Corpus Christi Bay ecosystem.To my knowledge, there has not been a study of this scope for the City's desalination plan.The reason this is important is because the location of the Port of Corpus Christi's desalination facility has strong currents that promote adequate mixing of the Describe Feedback: brine discharge.The mixing energy in the Corpus Christi Bay&at the Inner Harbor location is weak compared to the Harbor Island location.According to Dr.Ben Hodges at UT,this inadequate mixing energy can lead to a 10 inch layer of hypersaline water that causes hypoxia.Hypoxia is a concern for estuarine management;it causes stress on aquatic organisms&reduces benthic community numbers&diversity. Provide an email to receive a copy of your positivelypositiv@yahoo.com submission. 11 Public Comment&Input Form Date of Meeting 1/30/2024 Name Jason Hale Street Address:4421 HAMLIN DR Address City:CORPUS CHRISTI State/Province:TX Postal/Zip Code:78411-3059 Topic Desalination,additional studies,hypoxia Agenda Item Number 24-0073 Hi Council Members,I am writing today to ask you to please put a hold on development of the desalination project due to environmental concerns.In 2019,the Port of Corpus Christi had an additional modeling project performed to confirm that the brine discharge would not result in damage to the Corpus Christi Bay ecosystem.To my knowledge, there has not been a study of this scope for the City's desalination plan.The reason this is important is because the Describe Feedback: location of the Port of Corpus Christi's desalination facility has strong currents that promote adequate mixing of the brine discharge.The mixing energy in the Corpus Christi Bay&at the Inner Harbor location is weak compared to the Harbor Island location.According to Dr.Ben Hodges at UT,this inadequate mixing energy can lead to a 10 inch layer of hypersaline water that causes hypoxia.Hypoxia is a concern for estuarine management;it causes stress on aquatic organisms&reduces benthic community numbers&diversity. Provide an email to receive a copy of your positivelypositiv@yahoo.com submission. 12 Public Comment&Input Form Date of Meeting 1/30/2024 Name Joe Newcomb Street Address:Meadowlane Dr. Address City:Corpus Christi State/Province:TX Postal/Zip Code:78412 Topic vote NO on desalination Agenda Item Number 8-Apr My public comment today is to vote"NO"on the proposed desalination plant in Corpus Christi. The financial implications of this one of a kind desalination plant in the ship channel are significant and will put the Describe Feedback: citizens at great risk of financial ruins. This decision should be in the hands of the rate payers not city council. It is only fair that the industries that stand to benefit from increased water supply take the risk of this infrastructure. Please vote"No"on the city's plans to financially obligate Corpus Christi to pay for the proposed desalination plant Provide an email to receive a copy of your texas78412@gmail.com submission. 13 Public Comment&Input Form Date of Meeting 1/30/2024 Name Love Sanchez Street Address:Po box 60286 Address City:Corpus Christi State/Province:Texas Postal/Zip Code:78414 Topic Desalination Items Agenda Item Number 1111 Describe Feedback: The items regarding desalination should be individually voted on.What is happening is criminal and wrong.This council is suppose to be for the people.The people have spoken and you do not listen.This council is not for the people.It's an embarrassment that this council will be the reason our future generations will be in debt and our bay will be dead.NO DESAL ANYWHERE is the Indigenous Peoples of the Coastal Bend.we will not stop and we will protect this land and the water. 14 Public Com Date of Meeting 1/30/2024 Name Dorothy Pena Address Street Address:2114 Meadowpass Drive City:Corpus Christi State/Province:Texas Postal/Zip Code:78414 Topic Opposition to the Desalination project in the inner harbor(Hillcrest) Agenda Item Number Desalination Describe Feedback: I am opposed to the inner harbor desalination project and any desalination project anywhere in the Gulf.Our organization the Indigenous Peoples of the Coastal Bend is standing with our friends and allies from the Hillcrest Community in their struggle to preserve their homes,history,and culture,as this city tries to erase them like they did and continue to do to Indigenous peoples of this area.We also are fighting for the Gulf of Mexico and all our Relatives that live in and rely on and depend on us to be in right relationship with this land and water to which we are the stewards.Past councils and current have not taken that responsibility serious enough and have mismanaged this precious ecosystems and resources and are now relying on more complex systems of supporting industries instead of their responsibility to our community and future generations.It is also unethical and rather questionable to vote on a matter which hasn't even gone before TCEQ and the community for comment. Provide an email to receive a copy of your dorothy.pena33@izmail.com submission. Public Comment 1-30-2024-2nd listing 1 Date of Meeting 1/30/2024 Name Julie Travis Rogers Street Address:710 Furman Ave Address City:Corpus Christi State/Province:TX Postal/Zip Code:78404 Topic Advisory Library Board Appointment Agenda Item Number Board appointments For the record,I reached out to all elected officials asking you to appoint the preferred candidate to the CCPL Advisory Board which is a Friends of the Corpus Christi Public Libraries Board Member.Jennifer Anderson is the preferred candidate.As a member of the Friends, Describe Feedback: I recommend her along with the Friends Board.It is important to have proper communication between the CCPL Board&the Friends, which is the nonprofit group that helps to fund programs and resources for our libraries. so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting January 30, 2024 1852 Second Reading Ordinance for the City Council Meeting February 13, 2024 DATE: January 30, 2024 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2Ca)-cctexas.com (361) 826-1677 Ordinance abandoning, vacating, and closing 0.4132 acres of improved and unimproved public right-of-way identified as Mary Street CAPTION: Ordinance abandoning, vacating, and closing 0.4132 acres of improved and unimproved public right-of-way identified as Mary Street, also known as Bluett Avenue, between 19th street and 20th street in support of the Lamar Elementary School site project to develop affordable housing for seniors. SUMMARY: The purpose of this ordinance is to abandon, vacate and close a 0.4132 acres tract (18,000 square feet) of improved and unimproved portion of public right-of-way identified as Mary Street, as shown on the recorded plat in First Revised Plat of Block 2, and Lots 7,8,9, Block 1, Eckerd Addition, recorded in Volume 3, Page 47, of the Plat records of Nueces County, Texas and Second revised Plat of Block 1 of Eckerd Addition, recorded in Volume 4, Page 49, of the Plats Recorded of Nueces County, Texas. BACKGROUND AND FINDINGS: An ordinance was approved and passed by City Council on December 12, 2023, for the authorization for the City of Corpus Christi to execute a contract with TG 110 Inc. for the option purchase property located at or near 2212 Morris St, described as being a total of 3.47 acres (Exhibit A) and 0.41-acres subject to a road easement know as Mary Street. The proposal for the easement was to be abandoned as part of a 3.47-acre parcel of surplus land in exchange for $10 and maintenance of the property, for a period ending March 31, 2025,with such option exercisable upon receipt of a housing tax credit from the Texas Department of Housing and Community Affairs. Section 49-12 of the City Municipal Code provides the procedures for City Council to establish or close public streets, alleys, or other public ways. A request shall be filed with the City containing the description of the street, or portion thereof, to be opened, closed, or altered. The City of Corpus Christi filed a request to abandon, vacate and close a 0.4132 -acre portion of Mary Street, lying between 19th Street and 20th Street on December 8, 2023. A review of the request was conducted by City Departments and external Public Utility Companies. The request to close, abandon, and vacate public right-of-way was also considered by the Public during an open house in District 1 hosted by the Planning Department. If the street is approved to be abandoned, vacated, and closed, the area will be conditioned to: 1. Dedication of a 60' Utility Easement retained in favor of the City 2. Upon approval by City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located. 3. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. Abandoning, vacating, and closing Mary Street allows for the development of the property to create affordable housing for low-income senior households. ALTERNATIVES: This closure is in furtherance of the authorized sale of a 3.47 acre parcel of surplus land located at 2212 Morris Street for the development of affordable housing. FISCAL IMPACT: The developed property will be placed back on the property tax rolls at 50% of its value based on State Tax Law on affordable housing. All expenses of utilities relocation will be inherited by the developer. 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 to abandon, vacate and close a 0.4132 acres tract (18,000 square feet) of improved and unimproved portion of public right-of-way identified as Mary Street to serve in creating affordable housing for low-income senior households and with the conditions illustrated in the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit Map PowerPoint Presentation Ordinance abandoning, vacating, and closing 0.4132 acres of improved and unimproved public right-of-way identified as Mary Street, also known as Bluett Avenue, between 19th Street and 20th Street in support of the Mirabeau Lamar Elementary School site project to develop affordable housing for seniors. WHEREAS, City Council approved an Ordinance on December 12, 2023, to authorize a contract with TG 110, Inc to purchase the adjacent 3.47 acres to develop affordable senior housing; WHEREAS, the City of Corpus Christi is requesting the closure, abandonment and vacation of a portion of Public Improved and Unimproved Right of Way known as Mary Street (aka Bluett Avenue), between 19th Street and 20th Street; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate improved and unimproved public right-of-way identified as Mary Street (aka Bluett Avenue), between 19th Street and 20th Street, as shown in Exhibit A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City hereby closes, abandons and vacates improved and unimproved public right-of-way identified as Mary Street (aka Bluett Avenue), between 19th Street and 20th Street being approximately 0.4132 acres, less a 60' utility easement, expressly conditioned on TG 110's compliance with the conditions specified in Section 2 of this ordinance. SECTION 2. The closing, abandonment and vacation of a section of the improved and unimproved public right-of-way described in Section 1 of this ordinance is expressly conditioned upon TG 110's compliance with the following requirements: a. A 60' Utility Easement is retained in favor of the City. b. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located. c. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary VICKREY & ASSOCIATES, LLC CONSUL 1' 1NG ENGINhE1ZS EXHIBIT A PROPERTY DESCRIPTION FOR A 0.4132 OF AN ACRE PARCEL OF LAND Being a 0.4132 of an acre(18,000 square feet)portion of land out of the Enriquez Villareal Survey,Abstract 1, City of Corpus Christi, Texas, said 0.4132 of an acre tract of land being a portion of Mary Street, also known as Bluett Avenue, a 60-foot public right-of-way, as depicted in First Revised Plat of Block 2, and Lots 7, 8, and 9, Block 1, Eckerd Addition, recorded in Volume 3, Page 47, of the Plat Records of Nueces County,Texas, and Second Revised Plat of Block 1 of the Eckerd Addition, recorded in Volume 4, Page 49, of the Plat Records of Nueces County,Texas,said 0.4132 of an acre tract being more particularly described as follows,with all bearings being referenced to North American Datum of 1983,Texas Coordinate System, (2011 Adjustment, Epoch 2010.00) South Central Zone: BEGINNING at a set 1/2-inch iron rod with red cap stamped "VICKREY PROP. COR.", on the west right-of- way line of 191h Street, also known as Bula Street, a 60-foot public right-of-way, and the southeast corner of Lot 1, Block 2, of said First Revised Plat of Block 2, and Lots 7, 8, and 9, Block 1, Eckerd Addition, same point also being the northeast corner of said Mary Street and the northeast corner of the herein described tract; THENCE, South 01°31'53" East, along the west right-of-way line of said 191h Street, a distance of 60.00 feet, to set 1/2-inch iron rod with red cap stamped "VICKREY PROP. COR.", at the northeast corner of Lot 13, Block 1, of said Second Revised Plat of Block 1 of the Eckerd Addition, and the southeast corner of the herein described tract; THENCE, South 88°46'34"West, departing said west right-of-way line of 191h Street, along the south right- of-way line of said Mary Street, and the north line of said Block 1, a distance of 300.00 feet, to a set 1/2- inch iron rod with red cap stamped "VICKREY PROP. COR.", on the east right-of-way line of 201h Street, also known as Roy Street, a 60-foot public right-of-way, at the northwest corner of Lot 24 in said Block 1, for the southwest corner of the herein described tract; THENCE, North 01°31'53" West, along the east right-of-way line of said 201h Street, a distance of 60.00 feet, to a set 1/2-inch iron rod with red cap stamped "VICKREY PROP. COR.", at the southwest corner of Lot 12 in said Block 2, for the southwest corner of the herein described tract, from which a found 5/8" iron rod on the south right-of-way line of Marguerite Street, and at the northwest corner of Lot 23A, Block 2, of the First Revised Plat Eckerd Addition, recorded in Volume 27, Page 49, of the Map Records of Nueces County,Texas, bears North 01°31'53" West, a distance of 299.74 feet; R:\23-01798\Survey\metes and bounds\23-01798 0.4132 of an acre.docx/mr ©2023 Vickrey&Associates,LLC i_,40 Country Parkw ty• San Antonio,Texas 78216-2004.210-349-3271 •FAX 210-349-2561 Page 2 of 3 THENCE, North 88°46'34" East, departing said east right-of-way line of said 201h Street, along the north right-of-way line of said Mary Street, and the south line of Block 2 of said Eckerd Addition, at a distance of 74.62 feet, passing an found iron rod with an orange cap stamped " CITY OF CORPUS CHRISTI", at the southwest corner of Lot 8A, Block 2, of the Amending Replat of Eckerd Addition, recorded in Volume 67, Page 746, of the Map Records of Nueces County,Texas, and at a distance of 124.65 feet, passing a found 5/8" iron rod for the southeast corner of said Lot 8A, continuing for a total distance of 300.00 feet to the POINT OF BEGINNING and containing 0.4132 of an acre (18,000 square feet). Job No. 23-01798 December 26, 2023 A sketch of even date was prepared in conjunction with this property description. Certified on this 26th day of December 2023 Michael J. Vanderstappen Registered Professional Land Surveyor MICHAELJ. VANDERSTAPPEN ....... ....... Texas Registration No. 6594 �`•;9 6594 Pte; Vickrey&Associates LLC 12940 Country Parkway SUM San Antonio,Texas 78216 210-349-3271 TBPELS Firm No. 10004100 R:\23-01798\Survey\metes and bounds\23-01798 0.4132 of an acre.docx/mr ©2023 Vickrey&Associates,LLC C92..a FND. 5/8" IRON ROD RG LINE TABLE MAUERITE SITE a' STREET CITY OF CORPUS CHRISTI / 4 f (NO.2017178,O.P.R.) LINE BEARING LENGTH AG`VES IST. y� MAY 15,2023 LOT 23A LOT 23A, L7 S01.31'53"E 60.00' � BLOCK 2, N 2 FIRST REVISED PLAT CITY OF CORPUS CHRISTI,TEXAS L2 S88.46'34"W 300.00' on N ECKERD ADDITION "BLOCK 2,ECKERD ADDITION" VOL.27,PG.49, (DOC.NO.2023017178,O.P.R.)MAY 15,2023 L3 N0131'53"W 60.00' CITY OF 3 M.R.N.C.T. L4 N88.46'34"E 300.00' SC LE: 1"=50' CORPUS CHRISTI ih LOTS 1,2,3,4,5,6,7,10,11,12 AND LOT 8A, !� FND. IRON ROD ALL OUT OF BLOCK 2, !'1 (ORANGE AMENDING REPPLAT FIRST REVISED PLAT OF BLOCK 2,AND CAP-CITY OF OF ECKERD ADDITION LOTS 7,8,AND 9,BLOCK 1, VOL.67,PG.746, BLOCK 2 ECKERD ADDITION, MORGAN AVE. (N.T.S.) z CORPUS CHRISTI) M.R.N C.T. 3 2 1 VOL.3,PG.47,P.R.N.C.T. LOCA710N MAP 12 11 10 &A 7 6 5 4 END. 5/8" IR. P.O.B. 74.62' 50.03' EXISTING R.O.W. L4 W^ who w 30 0.4132 OF AN ACRE TRACT N (18,000 SQ.FT.) K N p ENRIQUEZ VILLAREAL J Z m N>-C1 M SURVEY MARY STREET n Z K j J ABSTRACT 1 A.K.A. �1Y O F BLUETT AVENUE N¢• (60'PUBUC R.O.W.) ¢ `P��ISTFR �y Y L`Z EXISTING R.O.W. MICHAEL J VANDERSTAPPEN SECOND REVISED FIRST REVISED BLOCK 1 q 6594 .. F O?!Pi Q'. 24 I 23 I 22 21 I 20 I 19 I 18 I 17 I 16 I 15 14 13 'VO S U FN`yO CITY OF CORPUS CHRISTI,TEXAS (DOC.NO.2023017177,O.P.R.)MAY 15,2023 I I I I FI�NQ 0 SET 1/2" IRON ROD WITH RED "ECKERD ADDITION" PLASTIC CAP STAMPED "VICKREY NOTES: ALL OF BLOCK 1 SECOND REVISED PLAT OF BLOCK 1 OF PROP COR" UNLESS OTHERWISE 1. BEARINGS ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 (2011 THE ECKERD ADDITION, NOTED ADJUSTMENT), EPOCH 2010.00, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL VOLR.N.0 O FOUND 1/2" IRON ROD UNLESS 49, OTHERWISE NOTED ZONE. I p.R.N.C.T. I R.O.W. RIGHT-OF-WAY 2. FIELD SURVEY WAS PERFORMED IN DECEMBER, 2023. SQ.FT. SQUARE FEET 3. THIS SURVEY WAS PERFORMED 1MTHOUT THE BENEFIT OF A TITLE COMMITMENT. O.P.R. OFFICIAL PUBLIC RECORDS ALL MATTERS OF RECORD MAY NOT BE SHOWN HEREIN. PROPERTY DESCRIPTION OF NUECES COUNTY, 4. A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EXHIBIT. TEXAS BEING A 0.4132 OF AN ACRE(18,000 SQUARE FEET) PORTION OF P.R.N.C.T. PLAT RECORDS OF NUECES LAND OUT OF THE ENRIQUEZ VILLAREAL SURVEY, ABSTRACT 1, COUNTY, TEXAS I, MICHAEL J. VANDERSTAPPEN, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CITY OF CORPUS CHRISTI, TEXAS, SAID 0.4132 OF AN ACRE M.R.N.C.T. MAP RECORDS OF NUECES CORRECT AND IS BASED ON AN ACTUAL SURVEY PERFORMED ON THE GROUND AND TRACT OF LAND BEING A PORTION OF MARY STREET, ALSO COUNTY, TEXAS UNDER MY SUPERVISION. KNOWN AS BLIN FI AVENUE, A 60-FOOT PUBLIC RIGHT-OF-WAY, AS DEPICTED IN FIRST REVISED PLAT OF BLOCK 2, AND LOTS 7, VOL. VOLUME 8, AND 9, BLOCK 1, ECKERD ADDITION, RECORDED IN VOLUME 3, PG. PAGE CERTIFIED ON THE 26Th' DAY OF DECEMBER, 2023 PAGE 47, OF THE PLAT RECORDS OF NUECES COUNTY, TEXAS, P.O.B. POINT OF BEGINNING AND SECOND REVISED PLAT OF BLOCK 1 OF THE ECKERD ADDITION, RECORDED INVOLUME 4, PAGE 49, OF THE PLAT SCALE BREAK RECORDS OF NUECES COUNTY, TEXAS. 12/26 SHEET 3 OF 3 � _DArED � _ __-- VICKREY&ASSOCIATES,LLC. MICHAEL J. VANDER APPEN �_T CONSLZTING ENGINEERS REGISTERED PROFESSIONAL LAND SURVEYOR r��` y CIVIL. ENVIRONMENTAL . SURVEY" TEXAS REGISTRATION N0. 6594 12940 Country Parkway VICKREY AND ASSOCIATES, LLC. San Antonio,TX 78216 MVANDERSTAPPEN®VICKREYLLC.COM Telephone:(210)349x271 TBPELS#10004100 ®2x23 DRAWN BY: AJS APPROVED BY: MJV R:\23-01798\Survey\dwg\23-01798 0.4132 AC EX.dwg VICKREY & ASSOCIATES, LLC CONSUL 1' 1NG ENGINhE1ZS EXHIBIT A PROPERTY DESCRIPTION FOR A 0.4132 OF AN ACRE PARCEL OF LAND Being a 0.4132 of an acre(18,000 square feet)portion of land out of the Enriquez Villareal Survey,Abstract 1, City of Corpus Christi, Texas, said 0.4132 of an acre tract of land being a portion of Mary Street, also known as Bluett Avenue, a 60-foot public right-of-way, as depicted in First Revised Plat of Block 2, and Lots 7, 8, and 9, Block 1, Eckerd Addition, recorded in Volume 3, Page 47, of the Plat Records of Nueces County,Texas, and Second Revised Plat of Block 1 of the Eckerd Addition, recorded in Volume 4, Page 49, of the Plat Records of Nueces County,Texas,said 0.4132 of an acre tract being more particularly described as follows,with all bearings being referenced to North American Datum of 1983,Texas Coordinate System, (2011 Adjustment, Epoch 2010.00) South Central Zone: BEGINNING at a set 1/2-inch iron rod with red cap stamped "VICKREY PROP. COR.", on the west right-of- way line of 191h Street, also known as Bula Street, a 60-foot public right-of-way, and the southeast corner of Lot 1, Block 2, of said First Revised Plat of Block 2, and Lots 7, 8, and 9, Block 1, Eckerd Addition, same point also being the northeast corner of said Mary Street and the northeast corner of the herein described tract; THENCE, South 01°31'53" East, along the west right-of-way line of said 191h Street, a distance of 60.00 feet, to set 1/2-inch iron rod with red cap stamped "VICKREY PROP. COR.", at the northeast corner of Lot 13, Block 1, of said Second Revised Plat of Block 1 of the Eckerd Addition, and the southeast corner of the herein described tract; THENCE, South 88°46'34"West, departing said west right-of-way line of 191h Street, along the south right- of-way line of said Mary Street, and the north line of said Block 1, a distance of 300.00 feet, to a set 1/2- inch iron rod with red cap stamped "VICKREY PROP. COR.", on the east right-of-way line of 201h Street, also known as Roy Street, a 60-foot public right-of-way, at the northwest corner of Lot 24 in said Block 1, for the southwest corner of the herein described tract; THENCE, North 01°31'53" West, along the east right-of-way line of said 201h Street, a distance of 60.00 feet, to a set 1/2-inch iron rod with red cap stamped "VICKREY PROP. COR.", at the southwest corner of Lot 12 in said Block 2, for the southwest corner of the herein described tract, from which a found 5/8" iron rod on the south right-of-way line of Marguerite Street, and at the northwest corner of Lot 23A, Block 2, of the First Revised Plat Eckerd Addition, recorded in Volume 27, Page 49, of the Map Records of Nueces County,Texas, bears North 01°31'53" West, a distance of 299.74 feet; R:\23-01798\Survey\metes and bounds\23-01798 0.4132 of an acre.docx/mr ©2023 Vickrey&Associates,LLC i_,40 Country Parkw ty• San Antonio,Texas 78216-2004.210-349-3271 •FAX 210-349-2561 Page 2 of 3 THENCE, North 88°46'34" East, departing said east right-of-way line of said 201h Street, along the north right-of-way line of said Mary Street, and the south line of Block 2 of said Eckerd Addition, at a distance of 74.62 feet, passing an found iron rod with an orange cap stamped " CITY OF CORPUS CHRISTI", at the southwest corner of Lot 8A, Block 2, of the Amending Replat of Eckerd Addition, recorded in Volume 67, Page 746, of the Map Records of Nueces County,Texas, and at a distance of 124.65 feet, passing a found 5/8" iron rod for the southeast corner of said Lot 8A, continuing for a total distance of 300.00 feet to the POINT OF BEGINNING and containing 0.4132 of an acre (18,000 square feet). Job No. 23-01798 December 26, 2023 A sketch of even date was prepared in conjunction with this property description. Certified on this 26th day of December 2023 Michael J. Vanderstappen Registered Professional Land Surveyor MICHAELJ. VANDERSTAPPEN ....... ....... Texas Registration No. 6594 �`•;9 6594 Pte; Vickrey&Associates LLC 12940 Country Parkway SUM San Antonio,Texas 78216 210-349-3271 TBPELS Firm No. 10004100 R:\23-01798\Survey\metes and bounds\23-01798 0.4132 of an acre.docx/mr ©2023 Vickrey&Associates,LLC C92..a FND. 5/8" IRON ROD RG LINE TABLE MAUERITE SITE a' STREET CITY OF CORPUS CHRISTI / 4 f (NO.2017178,O.P.R.) LINE BEARING LENGTH AG`VES IST. y� MAY 15,2023 LOT 23A LOT 23A, L7 S01.31'53"E 60.00' � BLOCK 2, N 2 FIRST REVISED PLAT CITY OF CORPUS CHRISTI,TEXAS L2 S88.46'34"W 300.00' on N ECKERD ADDITION "BLOCK 2,ECKERD ADDITION" VOL.27,PG.49, (DOC.NO.2023017178,O.P.R.)MAY 15,2023 L3 N0131'53"W 60.00' CITY OF 3 M.R.N.C.T. L4 N88.46'34"E 300.00' SC LE: 1"=50' CORPUS CHRISTI ih LOTS 1,2,3,4,5,6,7,10,11,12 AND LOT 8A, !� FND. IRON ROD ALL OUT OF BLOCK 2, !'1 (ORANGE AMENDING REPPLAT FIRST REVISED PLAT OF BLOCK 2,AND CAP-CITY OF OF ECKERD ADDITION LOTS 7,8,AND 9,BLOCK 1, VOL.67,PG.746, BLOCK 2 ECKERD ADDITION, MORGAN AVE. (N.T.S.) z CORPUS CHRISTI) M.R.N C.T. 3 2 1 VOL.3,PG.47,P.R.N.C.T. LOCA710N MAP 12 11 10 &A 7 6 5 4 END. 5/8" IR. P.O.B. 74.62' 50.03' EXISTING R.O.W. L4 W^ who w 30 0.4132 OF AN ACRE TRACT N (18,000 SQ.FT.) K N p ENRIQUEZ VILLAREAL J Z m N>-C1 M SURVEY MARY STREET n Z K j J ABSTRACT 1 A.K.A. �1Y O F BLUETT AVENUE N¢• (60'PUBUC R.O.W.) ¢ `P��ISTFR �y Y L`Z EXISTING R.O.W. MICHAEL J VANDERSTAPPEN SECOND REVISED FIRST REVISED BLOCK 1 q 6594 .. F O?!Pi Q'. 24 I 23 I 22 21 I 20 I 19 I 18 I 17 I 16 I 15 14 13 'VO S U FN`yO CITY OF CORPUS CHRISTI,TEXAS (DOC.NO.2023017177,O.P.R.)MAY 15,2023 I I I I FI�NQ 0 SET 1/2" IRON ROD WITH RED "ECKERD ADDITION" PLASTIC CAP STAMPED "VICKREY NOTES: ALL OF BLOCK 1 SECOND REVISED PLAT OF BLOCK 1 OF PROP COR" UNLESS OTHERWISE 1. BEARINGS ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 (2011 THE ECKERD ADDITION, NOTED ADJUSTMENT), EPOCH 2010.00, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL VOLR.N.0 O FOUND 1/2" IRON ROD UNLESS 49, OTHERWISE NOTED ZONE. I p.R.N.C.T. I R.O.W. RIGHT-OF-WAY 2. FIELD SURVEY WAS PERFORMED IN DECEMBER, 2023. SQ.FT. SQUARE FEET 3. THIS SURVEY WAS PERFORMED 1MTHOUT THE BENEFIT OF A TITLE COMMITMENT. O.P.R. OFFICIAL PUBLIC RECORDS ALL MATTERS OF RECORD MAY NOT BE SHOWN HEREIN. PROPERTY DESCRIPTION OF NUECES COUNTY, 4. A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EXHIBIT. TEXAS BEING A 0.4132 OF AN ACRE(18,000 SQUARE FEET) PORTION OF P.R.N.C.T. PLAT RECORDS OF NUECES LAND OUT OF THE ENRIQUEZ VILLAREAL SURVEY, ABSTRACT 1, COUNTY, TEXAS I, MICHAEL J. VANDERSTAPPEN, HEREBY CERTIFY THAT THIS PLAT IS TRUE AND CITY OF CORPUS CHRISTI, TEXAS, SAID 0.4132 OF AN ACRE M.R.N.C.T. MAP RECORDS OF NUECES CORRECT AND IS BASED ON AN ACTUAL SURVEY PERFORMED ON THE GROUND AND TRACT OF LAND BEING A PORTION OF MARY STREET, ALSO COUNTY, TEXAS UNDER MY SUPERVISION. KNOWN AS BLIN FI AVENUE, A 60-FOOT PUBLIC RIGHT-OF-WAY, AS DEPICTED IN FIRST REVISED PLAT OF BLOCK 2, AND LOTS 7, VOL. VOLUME 8, AND 9, BLOCK 1, ECKERD ADDITION, RECORDED IN VOLUME 3, PG. PAGE CERTIFIED ON THE 26Th' DAY OF DECEMBER, 2023 PAGE 47, OF THE PLAT RECORDS OF NUECES COUNTY, TEXAS, P.O.B. POINT OF BEGINNING AND SECOND REVISED PLAT OF BLOCK 1 OF THE ECKERD ADDITION, RECORDED INVOLUME 4, PAGE 49, OF THE PLAT SCALE BREAK RECORDS OF NUECES COUNTY, TEXAS. 12/26 SHEET 3 OF 3 � _DArED � _ __-- VICKREY&ASSOCIATES,LLC. MICHAEL J. VANDER APPEN �_T CONSLZTING ENGINEERS REGISTERED PROFESSIONAL LAND SURVEYOR r��` y CIVIL. ENVIRONMENTAL . SURVEY" TEXAS REGISTRATION N0. 6594 12940 Country Parkway VICKREY AND ASSOCIATES, LLC. San Antonio,TX 78216 MVANDERSTAPPEN®VICKREYLLC.COM Telephone:(210)349x271 TBPELS#10004100 ®2x23 DRAWN BY: AJS APPROVED BY: MJV R:\23-01798\Survey\dwg\23-01798 0.4132 AC EX.dwg Mal: Mary Street ROW Closure ,e:Planning and Cornrnu�eveloprner�Dep. nt,t6ugust 2023, Path C City of Corpus Christi, TX o °�- � Marguerite St 10 t4a1� M X39; 44 `38ti� X37,■145 56 t36�46� 14 13 12 090■7 06 OS 04 03 02 `47� 55 15 ' �r■ � X35. 33 �48� 53 52 51 ,., - .. ,; Mary rt32■49� 54' ��� so Mary St LEGEND '" No � e ® ROW Closure �' � Ol Owned by City of Corpus Christi 17�19� 5 B 16 18 20 21 Mor Morris St Morris St .� "' 22 �24 25 26 27 28 29 °D u.+ 0 250 50�eet N Coleman Ave Coleman Aue . -. v ZERO o600zi?• ................................ CORPUS CHRISTI Mary Street Street Closure Request City Council Presentation January 30, 2024 Ordinance ' Section. 49-12. - Petition to Council to Close, Abandon, Vacate, or Alter Streets, Alleys, Etc. • City Municipal Code provides procedures for an applicant to file a written application request to the Director of Public Works requesting that public right-of-way, or portion be closed, abandoned, vacated, or altered. • Right-of-Way shall be only abandoned if the right-of-way is not currently utilized or no longer needed for public use. 0 Background Council Action (Approved December 12th) • Applicant: City of Corpus Christi (Planning Department) • $10 Sale and Conveyance: • 3.47-acres parcel of Surplus land to TG 110 (former Lamar Elementary). • 0.41-acres Mary Street (proposed to be abandoned) 3 Street Closure Request � . • Official Application Submitted on 12/11/2023. • Abandon, vacate, and close a 0.41 acres of improved and unimproved public right-of-way identified as Mary Street. • The closure would allow for a future affordable housing development. • Internal/External Agencies provided comments including, Corpus Christi Water, Gas, Wastewater, and Stormwater. • Request for easement by Stormwater Department. Proposed Street Closure (s) (s) Street Closure Request � ;i Recommendation 40 • Close 0.41 acres of Mary Street (as requested) • $0 Fair Market Value • In lieu of the $10 payment approved on December 5, 2023 • Condition upon Petitioner to comply with the following: • Dedication of a 60' utility easement. • Upon approval of City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded in the real property Official Deed and Map Records of Nueces County, Texas. • Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. 6 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of January 30, 2024 1852 Second Reading Ordinance for the City Council Meeting of February 13,2024 DATE: January 30, 2024 TO: Peter Zanoni, City Manager FROM: Jeff Edmonds, P.E., Director of Engineering Services JeffreyE(a)-cctexas.com (361)826-3851 Nick Winkelmann, P.E., Interim Director of Water Systems and Support Services N ickW(aD-cctexas.com (361) 826-1796 Land exchange with the Port of Corpus Christi Authority CAPTION: Ordinance authorizing Real Property Exchange Agreement with the Port of Corpus Christi Authority and the conveyance and exchange of 1208 Peabody Avenue & 1622 Van Loan Avenue for 2011 Palm Drive & 2101 Van Loan Avenue and provide additional payment thereof in the amount of$3,000, located in Council District 1 with funding available from SWIFT Fund. SUMMARY: This action item will authorize Real Property Exchange Agreement with the Port of Corpus Christi Authority (PCCA) and provide additional payment in an amount of$3,000 due to the difference in the appraised fair market value of the properties. The properties exchanged are within the footprint to purchase properties from Flint Hill Resources for the Inner Harbor Seawater Desalination Treatment Plant. BACKGROUND AND FINDINGS: On December 20, 2022, City Council authorized the execution of a Real Estate Sales Contract for the purchase of 12.5 acres of land and 11 acres of easements from Flint Hills Resources in the vicinity of Nueces Bay Blvd and Broadway Street for the Inner Harbor Seawater Desalination Treatment Plant in an amount of$5,455,000. On August 29, 2023, City received a letter of interest from PCCA to acquire two City owned tracts of land located at 1208 Peabody Avenue & 1622 Van Loan Avenue and exchange for 2011 Palm Drive & 2101 Van Loan Avenue. PCCA agreed to pay for the appraisals for all four parcels. There is a $3000 difference in the appraised value that the City will pay in cash. Each party will pay its own closing and recording costs. Upon review with Corpus Christi Water, it was determined that the City would be interested in a land exchange with the PCCA to enhance land acquisition needed for the proposed desalination plant. ALTERNATIVES: The alternative is not to grant the property exchange. However, the properties are within the foot print to purchase properties from Flint Hill Resources for the Inner Harbor Seawater Desalination Treatment Plant. City will have to build the plant around the properties. FINANCIAL IMPACT: The fiscal impact in FY 2024 is an amount of$3,000 with funding available from the SWIFT Fund. FUNDING DETAIL: Fund: 2020C SWIFT Bd (Fund 4483) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Seawater Desalination (Project No. E15117) Account: Land and Right-of-Way CIP (550701) Activity: E15117-01-4483-EXP Amount: $3,000.00 RECOMMENDATION: Staff recommends authorizing Real Property Exchange Agreement with the Port of Corpus Christi Authority and the conveyance and exchange of 1208 Peabody Avenue & 1622 Van Loan Avenue for 2011 Palm Drive & 2101 Van Loan Avenue and provide additional payment thereof in the amount of$3,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Real Property Exchange Agreement PowerPoint Presentation REAL PROPERTY EXCHANGE AGREEMENT THIS REAL PROPERTY EXCHANGE AGREEMENT ("Agreement") is between City of Corpus Christi, a Texas home-rule municipality, with address of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 [referred to in this agreement as "City"] and the Port of Corpus Christi Authority of Nueces County with address of 400 Harbor Drive, Corpus Christi, Texas 78401 [referred to in this agreement as "PCCA"]. In consideration of the premises, mutual covenants, and agreements contained in this Agreement, City and PCCA covenant and agree as follows: ARTICLE 1 EXCHANGE Agreement to Exchange 1 .01 Subject to the terms, provisions, and conditions set forth in this Agreement, City agrees to convey to PCCA the property described as follows: First Tract NCAD Property ID: 244289 Legal Description: HILLCREST LTS 13 THRU 15 BILK 16 Common Address: 1622 Van Loan Avenue, Corpus Christi, TX 78407 And Second Tract NCAD Property ID: 200109606 Legal Description: HILLCREST LT 1 BILK 40 Common Address: Corpus Christi, TX 78407 together with all and singular the rights and appurtenances pertaining to the property to be conveyed to PCCA, any right, title, and interest of City in and to any improvements, fixtures, and personal property situated on and attached to the property to be conveyed to PCCA (all of the property, rights, and appurtenances that City agrees to convey referred to as "City Tract").(aII of the property, rights, and appurtenances that City agrees to convey referred to as "City Tract"). 1 .02 Subject to the terms, provisions, and conditions set forth in this Agreement, PCCA agrees to convey to City the properties described as follows: First Tract NCAD Property ID: 273260 Legal Description: NUECES BAY HTS LTS 12 THRU 14 BK 12 Common Address: 2011 Palm Drive, Corpus Christi, TX 78407 And Second Tract NCAD Property ID: 244216 Legal Description: HILLCREST LTS 1 THRU 3 BILK 10 Common Address: 2101 Van Loan Avenue, Corpus Christi, TX 78407 353980v2 Pagel together with all and singular the rights and appurtenances pertaining to the property to be conveyed to City, any right, title, and interest of PCCA in and to adjacent streets, alleys, or rights- of-way, and any improvements, fixtures, and personal property situated on and attached to the property to be conveyed to City (all of the property, rights, and appurtenances that PCCA agrees to convey referred to as "PCCA Tracts"). ARTICLE 2 CLOSING Date of Closing 2.01 Subject to the conditions of Paragraphs 2.01 and 2.02, the closing shall occur on or before 90 days from the effective date of this Agreement. The Effective Date of this Agreement is the date this Agreement is signed by the City. Place of Closing 2.02 The Closing shall be held at the offices of San Jacinto Title Services, 520 Lawrence St, Corpus Christi, Texas. Obligations at Closing of City Tract 2.03 At the Closing of City Tract the following events shall occur, each being a condition precedent to the other events and each being deemed to have occurred simultaneously with the other events: (a) City shall deliver to PCCA a duly executed and acknowledged Special Warranty Deed in the form attached hereto and incorporated herein as Exhibit "A" conveying good and marketable title in fee simple to all of City Tract, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions. (b) The City will provide, at PCCA's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies PCCA against any title defects or adverse claims. San Jacinto Title Services, Inc., 520 Lawrence Street, Corpus Christi, TX 78401 ("Title Company") is mutually selected as the Title Company of choice and must issue the title insurance policy. The title commitment for title insurance must be delivered to PCCA within 10 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. PCCA must object within 7 days of receipt of title commitment to matters disclosed in the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search. 2.04 All costs and expenses of closing in consummating the transfer of the City tract will paid by PCCA. This includes the Title Policy, escrow fee, documentation preparation fees and recording fees. Obligations at Closing of PCCA Tracts 2.05 At the Closing of PCCA Tracts, the following events shall occur, each being a condition precedent to the other events and each being deemed to have occurred simultaneously with the other events: 353980v2 Page 2 (a) PCCA shall deliver to City a duly executed and acknowledged Special Warranty Deed in the form attached hereto as Exhibit "A" conveying good and marketable title in fee simple to all of PCCA Tracts, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions. The deed to City by PCCA to contain the right of first refusal language set forth in Exhibit "A". (b) The PCCA will provide, at City's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies City against any title defects or adverse claims. San Jacinto Title Services, Inc., 520 Lawrence Street, Corpus Christi, TX 78401 ("Title Company") is mutually selected as the Title Company of choice and must issue the title insurance policy. The title commitment for title insurance must be delivered to PCCA within 10 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. City must object within 7 days of receipt of title commitment to matters disclosed in the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search. (c) City shall deliver payment of $3000.00 to PCCA. 2.06 All costs and expenses of closing in consummating the transfer of the PCCA tracts will paid by the City. This includes the Title Policy, escrow fee, documentation preparation fees and recording fees. ARTICLE 3 REPRESENTATIONS AND WARRANTIES City and PCCA each make the following representations and warranties, all of which will be true and correct as of the date hereof and as of the date of closing. By City 3.01 City has the absolute and unrestricted right, power and authority to execute and perform its obligations under this Agreement. City has no knowledge of any pending or threatened litigation, condemnation or assessment affecting the City Tract. Except as otherwise provided herein, City has no knowledge that the City Tract contains hazardous materials, underground storage tanks or is not in full compliance with all environmental laws. City has full and complete fee simple title to City Tract, subject only to the liens and encumbrances, if any, disclosed on the Title Commitment. No person, corporation or other entity has or, on the date of Closing, shall have any right or option to acquire the City Tract. City has not received any notice from any governmental agency regarding City's or the City Tract's noncompliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the City Tract. By PCCA 3.02 PCCA has the absolute and unrestricted right, power and authority to execute and perform its obligations under this Agreement. PCCA has no knowledge of any pending or threatened litigation, condemnation or assessment affecting the PCCA Tract. Except as otherwise provided herein, PCCA has no knowledge that the PCCA Tract contains hazardous materials, underground storage tanks or is not in full compliance with all environmental laws. PCCA has full and complete 353980v2 Page fee simple title to PCCA Tract, subject only to the liens and encumbrances, if any, disclosed on the Title Commitment. No person, corporation or other entity has or, on the date of Closing, shall have any right or option to acquire the PCCA Tract. PCCA has not received any notice from any governmental agency regarding PCCA's or the PCCA Tract's noncompliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the PCCA Tract. ARTICLE 4 BREACH OF THIS AGREEMENT 4.01 Breach by City. If City fails to fully and timely perform any of its obligations under this Agreement or fails to consummate the transfer of the City Tract for any reason, except PCCA's default, PCCA may: (1) enforce specific performance of this Agreement or (2) bring suit for damages against City. 4.02 Breach by PCCA. If PCCA fails to fully and timely perform any of its obligations under this Agreement or fails to consummate the transfer of the PCCA Tracts for any reason, except City's default, City may: (1) enforce specific performance of this Agreement or (2) bring suit for damages against PCCA. ARTICLE 5 MISCELLANEOUS 5.01 This Agreement may not be assigned without the express written consent of City and PCCA. 5.02 Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated by this Agreement, will survive the closing for a period of one (1) year. 5.03 Any notice required or permitted to be delivered under this Agreement will be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to either City or PCCA, as appropriate, at the address set forth in the heading of this Agreement. 5.04 This Agreement will be construed in accordance with the laws of the State of Texas, and all obligations of the parties created under this Agreement are performable in Nueces County, Texas. 5.05 This Agreement will be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns, as permitted by this Agreement. 5.06 In case any one or more of the provisions contained in this Agreement for any reason is held invalid, this invalidity will not affect any other provision of this Agreement, which will be construed as if the invalid or unenforceable provision had never existed. 5.07 This Agreement constitutes the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement. 5.08 Time is of the essence in this Agreement. 353980v2 Page 4 CITY OF CORPUS CHRISTI Jeff H. Edmonds, P.E. Date Director of Engineering Services APPROVED AS TO FORM: Assistant City Attorney PORT OF CORPUS CHRISTI AUTHORITY 12/21/2023 Kent A. Britton Date Chief Executive Officer 353980°2 Page 5 EXHIBIT "A" TO REAL PROPERTY EXCHANGE AGREEMENT SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF NUECES § THAT, (together with successors and assigns are herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid to Grantor by Grantee, the receipt and sufficiency of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do hereby GRANT, SELL and CONVEY unto (together with successors and assigns are herein called "Grantee") all of the following described property (the "Pro e "): a. Land. The real property (the "Land") located in Nueces County, Texas, and more partic- ularly described as follows: Insert legal description here b. Improvements. Grantor's right, title and interest in any improvements located on the Land (herein called the "Improvements"). C. Rights and Appurtenances. The benefits,privileges, easements,tenements,hereditaments and appurtenances on the Land or in anywise appertaining thereto, and any and all right, title and interest of Grantor in and to roads and rights-of-way adjacent to the Land (herein called the "Rights and Appurtenances"). d. Causes of Action for Iniury to the Property. In addition to the Property conveyed herein and as part of the consideration paid for the Property, Grantor hereby assigns, transfers and conveys to Grantee, all of its right, title and interest in and to any claims or causes of action it may have or that could be asserted against third parties arising out of any injury or damage to the Land accruing or occurring prior to the date of this Deed. This assignment includes and conveys unto Grantee, its successors and assigns, the full right and power to maintain an action against any such third party (but not in the name of Grantor), and to settle, compromise, or reassign any such claim and cause of action, and to give a release in full discharge of liability of the same. 1. Qualifications. This conveyance is made and accepted, however, subject to the following qualifications (the "Qualifications"): a. Reservation of First Right of Refusal. Grantee reserves the Right of First Refusal set forth in Section 3 of this deed. This Subsection is For Deed from PCCA to City only 35398Ov2 Page 6 EXHIBIT "A" TO REAL PROPERTY EXCHANGE AGREEMENT b. Exceptions. Any and all restrictive covenants, easements, and mineral interests, if any, held or owned by others, relating to the Property described herein, but only to the extent they are still in effect and are shown of record in Nueces County, Texas. C. Other Matters. Visible and apparent, but unrecorded easements, if any; rights of parties in possession, if any; prescriptive rights; encroachments or overlapping of improvements; and discrepancies, conflicts or shortages in area or boundary lines; and lack of or impaired access. d. Laws and Regulations. All laws and regulations affecting the Property, including zoning laws,platting laws,environmental laws and municipal and governmental ordinances and regulations, relating to the Property. e. Taxes. The liens for all governmental assessments, standby fees and ad valorem taxes for the year 2024, the payment of which is hereby assumed by Grantee, together with the taxes and lien for subsequent assessments for 2024 and prior years due to change in land usage or ownership, or both, which Grantee also assumes and agrees to pay. 2. "As Is". Grantor conveys the Property and Grantee accepts the Property"AS IS"","WHERE IS" and"WITH ALL FAULTS". Grantor conveys the Property and Grantee accepts the Property "AS IS"" "WHERE IS" and "WITH ALL FAULTS". OTHER THAN THE SPECIAL WARRANTY OF TITLE CONTAINED HEREIN, GRANTORS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OF THE PROPERTY, OR ANY PART THEREOF. By acceptance hereof Grantees waive any and all such warranties, and acknowledge that in no event shall Grantors be liable for any consequential damages. Without limiting the generality of the foregoing, the conveyance of the Property is without any warranty relating to: (a) the condition of the Property or any element thereof, including, without limitation, warranties related to suitability for habitability, merchantability or fitness for a particular purpose; (b) the nature or quality of construction, structural design and engineering of the Property; (c) the quality of the labor and materials included in the Property; (d)the presence of wetlands on the Property; or (e)the soil conditions, drainage, utilities or other conditions existing at the Property with respect to any particular purpose, developmental potential or otherwise. Grantee expressly waives, to the extent allowed by law, any claims under federal, state or other law that Grantee might otherwise have against Grantor relating to the condition of the Property. Grantee further hereby acknowledge that Grantee is relying solely upon Grantee's own physical inspection of the Property and not any statements, oral or written, which may have been made by Grantor or any of Grantor's agents, employees or contractors, in consummating the conveyance of the Property. Grantor is not liable or bound in any manner by any oral or written statements, representations, or information pertaining to the Property furnished by any real estate broker, agent, employee, servant or other person, unless the same are specifically set forth or referred to in the real estate contract between Grantor and Grantee. Grantee further acknowledges and agrees that this provision was a material factor in the determination of the purchase price for the Property. Grantee waives and releases Grantor and Grantor's successors and assigns from any liability to Grantee and Grantee's successors and assigns, for the condition of the Property, known or unknown, present and future, including liabilities, if any, due to the existence, now or hereafter, of any wetlands, hazardous materials or hazardous substances, on the Property and due to the existence, now or hereafter, of a violation, if any, of any Laws and Regulations. Section 3 is For Deed From PCCA to City only 35398Ov2 Page 7 EXHIBIT "A" TO REAL PROPERTY EXCHANGE AGREEMENT 3. Reservation of right of First Refusal. a. Right of First Refusal. In the event Grantor desires to subsequently sell or otherwise transfer all or any part of its ownership interest in the Property to any person or entity, other than to parent, subsidiary, or affiliate of Grantee, Grantor shall have the option and right to acquire,in the aggregate,the entire ownership interest proposed to be sold or otherwise transferred("Option Interest") for the same consideration and on the same terms and conditions as agreed upon between the Grantee and the proposed transferee. Grantee shall serve written notice of its intention to sell or otherwise transfer the Option Interest, specifying in full the offer received from a bona fide purchaser or proposed transferee ("Buyer"), including the consideration and other terms thereof, upon Grantor("Grantee's Notice") at least forty-five (45) days prior to the date on which the intended sale or other transfer is to be consummated. Grantor shall have the option to lease or acquire the Option Interest thereof exercisable by serving written notice of intention to exercise upon Grantee within thirty (30) days after service of the Grantee's Notice. Failure of Grantor to exercise the option shall be conclusively deemed to be an election not to acquire the Option Interest. b. Non-cash Consideration.If the consideration to be paid by the proposed Buyer of the Option Interest shall consist,in whole or in part, of property other than cash,the Grantee shall specify the cash equivalent value of such property in the Grantee's Notice to Grantor. In the case of non-cash consideration, the cash equivalent value shall mean the fair market value of such consideration on the day prior to the day of the Grantee's Notice. In the event of a dispute between Grantor and Grantee of the fair market value of any Non-cash Consideration,Grantor and Grantee shall jointly select an appraiser to appraise the fair market value of any Non-cash Consideration. The appraisal shall be determinative of the value of any Non-cash Consideration. The cost to hire any jointly selected appraiser shall be split equally between the Parties. In the event the parties are unable to agree on an appraiser, then the appraiser shall be appointed by a court of competent jurisdiction. C. Time for Completion of Acquisition of Option Interest.The acquisition of the Option Interest by Grantee shall be fully consummated within sixty(60)days following the date upon which all notices required to be given hereunder have been duly served. d. Failure to Exercise Option. If the Grantor fails to exercise its option to acquire, the Option Interest,then Grantee shall be free to sell or otherwise transfer the Option Interest,upon the terms and conditions set forth in the Grantee's Notice. If such sale or other transfer is not consummated on substantially the same terms and conditions and by the proposed date of transfer specified in the Grantee's Notice, then Grantor's right of first refusal shall be reinstated on the same terms as provided for herein. e. Scope of Right of First Refusal. The provisions of the Right of First Refusal set forth in Section 3 of this deed shall not apply to transfers or conveyances of the Option Interest to a parent,subsidiary, or affiliate of Grantee ("Affiliated Conveyances"); provided however the Right of First Refusal shall be fully binding upon each transferee of Affiliated Conveyances. Notwithstanding the forgoing, Grantee shall notify Grantor of all Affiliated Conveyances by serving Grantor with copies of all Affiliated Conveyances. f. Waiver or Modification of Right of First Refusal. The terms and provisions of section 3 of this Deed may not be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the parties hereto; provided, however, either party may waive in writing a requirement of the other. 35398Ov2 Page 8 EXHIBIT "A" TO REAL PROPERTY EXCHANGE AGREEMENT TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, Grantee's successors and assigns, forever; and Grantor hereby binds Grantor, Grantor's successors and assigns, to warrant and forever defend all and singular the Property unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise (the "special warran , of title"), subject to the Qualifications referenced herein. However, this conveyance is made with full substitution and subrogation of Grantee in and to all covenants and warranties by others heretofore given or made with respect to the Property or any part thereof. This Special Warranty Deed("Deed")may be executed in any number of counterparts, all of which shall be construed together as an original instrument to the same extent and with like effect as though all the parties hereto had executed each counterpart. The parties specifically agree that the execution and acknowledgment pages from the several counterparts may be aggregated into one counterpart for recordation and other purposes. If less than all of the parties named herein execute this Deed, then this Deed will nevertheless be effective as to those parties whose signature and acknowledgment pages are attached hereto. Signature Page Immediately Follows DATED the day of , 2024. GRANTOR: By: Printed Name: Title: 35398Ov2 Page 9 EXHIBIT "A" TO REAL PROPERTY EXCHANGE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2024, by of , acting on behalf of said NOTARY PUBLIC, State of Texas Grantee Vgnature Page Immediately Follows 35398Ov2 Page 10 EXHIBIT "A" TO REAL PROPERTY EXCHANGE AGREEMENT GRANTEE: By: NAME, TITLE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2024, by NOTARY PUBLIC, State of Texas AFTER RECORDING RETURN TO: GRANTEE'S ADDRESS: 35398Ov2 Page 11 Ordinance authorizing Real Property Exchange Agreement with the Port of Corpus Christi Authority for the conveyance and exchange of 1208 Peabody Avenue& 1622 Van Loan Avenue for 2011 Palm Drive & 2101 Van Loan Avenue, located in Council District 1. WHEREAS, per § 272.001(b)(5) of the Texas Local Government Code, the fair market value of the land has been determined by an appraisal, and the City is not selling for less than the fair market value; and WHEREAS, the City is acquiring property from the Port of Corpus Christi to further its mission to provide water for affordable housing. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a Real Property Exchange Agreement to convey City properties located at 1208 Peabody Avenue and 1622 Van Loan Avenue in exchange for Port of Corpus Christi parcels located at 2011 Palm Drive & 2101 Van Loan Avenue. SECTION 2. That the City Manager or designee is authorized to convey to the Port of Corpus Christi property located at 1208 Peabody Avenue, Legal Description HILLCREST LT 1 BLK 40. SECTION 3. That the City Manager or designee is authorized to convey to the Port of Corpus Christi property located at 1622 Van Loan Avenue, Legal Description HILLCREST LTS 13 THRU 15 BLK 16. SECTION 4. That the City Manager or designee is authorized to pay the Port of Corpus Christi $3000.00 as additional consideration. SECTION 5. That the City Manager or designee is authorized to execute the deeds, closing documents and other related documents necessary to complete the exchange and convey the property. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary SC G� OIk F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of January 30, 2024 xss2 Second Reading for the City Council Meeting of February 13, 2024 DATE: January 30, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 3029 Sabinas Street CAPTION: Zoning Case No. 1223-01 , Thanksgiving Homes (District 2). Ordinance rezoning a property at or near 3029 Sabinas Street from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-TH" Townhouse District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to allow for the construction of a residential infill development (8 dwellings). BACKGROUND AND FINDINGS: The subject property is a 0.80-acre tract of 5 platted lots within the Dunbar Subdivision west of Port Avenue, south of Baldwin Boulevard, and west of Airport Road, zoned "RS- 6/SP" Single-Family 6 District with a Special Permit that allowed a, now vacant, daycare center. The subject parcel is surrounded by an established residential subdivision from the 1940s, zoned "RS-6" Single-Family 6 District. Except for the Dunbar Subdivision, EI Rey and Carver are non-conforming subdivisions (in lot width and area) zoned "RS-6" Single-Family 6 District with low-density residential uses. The "RS-TH" Townhouse District allows smaller dwelling units than typically occurs in single-family zoning districts. This zoning district is appropriate for infill development as well as for a transitional area from residential to nonresidential areas. The request is to allow for the construction of a residential infill development of eight (8) single-family dwellings similar to the recent Pineda Park residential development by Thanksgiving Homes, an affiliate of the Corpus Christi Housing Authority (CCHA), which selects infill lots, particularly those that may have been problematic over time, for residential development to increase homeownership across a selected group of the population to help with the housing needs of the community. The proposed rezoning is consistent with the Future Land Use Map and is consistent with the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: 54 were mailed within 200-foot notification area, and 6 outside notification area. As of January 26, 2024.- In 024:In Favor In Opposition 1 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. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommend approval of the change of zoning from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-TH" Townhouse District on January 10, 2024. Vote Results For: 6 Against: 0 Absent: 2 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1223-01, Thanksgiving Homes (District 2) Ordinance rezoning a property at or near 3029 Sabinas Street from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-TH" Townhouse 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 Lots 19-23, Block A, Dunbar, as shown in Exhibit A, from: the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-TH" Townhouse District. The subject property is located at or near 3029 Sabinas Street. Exhibit A, a map , is 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 superseded. 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. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of ' 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A A - o�,y g�R sT R,S-6 RS-6 Is/j6 SUBJECT PROPERTY T�RCT` �oNST CSN- 1 c� CASE: 1223-01 cerPDS . N SUBJECT PROPERTY WITH ZONING _ ctAfi Subject Property A-1 AQanment Hausc Dimct Fi Limited Industrial Drnna - AAA. Apar l House DI—t 1-2 L,.h+dM W DIN A-2 0.panment Rause Di utmt 1-3 --y Industrial DIvpC - A8 Prpleszional OMce DisMct PUD Planned Unit Development t AT Apartment-T n4 D— R-IA one Family D a Tfi B DI— - B-1 Neiphbwha Business D+shiat R-t8One Family Da Ift Disviq suA' B-tA N"hhwfiood 8—Diseect R-IC Ont Family D—IhN D�a B-2 eayhont Busl s D— R-2M-Pp D-1119 Dlsinnt j 9-2A. Bamer Js B.--Distncl RA One Fainly Dweffiw D- 0-3 Bua— D.— RE Resido.t Eu to Dl— SUBJECT` Ise c—Ba D.— R-TH T louse D..exlrrB Dismal PROPERTY B,5 Pn'msry Business Ostrict SP Special Permh � � - 0 9 Prtmary Bvsmess f DSMct -A T—T-I,Part D— — 'r BD Caryus Chireh Beach De OIL T-IB ManuPsaured Home Park D—a 5 F-R Farm Rural Dema r-Ic Manuracn,red Home sacar.isiori City ofi ,: Esri.HERE Corpus �,e,LOCATION MAP HC Histrnical-Culwral Landmark District 't -- Prexervararn Christi Page 3 of 3 ZONING REPORT Case # 1223-01 Applicant & Subject Property District: 2 Owner: Thanksgiving Homes Applicant: Thanksgiving Homes Address: 3029 Sabinas Street, located along the west side of Sabinas Street, south of Dunbar Street, west of Greenwood Drive, north of Tarlton Street, and east of Carver Drive. Legal Description: Lots 19-23, Block A, Dunbar Acreage of Subject Property: 0.80 Acre Pre-Submission Meeting: October 25, 2023 Zoning Request From: "RS-6/SP" Single-Family 6 District with a Special Permit To: "RS-TH" Townhouse District Purpose of Request: To allow for the construction of a residential infill development (8 dwellings) Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6/SP" Single-Family Commercial Medium-Density Residential with a Special Permit North "RS-6" Single-Family Low-Density Residential Medium-Density Residential "RS-6" Single-Family, Low-Density Residential, South "CN-1" Neighborhood Vacant Medium-Density Residential Commercial East "RS-6" Single-Family Low-Density Residential Medium-Density Residential West "RS-6" Single-Family Low-Density Residential Medium-Density Residential Plat Status: The property consists of 5 platted lots. A land subdivision request must precede the building permit if amendment request is approved. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None Code Violations: None Transportation and Circulation Designation Section Proposed Section Existing Sabinas Street One-Lane & On- One-Lane & On-Street "Local " Residential Street Parking, Parking, 50 feet 50 feet Transit: The Corpus Christi RTA provides service to the subject property via Routes 21 Arbo/eda and 37 Crosstown. Stops for Route 21 Arbo/eda are located along the east side of Carver Drive and South of Dunbar Street heading north. Route 37 Crosstown has stops, south- and north-bound, at Dunbar Steet and Greenwood Drive, and Tarlton Street and Greenwood Drive. Bicycle Mobility Plan: The subject property is approximately 50 feet away from a proposed Bike-Boulevard along Sabinas Street and, equally, from a One-Way-Cycle-Track on Tarlton Street. Utilities Gas: A 2-inch WS line exists along the rear of the property. Stormwater: A 48-inch RCP line exists along the west side of Sabinas Street. Wastewater: An 8-inch VCP line exists along the east side of Sabinas Street. Water: A 6-inch ACP line along the rear property line. Corpus Christi Comprehensive Plan (Plan CC) 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 Westside Area Development Plan (Adopted on January 10, 2023). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 54 within a 200-foot notification area 6 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner (s)) Public Hearing Schedule Planning Commission Hearing Date: January 10, 2024 City Council 1St Reading/Public Hearing Date: January 30, 2024 City Council 2nd Reading Date: February 13, 2024 Background: The subject property is a 0.80-acre tract of 5 platted lots within the Dunbar Subdivision west of Port Avenue, south of Baldwin Boulevard, and west of Airport Road, zoned "RS-6/SP" Single- Family 6 District with a Special Permit that allowed a, now vacant, daycare center. The subject parcel is surrounded by established residential subdivision from the 1940s, zoned "RS-6" Single-Family 6 District. Except for the Dunbar Subdivision, EI Rey and Carver are non- conforming subdivisions (in lot width and area) zoned "RS-6" Single-Family 6 District with low- density residential uses. The "RS-TH" Townhouse District allows smaller dwelling units than typically occurs in the single family zoning districts. This zoning district is appropriate for infill development as well as for a transitional area from residential to nonresidential areas. The request is to allow for the construction of a residential infill development of eight (8) single- family dwellings similar to the recent Pineda Park residential development by Thanksgiving Homes, an affiliate of the Corpus Christi Housing Authority (CCHA), who selects infill lots, particularly those that may have been problematic over time, for residential development to increase home ownership across a selected group of the population to help with the housing needs of the community. Plan CC (City of Corpus Christi Comprehensive Plan) and ADP (Area Development Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Corpus Christi sustains and maintains established neighborhoods. ■ Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. ■ Support exploration of local nonprofit Community Development Corporations, which can assist in revitalizing neighborhoods through affordable housing and commercial development, job creation initiatives, neighborhood planning and advocacy. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Promote the stabilization, revitalization, and redevelopment of older neighborhoods. ■ 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. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Westside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with vision themes and policy initiatives of the Westside ADP and with the FLUM's designation of Medium-Density Residential. • Continue to promote infill residential development. o Support housing agencies that build new homes in existing neighborhoods. • Encourage the development of various housing types to meet housing needs at multiple income levels. 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 consistent with many goals of Plan CC (City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium- Density Residential. • The westside area lacks diversity in its housing options. Its constituents expressed a need for affordable housing; primarily single-family. Thanksgiving Homes has identified the subject parcel as an ideal infill development opportunity that could expand such options. o The subject property, within an established neighborhood, has been vacant for many years. The infrastructure to support the development already exists. • The Pineda Park residential development, the precedent to the subject case, has been deemed to be Thanksgiving Homes' most successful affordable housing development. o In determining whether to approve the subject case, staff has considered potential UDC amendments to help promote a development similar to Pineda Park, which will increase affordable housing availability. • The proposed development is keeping in character with adjacent and neighboring properties and density and will not have a negative impact on the surrounding uses and neighborhood. • The Townhouse District is determined to be ideal for infill developments. Planning Commission and Staff Recommendation: 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, Planning Commission and staff recommend approval of the change of zoning from the "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-TH" Townhouse District. Attachment: (A) Existing Zoning and Notice Area map. (A)Existing Zoning Map and Notice Area d o�N g�R ST R.S-6 RS-6 S Aa -16 S UBJEC�T PR,OPERITY Tp 4R�NST z` GUg4�`�p�� CASE: 1223-07 SUBJECT PROPERTY WITH ZONING ® s Subject Property A-t A4—Kase Disvlet V-1 L-dn d IrWustrial D—.A-tA Apartment H--Distract �2 Leght enJ-b,J D.w4 A-2 Apartment Hwse Distract 1-3 Heavy bxWstriai Dl—t AB Prvtessional Office D.islria PUD Planned Unit Develupment AT Apa,tmem-T dst Divria R-IA One F—ly D-15Diwio B-1 Nelghbwilood Business District RAB One Family Dw,knp Disvia B-tA Neignb"n Business D—t RAC One Family D—fl.g Distri. B-2 Bayt—,Baynes 0, t R-2 Muldpe D—Il g Dtsma .r &2A Family Dyel Distrix &3 Bus,rress Disutet RE Readentral Estate Dlstricl SUBJECT B-A Genera Business D— H-TH Tovmhmese Dwedirtg Dislna PROPERTY <� B5 P,unary Business District SP Speaa Permit B-9 Primary Bnsmese C D.—I T_lA Tma Trate,PaM D,s — — BD corpusChnabBeathDesignD.L T-tB Manufaau HomePaAiD.— City of i-sri,HERE ` F-R Farm R_1 D— T-1C ManulaYured H—Subdivision Corpus LOCATION MAP HC HisloricaiCul9aral LandmarM Distad Ch1-I StI P,eservatwn Zoning Case 1223-01 Thanksgiving Homes District 2 a Rezoning for a property at or near 3029 Sabinas Street From the "RS-6/SP" Single-Family 6 with a Special Permit To the "RS-TH" Townhouse District cn"si, SUBJECT = PROPERTY �^i4P � e Y PROPERTY C of Esri,HERE J '.F CO Jill, LOCATION MAP C.hiisii City Council January 30, 2024 Zoning and land Use Proposed Use: To allow for a residential infill development(8 dwellings). MAY-01-1950 R.S-6 R5-6 Area Development Plan (ADP): MAY-15-1979 Westside (January 10, 2023) Future Land Use Map: =P Medium-Density Residential SUBJECT Existing Zoning: PROPERTY "RS-6/SP" Single-Family 6 District with a Special Permit Adjacent Land Uses: r,, Tc North: Low-Density Residential (Zoned "RS-6) N� C South: Low-Density Residential, Vacant (Zoned "RS-6" AUG-21-1950 R N & "CN-1") G4� East: Low-Density Residential (Zoned "RS-6") • West: Low-Density Residential(Zoned RS-6) Public Notification 54 Notices mailed inside the 200-foot buffer T 20 19 6 Notices mailed outside the 200-foot buffer R.S-6 RS-6 21 18 z2 17 23 37 Notification Area 16 24 36 15 F 35 19 / yC; 39 Opposed: 0 (0%) 13 33 32 Separate Opposed Owner(s) (0) 12 SUBJECT 31u PROPERTY 0 19 25 8 0 27 9 T+R In Favor: 1 (1 .28%) ftX26_, N 6 5 9 "Notified property owner's land in SQF/Total square footage 1 .ST of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation • The proposed rezoning is consistent with many goals of Plan CC (City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. • The westside area lacks diversity in its housing options. Its constituents expressed a need for affordable housing; primarily single-family. Thanksgiving Homes has identified the subject parcel as an ideal infill development opportunity that could expand such options. o The subject property, within an established neighborhood, has been vacant for many years. The infrastructure to support the development already exists. • The Pineda Park residential development, the precedent to the subject case, has been deemed to be Thanksgiving Homes' most successful affordable housing development. o In determining whether to approve the subject case, staff has considered potential UDC amendments to help promote a development similar to Pineda Park, which will increase affordable housing availability. • The proposed development is keeping in character with adjacent and neighboring properties and density, and will not have a negative impact on the surrounding uses and neighborhood. • The Townhouse District is determined to be ideal for infill developments. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police m i ke m a(o-)-cctexas.co m 361-886-2601 Brett Van Hazel, Director of Asset Management b rettvh(ucctexas.com 361-826-3273 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a-)cctexas.com (361) 826-3169 Two-Year Service Agreement for Upfitting for Police Vehicles for the Corpus Christi Police Department CAPTION: Motion authorizing execution of a two-year service agreement with Dana Safety Supply, of Harlingen, Texas, through the Buyboard Cooperative, for installation of parts and equipment for 36 additional police vehicles in an amount up to $695,829.16, with FY 2024 funding of $128,002.49 from the Crime Control Fund, $430,765.06 from the Fleet Equipment Replacement Fund, and $137,061.61 from the General Fund. SUMMARY: This motion authorizes a two-year service agreement for the installation of parts and equipment for 34 additional Chevrolet Tahoes and two additional F-150 Responders for the Corpus Christi Police Department (CCPD). BACKGROUND AND FINDINGS: The proposed two-year service agreement will allow for the purchase of upfitting kits for the installation of parts and equipment for 36 additional police vehicles that were ordered in FY 2023. The upfitting kits include accessories and equipment such as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounts. The proposed two-year agreement also provides a warranty for the upfitting kits and associated equipment. The timeframe to upfit the 36 additional police vehicles is estimated to take approximately six weeks. Dana Safety Supply, Inc.'s nearest location is in Harlingen, Texas. The police vehicles will be delivered to the location in Harlingen for the upfitting services to be completed. Once the services are completed, the police vehicles will be delivered back to CCPD and placed into service. This is the same process that was used with the previous provider of upfitting services for CCPD's police vehicles. Previously, CCPD had a service agreement with Cap Fleet Upfitters, of Houston, Texas, for an amount up $557,980.28; however, Cap Fleet Upfitters was sold and purchased by a new owner. After the change of ownership, the level of service that CCPD received dropped significantly. In March 2023, CCPD had turned over numerous Chevrolet Tahoes to Cap Fleet Upfitters for upfitting services but had only received two back through the end of the year. In December 2023, Cap Fleet Upfitters notified CCPD that it was no longer prioritizing CCPD vehicles and that it needed to increase its hourly rate beyond what was agreed upon ($50 per hour) as part of the service agreement with the City. As a result of the decreased service quality and increased pricing, the City terminated its service agreement with Cap Fleet Upfitters. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. There are only four companies in Texas that are certified to perform these services for police vehicles. None of the four companies are local. Due to this fact, and because of the expediency needed to place police vehicles into service, the City has continued to use purchasing cooperatives as its source for police vehicle upfitting services. Procurement staff compared the savings on the BuyBoard Cooperative contract to another cooperative offering similar services. Staff found the BuyBoard Cooperative to have the greatest discount. Below is a summary table showing the discount percentages between the BuyBoard Cooperative and Tx Smart Buy. Tx Smart Buy BuyBoard Minimum Discount 1 22% 35% The proposed agreement's pricing is 3.8% lower than the previous agreement, resulting in savings of $26,283.19. The table below compares the proposed agreement to the previous agreement. Item Previous Contract Dana Safety Supply Variance to MSRP Chevrolet Tahoe Patrol Unit $682,108.00 $665,727.82 $16,380.18 Ford F150 Patrol Unit $17,354.59 $12,356.77 $4,997.82 Ford F150 Supervisor Unit $22,649.76 $17,744.57 $4,905.19 $722,112.35 $695,829.16 $26,283.19 ALTERNATIVES: The alternative is not to approve the two-year service agreement to purchase the vehicle upfitting kits; however, this will mean that the necessary equipment will not be installed into the 36 additional police vehicles. Without the necessary equipment installed, the police vehicles will not be able to be placed into service. FISCAL IMPACT: The fiscal impact for the Fleet Equipment Fund in FY 2024 is $430,765.00, and $128,002.49 from the Crime Control in FY 2024 and $137,061.61 from the General Fund. FUNDING DETAIL: Fund: 5111 Fleet Equipment Replacement Organization/Activity: 11701 Project # (CIP Only): N/A Account: 550020 Amount: $430,765.06 Fund: 9010 Crime Control Organization/Activity: 11717 Project # (CIP Only): N/A Account: 550020 Amount: $128,002.49 Fund: 1020 General Organization/Activity: 11740 Project # (CIP Only): N/A Account: 520090 Amount: $137,061.61 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with Dana Safety Supply, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet SC G° a 0 H SERVICE AGREEMENT NO. 5621 U Upfitting for Police Vehicles yeanaonn!e 1852 THIS Upfitting for Police Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Dana Safety Supply, Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Upfitting for Police Vehicles in response to Request for Bid/Proposal No. Buyboard 698-23 ("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 Upfitting for Police Vehicles ("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 two years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $659,829.16, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 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: Captain Russell Sherman Police Department Phone: 361-826-1697 RussellS@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 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 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: Captain Russell Sherman Police Captain - Fleet/Impound 321 John Sartain, Corpus Christi, Texas 78401 Phone: 361-826-1697 Fax: 361-826-4447 IF TO CONTRACTOR: Dana Safety Supply, Inc Attn: Maria Rivera Senior Territory Sales - Haringen Texas 5002 Logans Run, Harlingen, TX 78550 Phone: 281-728-1400 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 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 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 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 CONTRACTOR Signature: Printed Name: Title: Date: 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. BuyBoard 698-23 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 ATTACHMENT A: SCOPE OF WORK 1.1. General Requirements/Background Information The Contractor shall provide upfitting services for 36 Police vehicles. Upfitting is the term used to describe the installation of accessories and equipment customized for police-marked units. 1.2. Scope of Work A. The Contractor shall provide upfitting services to include, but is not limited to, such items as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates. B. The Contractor shall supply and install upfitting kits for the use in: a. (34) 2023 Chevrolet Tahoe Patrol Units b. 2023 Ford F150 Police Responder Patrol Unit c. 2023 Ford Fl 50 Police Responder Supervisor Unit C. Installation of the upfitting equipment will be performed offsite in accordance with applicable, current, and recognized standards. D. The Contractor shall not come onto City property to perform the installation. E. City staff will provide the delivery and return of the vehicles selected for upfitting. F. Work shall be scheduled to begin within one week after all equipment is received by the vendor and the City has been notified. G. The Contractor shall complete six vehicles a week until all vehicles are completed. Revised 1 1.30.20 Page 1 of 1 .mUs c,� G� O� A UATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI 1852 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 2023 Chevrolet Tahoe Patrol Units - Upfitting Kit and Labor per Buyboard 34 EA $19,580.23 $665,727.82 Coop Contract 689-23 2023 Ford F 150 Police Responder Patrol Unit - Upfitting Kit and Labor per 1 EA $12,356.77 $12,356.77 Buyboard Coop Contract 689-23 2023 Ford F 150 Police Responder Supervisor Unit - Upfitting Kit and Labor 1 EA $17,744.57 $17,744.57 per Buyboard Coop Contract 689-23 TOTAL $695,829.16 COMPANY: NAME OF PERSON AUTHORIZED TO SIGN: ADDRESS: CITY / STATE/ZIP: PHONE: EMAIL: FAX: DATE: SIGNATURE: TITLE: THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 1 of 1 RFQ Revised 4.19.2019 ATTACHMENT C: INSURANCE 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: $1 ,000,000 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 $1 ,500,000 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 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 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 required for this Agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services -Services Performed Offsite O1/01 /2023 Risk Management - Legal Dept. ATTACHMENT D: WARRANTY REQUIREMENTS Warranty is lifetime and covers the workmanship (wiring on the aftermarket, and installation of the parts.) The manufacture warranty covers the items that are not installed in the vehicle. Page 1 of 1 RFQ Revised 4.14.2014 City of Corpus Christi Price Sheet Finance - Procurement Upfitting for Police Vehicles Buyer: Desirree Ortiz BuyBoard Contract: 698-23 Dana Safety Supply, Inc. Greensboro, North Carolina Item Description Qty Cost Total 1 2023 Chevrolet Tahoe Patrol Units 34 $19,580.23 $665,727.82 2 2023 Ford F150 Police Responder $12,356.77 $12,356.77 Patrol Unit 1 3 2023 Ford F150 Police Responder $17,744.57 $17,744.57 Supervisor Unit 1 Total $695,829.16 SC ` o� � v NCORPOR I AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Nick Winkelmann, Interim Director of Water Systems and Support Services NickW(a)cctexas.com (361) 826-1796 Drew Molly P.E, Corpus Christi Water Chief Operating Officer DrewM(a)cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply agreement for the purchase of Liquid Chlorine in Rail Car CAPTION: Motion authorizing execution of a one-year supply agreement, with a one-year option, with Brenntag Southwest, Inc. of Lancaster, Texas, in an amount not to exceed $2,600,000.00, with a potential amount of$5,200,000.00 if the option is exercised, for the purchase of liquid chlorine delivered by rail car, with FY 2024 funding of $1,700,000.00 from the Water Fund. SUMMARY: This is a supply agreement for liquid chlorine for the O.N. Stevens Water Treatment Plant. Chlorine is used to disinfect the water and make it safe for public consumption. BACKGROUND AND FINDINGS: Chlorine is the disinfectant used during the water treatment process. Disinfection is required by state and federal regulatory agencies and is done at the beginning of the treatment process to reduce organic nutrients in the raw water. Chlorine is also added to provide a final disinfection polishing before distribution to the City's water system. Chlorine is delivered to the O.N. Stevens Water Plant in 90-ton rail cars. Average chlorine usage results in approximately forty-five (45) days per rail car. Corpus Christi Water (CCW) and the Engineering Department are currently working on Capital Improvement Project No. E21104 to replace the existing chlorine system with an on-site sodium hypochlorite generation system. The RFP to furnish the generation equipment has been advertised. The construction bid is expected to be issued in Spring 2024. The current contract is with PVS DX Inc., formerly DPC Industries, Inc. of Corpus Christi, Texas. This existing contract had a term of one-year with an option to extend for a one 12-month period at a chlorine cost of $1 ,895.00 per ton. This contract also includes 240 days of detention charges incurred at a cost of $100.00 per day and are charged if the rail car is in the City's possession for more than 30 days. It is expected that a total amount of $5,000,000 will be spent for the current contract. PROCUREMENT DETAIL: Finance & Procurement conducted the Request for Bids process to obtain competitive bids. The City received two responsive, responsible bids. Staff is recommending the award to the lowest responsible bidder, Brenntag Southwest, Inc. The chlorine cost in the submitted bid package is $1,650.00 per ton. The cost for detention was provided for 240 days at 100.00 per day. The chlorine cost in this bid is $245.00 less per ton as compared to the existing contract of $1 ,895.00 per ton. Under the terms of the agreement, Chlorine pricing can fluctuate as per the IHS Markit Index, which is a subsidiary of S&P Global, utilizing the submitted bid pricing as the base. The detention pricing will remain the same throughout the term of the contract. ALTERNATIVES: There is no feasible alternative to meet production demand. Not using chlorine will result in a failure to protect the public from harmful conditions in the water and will result in regulatory noncompliance violations with the Environmental Protection Agency and the Texas Commission on Environmental Quality. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY2024 is $1 ,700,000.00. FUNDING DETAIL: Fund: 4010 Water Fund Organization/Activity 31010 Stevens Filter Plant Mission Element 045 Water Project # (CIP only) N/A Account: 520010 Purification Chemicals Amount: $1 ,700.000.00 RECOMMENDATION: Staff recommends approval of this agreement authorizing the execution of a one-year supply agreement with an additional one-year option with Brenntag Southwest, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#5394 Senior Buyer:Cynthia Perez Liquid Chlorine in Rail Car Brenntag Southwest,Inc. PVS DX,Inc. Lancaster,Texas Corpus Christi,Texas 1-Year ITEM Description Unit OTY Unit Price Total Price Unit Price Total Price Liquid Chlorine in 90 Ton Rail Car 1 Manufacturer:Occidental Chemical Number of free days for tank cars:30 Tons 1,440 $ 1,650.00 $ 2,376,000.00 Liquid Chlorine in 90 Ton Rail Car 1 Manufacturer:Westlake Number of free days for tank cars:30 Tons 1,440 $ 1,860.00 $ 2,678,400.00 2 Rail Car Detention charge after free days Days 240 $ 100.00 $ 24,000.00 $ 150.00 $ 36,000.00 TOTAL $ 2,400,000.00 $ 2,714,400.00 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F CUs G� > SUPPLY AGREEMENT NO. 5394 U Liquid Chlorine in Rail Car fhaaaoRp 1852 THIS Liquid Chlorine in Rail Car Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Brenntag Southwest, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Liquid Chlorine in Rail Car in response to Request for Bid No. 5394 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response 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 Liquid Chlorine in Rail Car 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. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. 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 one additional one-year period ("Option Period"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. (A) This Agreement is for an amount not to exceed $2,600,000.00, subject to approved extensions, increases and decreases in commodity pricing, and any changes mutually desired by both parties. 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. (B) To provide certainty and for the avoidance of doubt, the pricing index to be used by the parties is stated in Attachment B, and the pricing methodology to be used is as follows: (1) For the term of this Agreement, the unit price of the products will be a fixed price that is adjusted quarterly. The price adjustment dates are April Supply Agreement- Brenntag Southwest (chlorine via rail) Page 1 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F 1 st, July 1 st, October 1 st, and January 1 st of each calendar year (each being an "Adjustment Date"). A price adjustment calculation will be established on or about March 15th, June 15th, September 15th, and December 15th of each calendar year (each being an "Adjustment Calculation Date") for the new pricing term. (2) The adjustment amount shall be calculated by the Contractor as follows: (a) On the Adjustment Calculation Date, Contractor shall record the prices as shown on the I.H.S. Markit Chlor-Alkali USGC (United States Gulf Coast) contract price ("Monthly Price") for each month in the preceding quarter. A copy of the applicable pricing page from each report must be provided by the Contractor upon request of the Contract Administrator. (b) On the Adjustment Calculation Date, Contractor shall calculate the price per liquid ton for the next quarterly pricing term of the Agreement by performing the following calculation: Step 1 : On the Adjustment Calculation Date, the Monthly Price low and high number for the preceding quarter shall be added together and divided by six (in order to average the index costs) to arrive at the new material averaged index price. Step 2: The new material averaged index price will next have the previous material averaged index price subtracted from it in order to determine the change in cost of the material. The unit price will decrease or increase according to the cost change. (3) Notice of a change in the unit price shall be provided by the Contractor to the City. For illustrative purposes, a pricing example is included, with "T" meaning a ton, as follows: February 2023: material averaged index price for quarter is $1 ,032/T March, 2023: liquid material delivered to City is $520/T May, 2023: material averaged index price for quarter is $1,082/T $1,082/T - $1,032/T = $50/T change in averaged index price for material The new unit price, effective June 1, 2023, is the March 1 st price of $520/T + product price adjustment of $50/T = new unit price of $570/T. (C) Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Any Supply Agreement- Brenntag Southwest (chlorine via rail) Page 2 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F 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: Diana Zertuche-Garza Corpus Christi Water Phone: (361 ) 826-1627 Email: DianaZ@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any Supply Agreement- Brenntag Southwest (chlorine via rail) Page 3 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F costs incurred, including additional costs over the item's bid 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. 9. Quality/Quantity Adjustments. Any 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 and specifications are prohibited without the prior written approval of the Contract Administrator, including any such substitution or deviation which directly or indirectly pertains to any change in the manufacturer as required in the City's RFB for this product and as contained in the bid response submitted by Contractor; refer to Exhibit 1 of this Agreement. 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 products 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 providing the Goods, 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. Supply Agreement- Brenntag Southwest (chlorine via rail) Page 4 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F 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: Diana Zertuche-Garza, Contracts/Funds Administrator 13101 Leopard Street, Corpus Christi, TX 78410 Phone: (361) 826-1627 Fax: (361 ) 826-4495 IF TO CONTRACTOR: Brenntag Southwest, Inc. Attn: W. Thomas Crain, Jr., President 704 E. Wintergreen Rd., Lancaster, TX 75134 Phone: (972) 218-3500 Fax: (972) 218-3501 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 Supply Agreement- Brenntag Southwest (chlorine via rail) Page 5 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F 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. Reserved; inapplicable. 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; Supply Agreement- Brenntag Southwest (chlorine via rail) Page 6 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F 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. 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement- Brenntag Southwest (chlorine via rail) Page 7 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F CONTRACTOR L�_ cuSigned by: Signature: 7A1_11. A- Printed Name: W. Thomas Crain, Jr. Title: President Date: 2/6/2024 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 5394 Exhibit 2: Contractor's Bid Response Supply Agreement- Brenntag Southwest (chlorine via rail) Page 8 of 8 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F Attachment A- Scope of Work 1.1 General Requirements/Background Information A. The Contractor shall supply liquid chlorine in 90-ton rail cars as per Scope of work. Liquid chlorine defined as the commercially available form of liquefied elemental chlorine gas for tank cars. B. The liquid chlorine will be used in treatment of potable(drinking) water. C. The liquid chlorine must conform to: 1 . American National Standards Institute (ANSI) /American Water Works Association Standards for Liquid Chlorine (AWWA) B301-18 or latest revision. 2. American National Standards Institute/National Sanitation Foundation Institute Standards for Drinking Water Treatment Chemical- Health Effects, ANSI/NSF 60 or latest revision. 3. Conformance to ANSI/NSF 60 or latest revision shall be obtained by certification of this product by an agency recognized by the Texas Commission on Environmental Quality. 1.2 Liquid Chlorine Manufacturer A. The Contractor shall supply liquid chlorine from the manufacturer mentioned in the Bid form. During the term of the contract, if the Contractor decides to change the manufacturer, then the Contractor shall submit liquid chlorine report by an approved laboratory according to specification ANSI/AWWA B301-18 or latest revision and Safety Data Sheet (SDS) to the Contract Administrator for approval. B. The Contractor shall give a minimum of 30 days to the City to approve the new liquid chlorine manufacturer. The Contractor shall continue with the current manufacturer until the new manufacturer gets approved. C. The City has the right to return the rail car if the Contractor sends the liquid chlorine from an unapproved manufacturer that does not match what was listed on your bid form, or if the City determines the condition of the railcar could create potentially hazardous conditions. The Contractor shall replace the rail car within the timeline established by the Contract Administrator. 1.3 Delivery A. The City will place orders for liquid chlorine in 90-ton rail cars at approximately 30 days intervals throughout the contract period. However, in case of unforeseen circumstances, the City may order extra cars or not place an order in a month. Revised 1 1.30.20 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F B. The Contractor shall deliver the material with a lead time of less than or equal to 21 days. In unusual circumstances, the City will accept a lead time of 30 days. C. Delivery is to be made in a rail car to the City of Corpus Christi O.N Stevens Water Treatment Plant (ONSWTP) Railroad Spur, 13101 Leopard St, Corpus Christi, Texas 78410. Delivery hours are to be determined by the Contractor and the rail company. D. A Safety Data Sheet (SDS) must be provided to the City prior to shipping the product and along with the product. E. The Contractor shall provide an affidavit of compliance, by manufacturer, stating that at the time of loading, the liquid chlorine furnished under the release order, complies with all applicable requirements of ANSI/AWWA B301-18 and ANSI/NSF 60 shall be provided to the City of Corpus Christi, Plant Manager, 13101 Leopard St, Corpus Christi, Texas 78410. 1.4 Ownership City's ownership of the Liquid Chlorine in tank cars shall begin, and Contractor ownership shall cease, upon arrival and acceptance of the tank car at the unloading rack at the O.N. Stevens Water Treatment Plant. 1.5 Testing The City of Corpus Christi reserves the right to have the product supplied tested at any time during the Contract period. An independent laboratory would do such testing. Failure to meet specification shall result in the testing rate costs to be paid by the Contractor. 1.6 Container A. The Contractor shall supply Liquid Chlorine in railway tank cars. B. The Contractor shipping containers for Liquid chlorine shall conform to the standards to railcars originating in the United States regardless of origin of railcar. 1 . This includes Code of Federal Regulations, Title 49 Subtitle B Chapter 1 Pipeline Hazardous Materials Safety Administration, Department of Transportation, Subchapter C- Hazardous Materials Regulations, Part 180. Continuing Qualification and Maintenance of Packaging Subpart F. Qualification and Maintenance of Tank Cars Section 180.509. Requirements for inspection and test of specification tank cars. 2. This requirement must be understood and will be upheld by the City. C. Railcars with secondary patches on the railcar's saddle within a reasonable amount and size will be allowed. If there are substantial patches, a report must be sent to ONSWTP from the railcar owner stating that the car has been inspected Revised 1 1.30.20 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F and complies with the standards applicable to railcars originating in the United States regardless of origin. D. Railcars that do not meet satisfactory condition will be rejected and sent back to the Contractor at the Contractor's expense. The Contractor shall replace the acceptable rail car within timeline established by the Contract Administrator. The Contract Administrator will establish the timeline depending on the inventory of the liquid chlorine. The Contractor must follow the timeline given by the Contract Administrator during the term of the contract. E. The Contractor shall send containers that are reconditioned and maintained in accordance with the latest edition of "Container Procedure at Chlorine Packaging Plants" issued by the Chlorine Institute Inc. The Contractor shall carefully examine the container for leakage, damage and corrosion before delivery. F. The Contractor shall provide NSF stamps with the company's name and NSF identifier must be on all documentation that is sent to ONSWTP. G. All chlorine containers shall have legible tags securely attached which, in addition to the information routinely furnished, shall indicate the following container history: 1 . Date of last visual inspection in accordance with Compressed Gas Association, Inc standards. 2. Date the valves were overhauled 3. Date the fuse plugs were tested and/or renewed 4. Date the container was last cleaned 1.7 Inspection The City of Corpus Christi reserves the right to make unannounced inspection of the Contractor's plant and facilities at any time, in order to ensure proper cleaning of chlorine containers and proper preventative maintenance and testing of chlorine containers and regulators. 1.8 Safety Measures A. The Contractor will be responsible for emergency service and/or normal maintenance. B. The Contractor shall assure that in case of emergency condition, trained emergency crews and equipment shall be made available on a 24-hour basis. C. The Contractor shall assure that in case of non-emergency condition, remedial maintenance shall be performed on existing problem within 24 hours of a receipt of maintenance problem call. Revised 1 1.30.20 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F Attachment B - Bid/Pricing Schedule ogyus cgs, o� CITY OF CORPUS CHRISTI H CONTRACTS AND PROCUREMENT BID FORM NORPnPPS Ea Is52 RFB No. 5394 Liquid Chlorine in Rail Car Date: January 9, 2024 Authorized Bidder: Brenntag Southwest, Inc. 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 1 -Year Unit Price Total Price Qty. 1 Liquid Chlorine in 90 Ton Rail Tons 1 ,440 $ 1,650.00/Ton $ 2,376,000.00 Car Manufacturer: Occidental Chemical Number of free days for rail car detention: 30 2 Rail Car Detention charge Days 240 $ 100.00/Day $ 24,000.00 After free days Total $ 2,400,000.00 * Price is subject to Quarterly Price Adjustments beginning April 1, 2024 and Quarterly thereafter based on Chlorine Low Contract USGC as reported by IHS. DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F 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 has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of this Exhibit. (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence Revised 1 1.30.20 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F 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 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. 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. Revised 1 1.30.20 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F ■ 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. 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 Utilities Chemical Delivery of Chlorine Railcar 10/23/2023 Risk Management - Legal Dept. Revised 1 1.30.20 DocuSign Envelope ID:AE5EA795-EC99-465C-88C9-D5EB75E4563F Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." se G� O'1 +-� H V oRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a-)cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts & Procurement JoshC2�cctexas.com (361) 826-3169 Environmental Systems Research Institute License and Support Maintenance CAPTION: Resolution authorizing execution of a new master agreement and Amendment No. 1 with Environmental Systems Research Institute, Inc. (ESRI), of Redlands, California, for software licensing and support of the City's geographic information system (GIS) for a three-year, auto-renewable term in the amount of$750,000.00, with FY 2024 funding of $250,000.00 from the Information Technology Fund. SUMMARY: This resolution authorizes a three-year Enterprise Agreement with ESRI for the license and support maintenance of ESRI products. BACKGROUND AND FINDINGS: We are seeking to renew existing ESRI products. This software is used to support the City's Geographic Information System (GIS) and is integrated with mission-critical applications. These maps and layers represent spatial information of the City's infrastructure and are used by Utilities, Gas, Public Works, Street, Health, Engineering, Public Safety, Development Services, Emergency Operations Center, and other departments in their daily operational functions. GIS applications and data are used for locating addresses for 911, locating and identifying equipment for maintenance and repair through Maximo work order system, platting and planning future projects, providing GIS reports and maps for contractors, providing GIS information for the consent decree which include water lines and equipment including air release valves, manholes, and other items, and for locating fire hydrants for repair and maintenance. Software must be maintained to allow for improvements and to ensure it stays compatible with integrated systems. The current agreement for software licenses, maintenance, and support is expiring. The GIS Web Maps and Apps rely on this licensing to continue to function. Some examples of these Apps/Webmaps are: COVID Dashboard, Water Restrictions Dashboard, Public Health Reports Dashboard, Storm Water Fee, Zoning Case Tracker, Short Term Rental Dashboard. GIS Maps are also heavily used during critical emergency events such as hurricanes, winter storms or heavy rain events. PROCUREMENT DETAIL: This is a sole source purchase. ESRI is the sole manufacturer of ESRI products. ALTERNATIVES: No alternatives. FISCAL IMPACT: The fiscal impact for Information Technology Department in FY 2024 is $250,000. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: 40440 IT GIS Department: 23 Information Technology Project # (CIP Only): n/a Account: 520105 Computer software RECOMMENDATION: Staff recommends approval of this resolution as presented. LIST OF SUPPORTING DOCUMENTS: Amendment #1 Enterprise Agreement - upon request Price Sheet - upon request Resolution authorizing execution of a new master agreement and Amendment No. 1 with Environmental Systems Research Institute, Inc. (ESRI), of Redlands, California, for software licensing and support of the City's geographic information system (GIS) for a three-year, auto-renewable term in the amount of $750,000.00, with FY 2024 funding of$250,000.00 from the Information Technology Fund. WHEREAS, ESRI products are used to support the City's GIS data used by Corpus Christi Water, Gas, Engineering, Public Safety, Development Services, and other departments in addition to the City's Emergency Operations Center; and execution of a new master agreement and Amendment No. 1 to the existing enterprise agreement are necessary to provide for the continued accurate and efficient delivery of City services; 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 a new master service agreement and Amendment No. 1 to the existing enterprise agreement with Environmental Systems Research Institute, Inc., for a three-year, auto-renewable term to provide licensing and support for $750,000.00, with FY 2024 funding of$250,000.00 from the Information Technology Fund. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado ESRI License & Support Maintenance Sole Source Environmental Systems Research Institute, Inc. Redlands, California Item Description Qty Price 1 Year 1-ESRI License & Support Maintenance 1 $250,000.00 2 Year 3-ESRI License & Support Maintenance 1 $250,000.00 3 Year 2-ESRI License & Support Maintenance 1 $250,000.00 Total 1 $750,000.00 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: 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(aDcctexas.com (361) 826-3169 Amendment #2 Upgrade a Cisco Network Analytic Software Application CAPTION: Motion authorizing execution of Amendment #2 to the co-op agreement with Great South Texas Corp, dba Computer Solutions, to upgrade a Cisco network analytic software application for $52,358.40, with a revised total amount of $1 ,876,637.34, with FY 2024 funding of $26,179.20 from the Information Technology Fund. SUMMARY: This motion authorizes an amendment to the Cisco Enterprise DIR Agreement with Great South Texas Corp dba Computer Solutions, which has a local office in the City of Corpus Christi and is a woman-owned HUB vendor. BACKGROUND AND FINDINGS: The Information Technology Department Cisco Enterprise Agreement provides access to the Cisco Advanced Essentials application. Upgrading to the Cisco Advanced Advantage application provides the Information Technology Department with enhanced analytical tools to support infrastructure and operations, automating several procedures currently performed manually by Information Technology personnel. Time is of the essence when responding to system issues, and this automation will provide faster response times. This Enterprise Agreement is being facilitated through Great South Texas Corp, dba Computer Solutions. The City has worked with Great South Texas Corp. for almost ten (10) years. They have a local office that can provide direct support on any related software issues, which provides an additional benefit to the City. PROCUREMENT DETAIL: This procurement is being facilitated through the DIR Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Information Technology in conjunction with the Procurement division of Finance examined pricing by other cooperative contracts and service offerings to find the most cost-effective option for the City. Below is a chart that demonstrates the published discount rates from the cooperative contracts that were examined: Omnia Partners, DIR and Computer Solutions pricing in conjunction with DIR. The published discount rate displays the maximum discount the cooperative can apply to the total cost. Great South Texas Corp, dba Computer Solutions is a locally off iced, woman-owned HUB vendor, that provided a published discount rate of 36% and is adding an additional 18% discount to the City, which makes the Computer Solutions DIR contract procurement the best decision. Cooperative Published Discount Rate Omnia Partners 36% DIR Cooperative 36% Computer Solutions (DIR) 54% ALTERNATIVES: City Council may choose to not approve or delay consideration of this item. Disapproval or delay could result in negative impacts to the City of Corpus Christi by keeping this response process as a manual process. FISCAL IMPACT: The fiscal impact for IT in FY 2024 is an amount not to exceed $26,179.20, with future years budgeted through the annual budget process for a total of $52,358.40. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: 40390 IT Tech Infrastructure Service Department: 23 IT Project # (CIP Only): Account: 520105 Computer Software RECOMMENDATION: Staff recommends approval of this motion authorizing an amendment to the Cisco Security Enterprise Agreement with Great South Texas Corp dba Computer Solutions. LIST OF SUPPORTING DOCUMENTS: Available upon request. .gyus c� G� Amendment #1 v Finance & Procurement NCORPOR PS Etl 1852 Date: February 6, 2024 Agreement #: 131358 - Cisco DNA and Security Software Contractor/Consultant: Great South Texas Corp dba Computer Solutions Current Amount: $1 ,824,278.94 I. Section 3, Compensation and Payment, of the Agreement is amended by increasing the amount $52,358.40; therefore, the revised total of the Agreement is $1 ,876,637.34. II. Attachment B-2, which is attached to this Amendment #2 and its content incorporated by reference into the Agreement as if fully set out here in its entirety, is added to capture the following changes: Quote 1038379 (which, in tandem with Quote 1037812, constituted part of the parties' initial Agreement) is preserved in full force and effect without any change to years 2 and 3 of the Agreement; and Quotes 1037812 and 1041394 (the latter of which constituted Amendment #1 to the Agreement) are both superseded and replaced by Quote 1043631 for years 2 and 3 of the Agreement to recognize: (a) the removal of Cisco Advanced Malware Protection for Endpoints for years 2 and 3 (re: Quote 1037812), (b) the addition of Cisco Advanced Malware Protection for Endpoints Advantage for years 2 and 3 (appears on new Quote 1043631), and (c)the combination of the remaining software applications from the former quotes into one new consolidated quote. Furthermore, for clarity, year one of Amendment #1 of the Agreement has been satisfied and is, upon the date this Amendment #2 takes effect, cancelled by the parties for all intents and purposes. III. Amendment #2 is effective February 16, subject to approval and execution by each party. To the extent the provisions of this Amendment #2 conflict with any provisions of the Agreement and prior amendments, if any, the provisions of this Amendment #2 prevails and governs for all intents and purposes. Josh Chronley Date Contractor Date Assistant Director, Finance & Procurement APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attachment B-2 CISCO DNA & Security Software D I R-TSO-4167 SA 131358 (approved 2/14/23; Legistar 23-0052) Cost Total Quotes 1038379* and 1037812, 3-year total $1 ,779,750.54 $1 ,779,750.54 Amendment #1 Quote 1041394 added Cisco Cloud Mailbox Defense -- prorated for year 1 and included years 2 and 3 Amendment #2 Removes years 2 and 3 from Quote 1037812 Removes years 2 and 3 from Quote 1041394 Adds years 2 and 3 from both Quotes 1037812 & 1041394 via new Quote 1043631 for years 2 and 3 Replaces Cisco Advanced Malware Protection for Endpoints with Cisco Advanced Malware Protection for Endpoints Advantage Net Change via Amendment #2 $52,358.40 $1 ,876,637.34 * Preserved intact, pursuant to SA 131358, and not affected by Amendments #1 & 2. Page 2 of 2 S Com` o r� v 'NCORPOPPt E� xs52 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)-cctexas.con. (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure wesleyn(a)cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2a-cctexas.com (361) 826-3169 Professional Services Contract Waldron Lift Station Force Main Replacement CAPTION: Motion authorizing a professional services contract with Plummer Associates, Inc., Corpus Christi, Texas, to provide design, bid, and construction phase services for the Waldron Lift Station Force Main Replacement in an amount not to exceed $428,585.00, located in Council District 4, with FY 2024 funding available from the Wastewater Capital Fund. SUMMARY: This motion authorizes approval of a professional services contract for design, bid, and construction phase services for the Waldron Lift Station Force Main replacement project. BACKGROUND AND PURPOSE: The Waldron Lift Station Force Main runs from the Waldron Road Lift Station to the Laguna Shores Force Main at Laguna Shores Road near the intersection of Graham Road. The existing force main is a 14" ductile iron pipe which was installed in 1982. It conveys wastewater flow from the Waldron Road and Flour Bluff Lift Stations and serves more than 1/3 of Flour Bluff. In recent years, multiple force main failures have occurred and resulted in sanitary sewer overflows (SSOs). A field assessment conducted by Corpus Christi Water (CCW) staff determined the force main was in poor condition and should be replaced, consistent with Consent Decree guidelines. The project scope includes engineering analysis on alternative force main routes, geotechnical investigation, easement services, engineering design, construction bid, and construction services to replace approximately 3,000 linear feet of 14" deteriorated force main. Plummer Associates, Inc., the Design Engineer, also provides engineering design services for the Citywide Lift Station Repair projects including the Waldron Road Lift Station. The implementation of this project complies with the City's Consent Decree program. PROJECT TIMELINE: 2024 - 2025 2025 2025 - 2026 February - February M A M July - July Design Bid/Award Construction The projected schedule reflects City Council award in February, with anticipated construction completion by July 2026. COMPETITIVE SOLICITATION PROCESS: Plummer Associates, Inc. was selected in March 2023 under RFQ 4413 for Waldron Lift Station Force Main Replacement projects, which was one of three projects announced under the Wastewater CIP Projects category of the RFQ. The final evaluation ranked Plummer Associates, Inc. as one of the highest ranked firms based on eight factors: 1) experience on projects of similar scope and complexity, 2) demonstrated capability & capacity on comparable projects, 3) past performance, 4) team members with experience and qualifications, 5) team members experience with work of similar scope and complexity, 6) availability of resources to accomplish the work, 7) demonstrated understanding of scope of services, 8) demonstrated understanding and experience with similar services with a public agency. Plummer Associates, Inc. has over 44 years of experience in water and wastewater utility projects with municipalities. Plummer Associates, Inc. have provided professional services for several City projects. Some of the projects are Citywide Lift Station Repairs, new Broadway WWTP Rehabilitation, and ON Stevens Water Treatment Plant Filter Rehab. ALTERNATIVES: Not awarding the contract for professional services to Plummer Associates, Inc. will delay necessary improvements to Waldron Lift Station Force Main Replacement project create more costly maintenance in the future and may affect the ability to meet the operation and regulatory requirements. FISCAL IMPACT: The fiscal impact for FY 2024 is an amount not to exceed $428,585.00 with funding available through the Wastewater Capital Fund. The shortfall in funding of $28,585.00 will be transferred from the Engineering Administration Reimbursements. FUNDING DETAIL: Fund: WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (46) Organization: Grants & Capital Projects Funds (89) Project: Waldron Lift Station Force Main Replacement (Project No. 23038) Account: Outside Consultants (550950) Activity: 23038 Amount: $428,585.00 RECOMMENDATION: Staff recommends approval of the professional services contract with Plummer Associates, Inc., in the amount not to exceed $428,585.00 for Waldron Lift Station Force Main Replacement project. The design phase will begin in February 2024 with design completion planned by February 2025. Construction is anticipated to begin in July 2025 with anticipated completion in July 2026. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Location & Vicinity Proposal Maps CIP Page Contract Presentation RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Wastewater Urban Proposal Evaluation Score Ardurra Group Plummer Associates Freese and Nichols Engineering Corpus Christi Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Licensing/Certification No Material Lawsuits Past 5 Years q V No Material Regulatory Issues Past 5 Years V References Provided for Firm q Minimum Qualifications Pass/Fail Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7 6.0 5.6 5.6 5.3 Demonstrated capability&capacity on comparable projects 7 5.6 5.6 5.6 4.6 Past Performance 7 4.9 5.6 6.3 5.3 Team members with experience and qualifications 7 5.6 6.0 6.0 4.6 Team members experience with work of similar scope and complexity 7 5.6 5.3 6.0 4.9 Availability of resources to accomplish the work 7 4.9 6.0 6.0 4.2 Demonstrated understanding of the scope of services 14 11.9 11.9 11.2 11.2 Demonstrated understanding and experience with a public agency 14 12.6 11.2 11.9 10.5 Subtotal Technical Proposal 70 57.1 57.1 58.5 50.4 Interview Firm Experience on Projects of Similar Scope and Complexity 4 3.8 3 2.6 3.6 Firms Capability&Capacity on Comparable Projects 4 3.6 3.2 2.6 3.4 Firm Past Performance 2 1.4 1.6 1.3 1.4 Team Member Experience&Qualifications 4 3 3 2.8 2.8 Team Experience on work of similar Scope and Complexity 4 3.2 3 2.8 3 Team Availability of resources to accomplish the work 2 1.3 1.6 1.4 1.1 Demonstrated Understanding of Scope of Service 1 5 4 4 4 4.25 Demonstrated understanding and experience with a public agency 5 4.25 4 3.5 4.25 Subtotal Interview 30 24.55 23.4 21 23.8 Total 100 81.6 80.5 79.5 74.2 23007-Hewitt 23038-Waldron Lift 23012-Up River Rd Projects to be awarded to the firm Place/Santa Fee Station Force Main WW Force Main/ - Ground Wtr WW Line Upsizing Replacement Improvements RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Wastewater Proposal Evaluation Score HDR Engineering Garver Lockwood Andrews& International Newnam Consulting Engineers Corpus Christi Houston Corpus Christi Corpus Christi Minimum Qualifications Licensing/Certification No Material Lawsuits Past 5 Years V No Material Regulatory Issues Past 5 Years V References Provided for Firm V Minimum Qualifications Pass/Fail Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7 5.3 4.9 4.9 4.6 Demonstrated capability&capacity on comparable projects 7 3.9 4.2 4.2 3.9 Past Performance 7 3.9 3.9 1 4.2 3.5 Team members with experience and qualifications 7 4.9 3.5 3.9 4.2 Team members experience with work of similar scope and complexity 7 4.6 3.2 3.9 3.9 Availability of resources to accomplish the work 7 4.6 5.6 3.9 3.9 Demonstrated understanding of the scope of services 14 9.1 8.4 8.4 7.7 Demonstrated understanding and experience with a public agency 14 9.1 8.4 8.4 9.1 Subtotal Technical Proposal 70 45.2 42.0 41.7 40.6 Interview Firm Experience on Projects of Similar Scope and Complexity 4 2.2 0 0 0 Firms Capability&Capacity on Comparable Projects 4 2.4 0 0 0 Firm Past Performance 2 1.1 0 0 0 Team Member Experience&Qualifications 4 2.2 0 0 0 Team Experience on work of similar Scope and Complexity 4 2.2 0 0 0 Team Availability of resources to accomplish the work 2 1.2 0 0 0 Demonstrated Understanding of Scope of Service 5 3 0 0 0 Demonstrated understanding and experience with a public agency 5 3 0 0 0 Subtotal Interview 30 17.3 0 0 0 Total 100 62.5 42.0 41.7 40.6 Projects to be awarded to the firm - - - - RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Wastewater Proposal Evaluation Score Halff Associates Trimad ECS Southwest Govind Tolunay Wong Consultants Development Corpus Christi Pharr San Antonio Corpus Christi Corpus Christi Minimum Qualifications Licensing/Certification No Material Lawsuits Past 5 Years �/ �✓✓ No Material Regulatory Issues Past 5 Years References Provided for Firm c� Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7 3.9 2.5 2.8 2.5 2.5 Demonstrated capability&capacity on comparable projects 7 3.2 2.8 2.8 2.5 2.1 Past Performance 7 3.9 3.2 2.1 2.8 2.8 Team members with experience and qualifications 7 3.5 2.8 3.2 3.2 3.2 Team members experience with work of similar scope and complexity 7 3.2 3.2 2.8 3.2 2.8 Availability of resources to accomplish the work 7 3.9 3.5 3.5 3.2 3.5 Demonstrated understanding of the scope of services 14 9.1 7.0 4.9 5.6 5.6 Demonstrated understanding and experience with a public agency 14 9.1 7.0 7.7 6.3 6.3 Subtotal Technical Proposal 70 39.6 31.9 29.8 29.1 28.7 Interview Firm Experience on Projects of Similar Scope and Complexity 4 0 0 0 0 0 Firms Capability&Capacity on Comparable Projects 4 0 0 0 0 0 Firm Past Performance 2 0 0 0 0 0 Team Member Experience&Qualifications 4 0 0 0 0 0 Team Experience on work of similar Scope and Complexity 4 0 0 0 0 0 Team Availability of resources to accomplish the work 2 0 0 0 0 0 Demonstrated Understanding of Scope of Service 5 0 0 0 0 0 Demonstrated understanding and experience with a public agency 5 0 0 0 0 0 Subtotal Interview 30 0 0 0 0 0 Total 100 39.6 31.9 29.8 29.1 28.7 Projects to be awarded to the firm - - - - - s N CORPUS CHRISTI BAY 5 � 8 PROJECT LOCATION � WE 358 Ao, �e g g��P g s" �_7 VICINITY MAP s NOT TO SCALE KNICKERBOCKER ST. D , r Q ° WALDRON LIFT STATION q EXISTING FORCE MAIN Q Z Q J DON PATRICIO RD. " AERIAL MAP PROJ ECT NUMBER: 23038 NOT TO SCALE WALDRON LIFT STATION CITY COUNCIL EXHIBIT , FORCE MAIN REPLACEMENT CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES a+" PLUMMER 0537-057-01 November 14, 2023 Ms. Sandra Gomez, P.E. Project Manager Engineering Department City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi TX 78401 Re: Project 23038—Waldron Lift Station Force Main Replacement Design, Bid and Construction Proposal Dear Ms. Gomez: This letter is a request for authorization to provide design, bidding, and construction phase services for the replacement of the Waldron Lift Station Force Main from the Waldron Lift Station to the Laguna Shores Force Main at Laguan Shores Road near the intersection of Graham Road.The scope of services is detailed in the attached document. Fee The fee request of$428,585 is detailed in the attached Exhibit 1 spreadsheet. A summary of the fee per phase is shown in the table below. Task Fee BASIC SERVICES—(Lump Sum) 1 Preliminary Engineering Phase $133,250 2 Final Design 60%, 90%and 100% $176,880 5. Project Management $30,820 6. Quality Management and Quality Control Plans $24,460 TOTAL $365,410 CONSTRUCTION SERVICES—(Time and Material) 3. Bid Service $3,795 4. Construction Services $51,420 TOTAL $55,215 SUPPLEMENTAL SERVICES Easement Modification $7,960 PROJECT TOTAL $ 428,585 Ms.Sandra Gomez,P.E. Page 2 November 14,2023 If you have any questions regarding this request, please let me know. Sincerely, PLUMMER ASSOCIATES, INC. William Causey, P.E. Project Manager Cc: Mary Portillo Enclosures - PLUMMER Exhibit A Scope of Work Plummer shall provide labor, material, and equipment necessary to provide project management, preliminary engineering, real estate services, final design, permitting services and coordination with stakeholders, bid, and construction phase services (collectively the "Services")for the City of Corpus Christi (Owner)Waldron Lift Station Force Main Replacement ("Project 23038").The purpose of the Waldron Force Main is to replace a 14" ductile iron force main constructed around 1982. Approximate length is 3,000 LF. The force main has had multiple failures and the condition of the pipe is severely degraded. The existing force main accepts flow from the Flour Bluff and Jamacia Lift Stations and terminates at a connection to the Laguna Shores Force Main at the intersection of Laguna Shores and Graham Road. SERVICES Plummer shall provide the Services in accordance with the tasks described herein. Task 1. Preliminary Engineering Phase 1.1 ALIGNMENT EVALUATION TECHNICAL MEMORANDUM. Plummer shall provide a route alignment evaluation that shall examine up to three different alignments. Alignment TM will be incorporated into the Engineering Letter Report. 1.1.1 Project Kickoff meeting with Owner. 1.1.2 Plummer shall utilize a route selection matrix to identify the recommended alignment for the new interceptor. The route selection matrix shall examine two alternatives based on easement requirements, permits, pipe depth and length including trenchless options, environmental impacts, traffic impacts and construction access, tie-ins for maintenance and development, construction cost, constructability, stakeholder input/impacts, and impacts to existing facilities. 1.1.3 For each alignment, Plummer shall provide plan and profile exhibits based off the latest available Nueces Count Appraisal District property boundaries and 1of14 DRAFT V4 11/02/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) publicly available aerial photography and an AACE Level 5 Opinion of Probable Construction (OPCC). The plan and profiles presented will be in a 1" = 50' LF on 11"X17" sheets. They will be generated in CAD. 1.1.4 Up to two (2) site visits with the Owner. 1.1.5 Plummer shall provide a recommendation for preferred route. 1.1.6 Plummer shall conduct an alignment workshop for up to 2 hours. Assumptions: Design flows and capacity shall be provided by Owner. Owner will select the final alignment for design. Task 1.1 Deliverables: Alignment Evaluation TM (Draft and Final) Task 1.1 Meetings: Project Kickoff Site Visits - Up to one (1) 1.2 30% DESIGN. Plummer shall provide the following items as part of the 30% design. 1.2.1 ENGINEERING LETTER REPORT (ELR) DRAFT. The ELR shall include the preliminary engineering for the following items and comply with the Texas Commission on Environmental Quality (TCEQ) chapter 217.10 (a): • Owner will provide design flow confirmation from the Wastewater Masterplan and Plummer shall review the Masterplan for capital improvements projects related to the lift stations/force mains listed above and document recommendations in the ELR. • Evaluation of system hydraulics for the existing manifold force mains connecting the Laguna Shores, Jamaica, Flour Bluff and Waldron lift station force mains and provide recommendations to improve or reconfigure the existing system for O&M and system performance. • Pipe embedment and stiffness design based on selected material(s). • Hydraulic checks including flushing velocities. • Material recommendations. It is noted that the Owner preference is PVC, but other material options will be evaluated. • Trenchless methods crossing Waldron Road, concrete driveways and other crossings. • Air release valve odor control. • Line maintenance access points. 2of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) • Ability to bypass the Waldron LS and force main at the Laguna Shores and Graham Road and Waldron and Graham Road intersections to facilitate isolation of parts of the system. • Easement widths. • Utility coordination. • Stakeholder coordination. • Stormwater Pollution Prevention Plan (SWPPP) recommendations for the Project to comply with Owner standards and the requirements of TCEQ's Texas Pollutant Discharge Elimination System general permit for storm water runoff from construction activity (permit number TXR150000). • Plan view with profile to include existing surface, planimetric features, limited utilities, trees, floodplain limits. • PLUMMER shall make provisions for reconnecting all identifiable wastewater force main or service lines which connect directly to the force main being replaced, including replacement of existing service lines within CITY right-of-way or utility easement. When the existing alignment of a sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by PLUMMER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. • Plummer shall provide an AACE Class 4 OPCC. • Up to one (1) site visit. • Owner comments will be incorporated into the 60% set. • Summary of technical memoranda recommendations. • Owner to provide decisions on items in ELR. • Plummer shall conduct a ELR workshop for up to 2 hours. • Written response to Owner comments on Draft ELR. 1.2.1.1 ENVIRONMENTAL EVALUATION: Environmental Evaluation Report will be incorporated into the ELR. Collect data in support of evaluating two (2) alignment alternatives, and identify requisite permits anticipated to be needed prior to construction of Project 23038. The following will be reviewed for regulatory agency review or permits needed for the project: • Clean Water Act Section 404 with opinion of type of permit - nationwide, regional general, or individual permit will be required for 3of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) the 404-permit application (or pre-construction notification (PCN)for verification of authorization under nationwide permit); • Clean Water Act Section 401; • Rivers and Harbors Act Section 10; • Rivers and Harbors Act Section 14 (also known as Section 408); • National Environmental Policy Act; • Endangered Species Act; • Bald and Golden Eagle Protection Act; • Migratory Bird Treaty Act; • Section 106 of the National Historic Preservation Act; • Texas Antiquities Code; • Coastal Management Zone; • Corridor Development Certificate (Associated with Trinity River); • Fresh Water Mussel Survey; • Tree Ordinance and Mitigation; • Urban Forestry; • Executive Orders; and • Federal Emergency Management Agency Coordination — or Local Floodplain Administrator; 1.2.1.2 Plummer will perform an environmental evaluation for Project 23038 to include the following tasks: • Obtain background data including, floodplain maps, national wetlands inventory maps, USGS topographic maps, current and historical aerial imagery, and historic soil surveys to identify potential resources including Waters of the US (WOTUS) subject to Section 404 Permitting. • Conduct field visits for assessing the proposed alignments and alternatives; and • Complete a Request for State Historic Preservation Officer (SHPO) Review Form and submit to the Texas Historical Commission (THC) to determine if additional cultural survey work is required for the project. Incorporate SHPO response in environmental evaluation; and • Prepare environmental opportunities and constraints map for the proposed alignment and alternatives. 4of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) 1.2.1.3 Plummer will document the environmental evaluation in the Preliminary Engineering Report summarizing the findings along the proposed alignment from the data review and on-site investigation for inclusion in the draft report. The evaluation shall identify potential environmental constraints and include a map that identifies major constraints which should be considered and potentially avoided during the evaluation of alternatives. The Environmental Evaluation will also identify regulatory requirements or resources (if any) that may require additional study for local, state, or federal permitting. The evaluation will include a comparison of the alternatives regarding level of effort, schedule, estimated timelines to complete the environmental work, and permitting requirements. Plummer will advise the Owner of additional approvals and related studies needed. The environmental evaluation will summarize the findings from above in the ELR. 1.2.1.4 Attend up to one (1) remote meeting with the Owner to discuss the results of the investigation. 1.2.2 FINAL ENGINEERING LETTER REPORT. Plummer shall incorporate Owner comments and decisions then issue a final signed and sealed ELR. Task 1.2 Deliverables: Draft 30% Engineering Letter Report Draft OPCC Environmental Opportunities and Constraints Map Final 30% ELR Signed and Sealed OPCC 30% Comment Responses Task 1.2 Meetings: Site Visits - Up to two (3) (Design and Environmental) ELR Workshop 5of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) 1.3 FIELD SERVICES. 1.3.1 GEOTECHNICAL ENGINEERING SERVICES. • Plummer shall perform five (5) borings up to 35 feet deep. • Plummer shall provide a Geotechnical Data Report (GDR)which includes. o Description of the field exploration program. o Description of the laboratory testing program. o Boring location plan that depicts borehole locations; Boring logs with soil classifications based on the Unified Soil Classification System (ASTM D2487) with a chart illustrating the soil classification criteria and the terminology and symbols used on the boring logs. o Description of site geology based on location of the site on the Geologic Atlas of Texas. o Depth and elevations where groundwater was encountered during drilling. o Groundwater readings obtained from the observation well. o Design recommendations for special trench repair and pavement design recommendations. 1.3.2 TOPOGRAPHY SERVICES. • Plummer shall provide establishment of a ground control point monumentation network. • Plummer shall prepare a topographic survey within the survey limits. Survey limits will be 50 feet either side of the alignment or up to the extents of public right-of-way. The survey will consist of the following: o All visible utilities, buildings, berms, equipment, structures, fences, drainage structures with flowlines, and improvements within the survey limits. o Cross-sections at 50-foot intervals plus changes in direction sufficient to prepare a Digital Terrain Model (DTM) with 1- foot contour lines. • Underground utilities will be depicted according to maps provided by Owner and utility locates as marked by others. A utility locate request will be made to Texas811 prior to survey. 6of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) • This survey is to be conducted in the Texas State Plane Coordinate System NAD 83, Texas South Zone. The vertical datum will be NAVD88 (Geoid 18). • Deliverables shall be provided in GIS and CAD format. Task 1.3 Deliverables: GDR (Draft and Final) Survey (included in P&P sheets) CAD and GIS per Owner specifications Task 2. Final Design 2.1 60% DESIGN. 2.1.1 PLANS, SPECIFICATIONS AND OPCC. • Plan and profiles include depth of cover, slopes of pipe, size and materials identified, air release valves, and connections to Waldron Lift Station, Flour Bluff Force Main and Laguna Shores Force Main. • Connection details shall include connections to Waldron Lift Station, Flour Bluff and Jamica Force Mains and termination at Laguna Shores Force Main. • Plan details to include standard City of Corpus Christi details and Plummer details. • SWPPP for the Project shall incorporate Owner standards and comply with the requirements of TCEQ's Texas Pollutant Discharge Elimination System general permit for storm water runoff from construction activity (permit number TXR150000). • Traffic Control Plan for Waldron and/or Graham Road. • Temporary wastewater flow control/ bypass pumping plan. • Specifications Draft using Plummer specifications, with the exception Division 0 which shall be provided by Owner. • Plummer shall provide an AACE Class 3 OPCC. • Constructability Review. • Up to one (1) site visit. • Owner comments shall be incorporated into the 90% set. • Plummer shall conduct a 60% submittal review workshop for up to 2 hours. 7of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) Task 2.1 Deliverables: 60% OPCC Executive Summary Drawing Review Checklist and Project Submittal Checklists 60% Plans Draft Technical Specifications Table of Contents Task 2.1 Meetings: Site Visits - Up to one (1) 60% Submittal Review Meeting 2.2 90% DESIGN 2.2.1 PLANS, SPECIFICATIONS AND OPCC. Plummer shall provide the following items as part of the 100% design. • Plan and profiles to include depth of cover, slopes of pipe, size and materials identified. • SWPPP for the Project to comply with the requirements of TCEQ's Texas Pollutant Discharge Elimination System general permit for storm water runoff from construction activity (permit number TXR150000). • Traffic Control Plan for Waldron and/or Graham Road. • Plan details to include Owner standard details and Plummer details. • Specifications using Owner standard specifications and Plummer specifications. Division 0 shall be provided by the Owner. • Plummer shall provide an AACE Class 2 OPCC • Constructability review. • Plummer shall provide an Issued for Permitting Sealed Plans and Specifications. • TCEQ Chapter 217 Transmittal Letter and coordination if plans are called in for review. • Up to one (1) site visit. • Owner comments shall be incorporated into the 90% set. • Plummer shall conduct a 90% workshop for up to 2 hours. Task 2.2 Deliverables: 90% OPCC Executive Summary Drawing Review and Project Submittal Checklists Comment Reponses to 60% Review 90% Plans 8of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) 90% Technical Specifications\Front End Documents Bid Form Issued for Permitting Plans and Technical Specifications Set Task 2.2 Meetings: Site Visits — up to one (1) 90% Workshop 2.3 100% PLANS AND CONSTRUCTION DOCUMENTS. 2.3.1 Plummer shall provide a 100% set for Owner final review. 2.3.2 Owner comments shall be incorporated into the Issued for Bid set. Task 2.3 Deliverables (100% (Pre-NOA): 100% OPCC Executive Summary Drawing Review and Project Submittal Checklists Response to 90% Review Draft 100% Plans, Specifications, and Front End Documents Bid Form Task 2.3 Meetings: N/A 100% Submittal Review Meeting 2.4 FINAL BID SET. 2.4.1 Plummer shall provide a final sealed AACE Class 2 OPCC. 2.4.2 Plummer shall provide a final seal Engineering Report in compliance with TCEQ Chapter 217. 2.4.3 Plummer shall provide a final sealed Issued for Bid set to the owner of the plans, specifications. Task 2.4 Deliverables: Final Sealed OPCC Executive Summary Comment Response to Draft 100% Submittal Sealed Drawings and Specifications/Front End Documents Agreement Bid Form CIVCAST Bid Form CAD Files and GIS data Task 2.4 Meetings: N/A 9of18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) Task 3. Bid Services 3.1 PREBID CONFERENCE. 3.1.1 Plummer shall attend and assist one (1) pre-bid conference to be administered by Owner. 3.1.2 Plummer shall coordinate conference responses with Owner. Written responses to issues identified at the pre-bid conference shall be in the form of addenda issued after the conference. Task 3.1 Deliverables: N/A Task 3.1 Meetings: Pre-bid Conference 3.2 INTERPRET BID DOCUMENTS. 3.2.1 Plummer shall assist Owner with responding to questions, interpreting bid documents. 3.2.2 Plummer shall prepare up to two (2) addenda to the bid documents if necessary. Task 3.2 Deliverables: Addenda — up to two (2) Task 3.2 Meetings: N/A 3.3 BID EVALUATION. 3.3.1 Plummer shall assist Owner in analyzing the bids received for the Project. This includes researching contractor qualifications and references. 3.3.2 Plummer shall provide written recommendation of lowest responsive bidder. Task 3.3 Deliverables: Recommendation of the lowest responsive bidder Two (2) hard copies of sealed plans and specifications Task 3.3 Meetings: Bid Opening 10 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) Task 4. Construction Phase Services Upon completion of the bid phase services, Plummer shall perform construction phase engineering services. 4.1 CONSTRUCTION ADMINISTRATION SERVICES. 4.1.1 Conduct one construction document control workshop for the contractor and coordinate conference responses with Owner. 4.1.2 Attend up to 10 monthly construction progress meetings. The owner shall prepare an agenda, record and distribute meeting minutes to Plummer and contractor. 4.1.3 Conduct with Owner's representatives one substantial completion inspection and punch list review of the Project for conformance with the design concept of the Project and compliance with the construction contract documents and prepare a list of deficiencies to be corrected by the contractors before recommendation of final payment. 4.1.4 Conduct a final completion inspection of the Project, with Owner representatives, for conformance with the design concept of the Project and compliance with the construction contract documents, prepare final completion reports, and make recommendation of contractor's final payment. Task 4.1 Deliverables: Conformed Plans and Specifications Substantial Completion Punch List — one (1) Final Completion Reports Contractor's Final Payment Recommendation Task 4.1 Meetings: Substantial Completion Inspection — one (1) Final Completion Inspection — one (1) 4.2 SUBMITTAL MANAGEMENT AND REVIEW. 4.2.1 Plummer shall establish and maintain a document management system consistent with the requirements of the construction contract documents. Plummer shall monitor the processing of contractor's submittals (shop drawings, requests for information, schedules, certified test reports, etc.), provide for filing and retrieval of Project documentation, and verify that the contractor is sending and processing submittals in accordance with the 11 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) schedules. Plummer shall produce and submit to Owner monthly reports indicating the status of all submittals in the review process. 4.2.2 Plummer shall review all contractor submittals for compliance with the design concepts to include the shop drawings; record data; requests for information; schedules; certified test reports; operation and maintenance manuals; and miscellaneous submittals. Task 4.2 Deliverables: Contractor Submittal approvals Shop drawing approvals RFI responses Task 4.2 Meetings: N/A 4.3 CHANGE/FIELD ORDERS. Plummer shall manage the change and field order documents, requests for proposals, and contractor claim process for the Project as described herein. 4.3.1 Plummer shall establish procedures and document construction changes required to implement modifications to the Project. 4.3.2 Plummer shall process contract modifications and negotiate with the contractor at Owner's direction to determine the cost and time impacts of these changes. 4.3.3 Plummer shall prepare field and change order documentation for up to two (2) field orders for minor alterations and up to two (2) change orders. 4.3.4 Plummer shall evaluate notices of contractor claims and make initial recommendations to Owner on the merit and value of the claim based on information submitted by the contractor or available Project documentation. Plummer shall negotiate a settlement value with the contractor at Owner's direction. Task 4.3 Deliverables: Field order documentation — up to two (2) Change Order documentation — up to two (2) Task 4.3 Meetings: N/A 12 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) 4.4 INTERPRET DRAWINGS AND SPECIFICATIONS. 4.4.1 Plummer shall interpret the drawings and specifications for Owner and the contractor during the course of construction. Up to two hours (2) will be spent per request for up to five (5) instances. Task 4.4 Deliverables: Interpretations in the form of RFIs or other requests — up to five (5) instances. Task 4.4 Meetings: N/A 4.5 RECORD DRAWINGS. 4.5.1 Plummer shall prepare the record drawings based on the revised redline construction drawings and information furnished by the construction contractor reflecting changes in the Project made during construction. Plummer shall prepare one (1) set of PDF record drawings and the CAD support files at the completion of the Project and submit to Owner via email. Task 4.5 Deliverables: Record Drawings Task 4.5 Meetings: N/A Task 5. Project Management 5.1 PROJECT MANAGEMENT PLAN 5.1.1 Plummer shall develop a Project Management Plan (PMP) for the Project that describes how major aspects of the project will be managed. It further refines and advances the approaches that are defined in the project scope. 5.1.2 The PMP is a living document and shall be updated at intervals throughout the project. 5.1.3 The PMP and shall be distributed to all employees assigned to the project at the start of the project. Task 5.1 Deliverables: Project Management Plan Task 5.1 Meetings: N/A 13 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) 5.2 SCHEDULE. 5.2.1 Plummer shall develop a baseline design schedule for the Project and prepare updated design schedules for the Project on a monthly basis for the previous month's effort for the Owner to monitor progress and identify design submittal dates. 5.2.2 Schedules shall be provided to the Owner Project Manager electronically. 5.2.3 Plummer shall employ Microsoft Project or a similar program to manage the schedule. Task 5.2 Deliverables: Schedule Task 5.2 Meetings: N/A 5.3 PROGRESS REPORTS. 5.3.1 Plummer shall provide the Owner with a monthly project progress report with the monthly invoices for each month for the previous month's effort. Task 5.3 Deliverables: Monthly Progress Reports Task 5.3 Meetings: N/A 5.4 MEETING AGENDA/NOTES. 5.4.1 Plummer shall provide a meeting agenda one (1) day prior to each meeting and provide a copy of the meeting notes, action item log and decision log to the Owner's Project Manager within one (1) week after each meeting. 5.4.2 Plummer shall hold weekly internal design meetings. Task 5.4 Deliverables: Meeting Agendas Provided to City Meeting Notes Provided to City Task 5.4 Meetings: Weekly Internal Coordination Meetings 5.5 DECISION LOG 5.5.1 Develop and maintain a Decision Log to track important decision options, discussions, meetings, and rationale for project decisions. 14 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) Task 5.5 Deliverables: Updates to Decision Log Provided to City Task 5.5 Meetings: N/A Task 6. Quality Control QUALITY CONTROL (QC) AND PROJECT QUALITY PLAN. 6.1 QUALITY CONTROL AND PROEJCT QUALITY PLAN 6.1.1 Plummer shall employ the Plummer Quality Management Plan, latest version. Plummer shall provide services and deliverables that meet the company's requirements. 6.1.2 The Plummer project manager (PM) has the primary responsibility of developing and following the Project Quality Plan (PQP). The PQP should be documented as part of the PMP and shall be distributed to all employees assigned to the project at the start of the project. The PM shall hold each individual working on a project accountable for maintaining the overall quality desired in our services. The PQP will designate a Project Quality Officer (PQO) who shall be responsible for assigning the project quality team to the project. 6.1.3 The Plummer PM is responsible for planning QC into the project schedule, including creating sub-tasks for internal review by PQRs, and incorporating PQR comments into the deliverables. Task 6.1 Deliverables: Project Quality Plan Provided to City Task 6.1 Meetings: N/A 6.2 QUALITY CONTROL REVIEWS. 6.2.1 Plummer engages the Quality Control Team at the beginning of the project with a 0% QC meeting. The purpose of this meeting is to review QC assignments, review the QMP, and discuss how the project shall incorporate quality checks and back checks of QC comments. 6.2.2 Plummer shall perform QC checks on reports and technical memoranda, as well as the Alignment Evaluation, Preliminary Engineering Report, 30% Design, 60% Design, 90% Design including all OPCCs. Task 6.2 Deliverables: QC Reviews and Comments 15 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) Task 6.2 Meetings: QC Meetings at 0%, 30%, 60%, 90% Task 7. Supplemental Services FIELD SERVICES. 7.1 EASEMENT MODIFICATION 7.1.1 EASEMENT DOCUMENTS • EASEMENT SURVEY AND LEGAL DESCRIPTION. Plummer shall provide boundary survey and legal descriptions for up to one (1) easement. • EASEMENT ACQUISITION STAKING. Plummer shall provide staking of easements during negotiations as requested by property owners. Staking will provide stakes at 100-foot intervals on both sides and the corners. • Plummer shall locate additional Geotech borings from task 1.3.1. Task 7.1 Deliverables: Easement Legal Description Easement staking Task 7.1 Meetings: N/A ASSUMPTIONS • Deliverables shall be electronic deliverables in PDF, unless noted. • Plan scale shall be horizontal 1" = 50' and vertical 1" = 10' • Owner shall provide comments to deliverables in accordance with the accepted project schedule. • Condemnation will be provided by Owner. • Fees associated with the title commitments, title reports and tile insurance are not included in the scope or fee. • Owner shall provide the Nueces County and City of Corpus Christi Floodplain Development permitting comments to Plummer prior to final signing and seal of bid documents. • For easement acquisition, any fees associated with the title commitments, title reports and tile insurance will be paid by the Owner. • For easement acquisition, recording fees or fees charged by financial institutions to process subordinations or lien releases will be paid by the Owner. • Plummer will not be responsible for schedule delays related to Easement 16 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) Acquisition scope performed by Owner, such as, but not limited to, the Owner performing tasks defined in 8.1, document review, routing delays, and fees or payment processing. • Owner will be responsible for the coordination with the Texas Historical Commission, and United States Army Corps of Engineers for their review under the Unified Development Code, Antiquities Code of Texas, and National Historic Preservation Act of 1966 Section 106 (respectively). • Owner will review technical memorandums and evaluations in 15 business days. • Owner will review ELR and plans in 15 business days. ADDITIONAL SERVICES • Providing/conducting local or global stability analyses for retaining walls, shoring systems, or slopes. • Additional geotechnical borings. • Additional easement parcel and legal descriptions. • Changes or modifications to the approved right of entry or easement documents (I.E., alignment changes after approval). • Real Estate Acquisition Services to include appraisals, title commitments and negotiation services. • Floodplain permitting and mitigation. • Shafts for trenchless design. • Design of selected odor control. • Retaining wall design. • Trench Safety Plan. • Condition Assessment. • By-Pass Pumping Plans. • If impacts to WOTUS are equal to or greater than 0.1-acre, preparation of a Section 404 permit application (e.g., PCN) will be required. • A WOTUS site investigation including Wetland Delineation and the production of an Aquatic Resources Delineation Report (required to be submitted with PCN). • Threatened and Endangered (T/E) Species Report documenting the impacts of the project to state and federally listed T/E species (required to be submitted with PCN). • Cultural resource permitting or field. • Construction meeting agenda preparation, recordation, and distribution of meeting minutes to Owner and the contractor. 17 of 18 DRAFT V4 11/2/2023 Scope of Work Waldron Lift Station Force Main Replacement (Project No. 23038) TIME OF COMPLETION Plummer is authorized to commence work on the Services upon execution of this Agreement and agrees to complete these Services in accordance with the schedule below. If the execution of this Agreement is beyond the start date of the schedule below, the schedule will be adjusted. Submittal Delivery Schedule / Duration Kickoff Meeting Within 2 weeks of Notice to Proceed Alignment Evaluation TM Within 6 weeks of Kickoff Meeting Draft 30% Within 12 weeks of Receipt of CITY's Alignment Eval TM Comments Final 30% Within 3 weeks of Receipt of CITY's Draft 30% Comments 60% Design Phase Submittal Within 12 weeks of Receipt of CITY's 30% Comments 90% Design Phase Submittal Within 8 weeks of Receipt of CITY's 60% Comments 100% Design Phase Submittal Within 3 weeks of Receipt of CITY's 90% Comments Final Bid Set for Advertisement Within 2 weeks of Receipt of CITY's 100% Comments Construction Duration 10 months estimated COMPENSATION Basic Services Tasks 3 and 4 shall be provided as time and materials. Other tasks shall be lump sum. Supplemental Services shall be provided as a lump sum. Fee for services is outlined in Exhibit 1 — Fee Schedule. 18 of 18 DRAFT V4 11/2/2023 Capital Improvement Plan 2024 /brit 2026 City of Corpus Christi, Texas Project# 23038 Project Name Waldron Lift Station Force Main Replacement Type Improvement/Additions Department Wastewater Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority Critical-Condition\longevity �� IifYil" Council District 4 a Status Active Description �n� The existing force main for the Waldron Lift Station was installed in 1982 and is in poor condition. There have been operational issues and line failures. This project will review the route of the force main and its hydraulic relationship with other force mains in the area. A more effective alignment and design for this force main will be evaluated,designed,and proposed. Construction will consist of installing anew Force main as designed. Justification This project is needed to meet operational and regulatory requirements. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 4,000,000 4,000,000 Design 400,000 400,000 Eng,Admin Reimbursements 40,000 400,000 440,000 Tom 440,000 4,400,000 4,840,000 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 440,000 4,400,000 4,840,000 Total 440,000 4,400,000 4,840,000 Budget Impact/Other 71 Estimated operational impact should be negligible.Anticipated increased usage due to area development will offset costs and alleviate pressure on other systems. 338 Corpus Chr s[i Engineering Waldron Lift Station Force Main Replacement Council Presentation February 13, 2024 Project Location Corpus Chr sti Engineering 358 :P y VICI NITV MAP ` � KNICKERBOCKERST. 9 2 GRAHAM RD. �.r.. WALDRON LIFE STATION d _ 6. 0 EXISTING FORCE MAIN N 4 Z :k Q .N DON PATRICIO RD. rAERIAL MAP PROJECT NU MBER:23038 2 Project Scope corpus chr sti Engineering A brief summary of proposed improvements is as follows: • Construction to replace approximately 3,000 linear feet of 14-inch ductile iron force main. • Existing force main runs from Waldron Lift Station to the Laguna Shores Force Main at Laguna Shores Road near the intersection of Graham Road. Project Schedule Corpus Chr sti Engineering 2024 - 2025 i 2025 - 2026 February - February M A Illi July - July Design Bid/Award Construction Projected Schedule reflects City Council award in February 2024 with anticipated completion by July 2026 SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure wesleyn(a-)cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2(a-)-cctexas.com 361-826-3169 Professional Services Contract Allison WWTP Operation & Control Center CAPTION: Motion authorizing a professional services contract with Turner Ramirez Architects, Corpus Christi, Texas, in an amount not to exceed $269,742.00 for the design of a new Allison WWTP Operation & Control Center located in Council District 1 with FY 2024 funding available from Revenue Bonds. SUMMARY: This motion authorizes approval of a professional services contract to provide design, bid, and construction phase services for the Allison WWTP Operation & Control Center. This project proposes to construct a new 4,600 square foot operations and control facility that is equipped to serve current and future wastewater process control functions. BACKGROUND AND FINDINGS: The City of Corpus Christi presently owns and operates six (6) wastewater treatment facilities. Although numerous improvements have been made to treatment processes over the decades, much of the facility infrastructure has been in service for over 50 years and suffered from decades of neglect. The Allison WWTP is located along the Nueces River at the end of Allison Road on 13.2 acres.The Allison WWTP serves a significant portion of the Northwest area of Corpus Christi. It was originally constructed in 1965 as a two million gallons per day (MGD) average daily flow capacity and was expanded in 1984 to its current capacity of five MGD. This building contains a process control laboratory, vent hoods, controls center, monitoring stations, emergency power, offices, restrooms/locker rooms, a breakroom/conference room and rehabilitation of the existing parking area. The impact of age, the wastewater and local environment, combined with the lack of capital improvements, has taken its toll on the facility. Improvements will allow staff to remotely monitor and control treatment processes, equipment, and flows. These improvements will speed response times to changes in the treatment process, create a better effluent, mitigate system upsets, and quickly identify equipment failures. A cost impact and feasibility analysis were carried out comparing option 1 which was to expand the current facility to the south, against option 2 new construction of a modern facility. It was determined there was no benefit financially to expand due to the current conditions of the facility. The building would need to be brought up to code in all areas, which would require substantial capital and demolition efforts in order to meet the new operational requirements. PROJECT TIMELINE 2024 2024-20252025 - 2026 February — November December — February March — July Design Bid/Award Construction Projected schedule reflects City Council award design services in February 2024, with conceptual design, and permitting completion anticipated by end of November 2024. The project schedule is dependent on a timely issuance of Notice to Proceed and is based on estimated time periods for review and response. COMPETITIVE SOLICITATION PROCESS: Turner Ramirez Architects was selected for the Professional Engineering Service in January 2022 under RFQ 3977, Professional Engineering Services for Capital Improvement Projects FY2022. Turner Ramirez Architects is one of 9 firms that submitted qualifications for this project announcement and is a local firm that has successfully completed several City projects of similar size and scope. On December 13, 2021, the Contracts and Procurement Department issued a Request for Qualifications for engineering services with the RFQ Number 3977 for Professional Engineering Services for Capital Improvement Projects FY2022. The City received a total of 9 Statements of Qualifications. The selection committee consisted of representatives from Engineering Services, Wastewater Department, and the City Manager's Office (non-scoring member). ALTERNATIVES: City Council could choose not to approve the proposed professional services agreement; however, the Allison WWTP Operation & Control Center is an approved project in the Wastewater CIP for FY 2024, and it will cause a delay in the development of the unified Wastewater Treatment Plant Office Facilities if this professional services agreement is not approved. FISCAL IMPACT: The fiscal impact in FY 2024 is an amount of $269,742.00 with funding available from the Wastewater Department revenue bonds. FUNDING DETAIL: Fund: WW 2024 CIP (Fund 4259) Department: Wastewater (46) Organization: Grants & Capital Project Funds (89) Project: WWTP Operation & Control Center- Allison (Project No. 22155) Account: Outside Consultants (550950) Activity: 22155-4259-EXP Amount: $269,742.00 RECOMMENDATION: Staff recommends approval of the professional services contract with Turner Ramirez Architects, in an amount not to exceed $263,830.00 for Allison WWTP Operation & Control Center. The design will begin in January 2024 with estimated design completion in November 2024. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Contract CIP Page Location and Vicinity Maps PowerPoint RFQ No.3977 Professional Engineering Services for Capital Improvement Projects FY2022 Wastewater Treatment Plant Office Facilities Proposal Evaluation Score Turner Ramirez RVK Architecture fresch architects GMS Architects Jacobs Engineering Bath Group Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Certification V VV" v No Material Lawsuits Past 5 Years N/ No Material Regulatory Issues Past 5 Years N/ N/ References Provided for Firm N/ N/ Technical Proposal Experience on projects of similar scope and complexity 7 7 7 5 5 5 4 Demonstrated capability&capacity on comparable projects 7 7 7 5 5 4 4 Past Performance 7 7 5 5 5 5 2 Team members with experience and qualifications 7 7 7 5 5 5 4 Team members experience with workof similar scope and complexity 7 7 7 5 5 5 4 Availability of resources to accomplish the work 7 5 7 5 5 5 4 Demonstrated understanding ofthe scope ofservices 19 19 19 19 14 14 10 Demonstrated understanding and experience with a public agency 19 19 19 14 14 14 10 Subtotal Technical Proposal 80 78 78 63 58 57 42 Irrterview Demonstrated Experience providing these Services 5 5 5 4 4 0 0 Team members with experience and qualifications 5 5 5 4 3 0 0 Demonstrated understanding of scope of services 3 3 2 2 2 0 0 Knowledge of Simila r Services 3 3 2 3 2 0 0 Capability to perform work 4 4 4 3 2 0 0 Subtotal Interview 20 20 18 16 13 0 0 Total 0 98 96 79 71 57 42 RFQ No.3977 Professional Engineering Services for Capital Im Wastewater Treatment Plant Office Facilities Proposal Evaluation Score Mendez Engineering HDR Engineering International Consulting Engineers Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification N/ No Material Lawsuits Past 5 Years N/ No Material Regulatory Issues Past 5 Years N/ References Provided for Firm N/ Technical Proposal Experience on projects of similar scope and complexity 7 4 4 4 Demonstrated capability&capacity on comparable projects 7 4 4 4 Past Performance 7 4 4 2 Team members with experience and qualifications 7 4 4 4 Team members experience with workof similar scope and complexity 7 4 4 4 Availability of resources to accomplish the work 7 2 4 4 Demonstrated understanding ofthe scope ofservices 19 10 5 5 Demonstrated understanding and experience with a public agency 19 10 10 10 Subtotal Technical Proposal so 42 39 37 Irrterview Demonstrated Experience providingthese Services 5 0 0 0 Team members with experience and qualifications 5 0 0 0 Demonstrated understanding of scope of services 3 0 0 0 Knowledge of Simila r Services 3 0 0 0 Capability to perform work 4 0 0 0 Subtotal Interview 20 0 0 0 Total 0 42 39 37 10/24/2023 Revision 5 1?X TURNER I RAMIREZ Mr. Jeffrey H. Edmonds P.E. A R C H I T E C T S Director of Engineering Services City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 SUBJECT: Project#22155 1 Allison WWTP Operation &Control Center Dear Mr. Jeffrey H. Edmonds P.E.: Please accept this letter as our proposal to perform the professional services desired in developing the New City of Corpus Christi Allison WWTP Operation & Control Center project. It is understood that the proposed hard construction project budget for the new Allison WWTP Operation & Control Center is approximately$2,300,000.00 Background and Purpose: The Corpus Christi Allison WWTP Operation & Control Center is currently located on approximately six and one-quarter (6.25) acres on Allison Road off I-37. The Allison Treatment Plant Complex will need to add a total of one and one-half(1.5) acres of it's property within the Complex's fence. This property is adjacent, to the South of the existing Allison WWTP Operation & Control Center grounds and it where the new building will be constructed. The building will be one-story in the area range of 4,500 to 4,600 square feet. The City of Corpus Christi Allison WWTP Operation & Control Center program is understood to include the following: semi-public entry, operation control room, processing laboratory, administrative offices, break room, cubical workstations, conference room, support spaces, restrooms, locker rooms, and secure parking. This new building will be designed to maintain the current aesthetics for a unified and cohesive facility grounds. The program is anticipated to be refined and verified to provide the design and construction of a building for Administration services, Operation control and Processing Laboratory and may share a common floor plan and layout with its companion project the Corpus Christi Whitecap WWTP Operation & Control Center. Detailed Design Scope of Services: 1. Schematic Design Phase Turner Ramirez Architects (TRA) will review information furnished by the City such as surveys of existing conditions; and will review laws, codes, and regulations applicable to our design services. TRA will evaluate initial project information, each in terms of the other, to ascertain the requirements of the Project. TRA will thus notify the City of Corpus Christi of any inconsistencies discovered in the information and other information that may be reasonably needed for the project. TRA will thus reach an understanding with the City of Corpus Christi regarding the requirements of the Project. TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 1 of 9 Based on the Project's requirements agreed upon with the City of Corpus Christi, TRA will prepare and present for the City's approval the Schematic Design package illustrating the scale and relationship of the Project site and overall Schematic Design Concept. Tasks: ■ Confirm, evaluate, and field-verify existing site conditions. [City of Corpus Christi will provide record information and data as available from existing files of current facility grounds.] ■ Review previously developed sketches, designs and/or building program documents previously provided by City of Corpus Christi. ■ Provide a conceptual design to provide new building to include operation control room, processing laboratory, administration offices, parking, and support spaces as outlined. ■ Review and study the project scope/program and proposed budget as they relate to construction feasibility. ■ Provide a preliminary opinion of construction cost. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon Notice to Proceed. Schematic Design TRA Deliverables: Project Design Meetings (3 anticipated) Architectural Schematic Design Civil Engineering Narrative Structural Engineering Narrative MEP Engineering Narrative IT/ DATA/Security Narrative (Optional Service- if accepted) Geotechnical Investigation (Optional Service - if accepted) Opinion of Probable Construction Cost Exterior Colored Renderings (2 Exterior Perspectives, 2 Interior Renderings) Schematic Design City Deliverables: Building Program of Spaces (Already provided by City of Corpus Christi) Metes & Bounds Survey (To be provided by Civil Engineer) Existing Utility Survey (To be provided by City of Corpus Christi, if available) Re-plat of Property (If required, To be provided by Civil Engineer) TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 2 of 9 2. Design Development Phase(60% City Review) Based on the City's approval of the Schematic Design Documents and the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, TRA will provide architectural services in which the process moves from the Schematic Phase to the Contract Documents phase. In this phase, TRA will prepare drawings and other presentation documents to solidify the design concept and describe it in terms of the Architectural design. The Design Development Documents (60%Set)will illustrate and describe the development of the approved Schematic Design Documents and will consist of drawings and other documents including plans, sections, elevations, typical construction details, and engineering diagrammatic layouts to fix and describe the character of the Project as to architectural and other elements as may be appropriate. The Design Development Documents (60%Set)will also include outline specifications that identify major materials and systems and establish in general their quality levels. Tasks: ■ Develop and submit for review Design Development set of plans with layout of the plans in the City of Corpus Christi's preferred format consistent with the City of Corpus Christi Plan Preparation Standards. ■ Develop and submit an opinion of probable construction cost for the project improvements. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. Design Development(60% City Review)TRA Deliverables: Project Design Meetings (2 anticipated) Architectural Design Development(60%) Drawings Civil Engineering Design Development(60%) Drawings Landscape Architecture Design Development(60%) Drawings Structural Engineering Design Development Diagrammatic (60%) Drawings MEP Engineering Design Development Diagrammatic (60%) Drawings IT/ DATA/Security Design Development Diagrammatic (60%) Drawings Outline Project Specifications Opinion of Probable Construction Cost TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 3 of 9 3. Construction Document Phase Based on the City's approval of the Design Development Documents (60% Set), and the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, TRA will prepare Construction Documents for the City's approval at 90% and 100% Signed & Sealed Final milestones. The Construction Documents will illustrate and describe the further development of the approved Design Development Documents (60% Set) and shall consist of Drawings and Specifications setting forth in detail specific materials and systems and other requirements for the construction of the Work. All drawings and specifications for building systems, and components that will make up the Construction Documents. A final set of Professionally Sealed Construction Documents provides drawings and specifications that are sufficient to comprehensively support the City's ability to obtain construction bids, necessary permits and construct the project. The City of Corpus Christi and TRA will acknowledge that in order to construct the work the City's selected General Contractor will provide additional information, including Shop Drawings, Product Data, Samples&other similar submittals which TRA will review. The final Design Phase of TRA's architectural services which focuses upon finalizing drawings & will provide detailed development of Architectural Designs & perform coordination with Engineering documents to ensure the completeness &technical correctness of final design package. Tasks: ■ Develop and submit for review a 90% set of plans with layout of the plans in the City of Corpus Christi's preferred format consistent with the City of Corpus Christi Plan Preparation Standards which include: ■ Executive summary, ■ Drawing Review Checklist and ■ Project Request Submittal Checklist, ■ Specifications, ■ Front End Documents(in track changes/PDF) ■ Bid Form ■ Develop and submit an opinion of probable construction cost for the project improvements. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. ■ Complete and submit a 100% Final (BID Set) Signed & Sealed complete set of construction drawings, plans, details, contract documents and technical specifications in accordance with the City of Corpus Christi's preferred standard format for Bidding Purposes. ■ Furnish two (2) Full Size 22"04" and two (2) 11"X17" hardcopy set of plans, as well as one (1) Flash Drive containing full size PDF Files to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. ■ Prepare and submit documents to regulatory agencies having jurisdiction TDI (WPI-8 Documents) and TDLR (ADA), etc. for review. TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 4 of 9 Construction Document TRA Deliverables: Project Design Meetings (4 anticipated) Architectural 90%CD Drawings Civil Engineering 90%CD Drawings Landscape Architecture 90%CD Drawings Structural Engineering 90%CD Drawings MEP Engineering Design 90%CD Drawings IT/ DATA/Security Design 90%CD Drawings 90% Project Specifications 90% Final Opinion of Probable Construction Cost Architectural 100%Signed & Sealed CD Drawings Civil Engineering 100%Signed & Sealed CD Drawings Landscape Architecture 100%Signed &Sealed CD Drawings Structural Engineering 100%Signed & Sealed CD Drawings MEP Engineering Design 100%Signed &Sealed CD Drawings IT/ DATA/Security Design 100%Signed & Sealed CD Drawings 100%Signed & Sealed Project Specifications Conformed Construction Documents Set- "For Construction" 4. Bidding Phase After the City's approval of Construction Documents, TRA will provide support in obtaining competitive General Contractor bids or negotiated proposals. Tasks: ■ Attend General Contractor pre-construction conference chaired by City and assist City in defining, clarifying, and responding to General Contractor questions with respect to project design, specifications, materials, and methods. ■ Prepare addenda, in preferred City format, necessary to inform General Contractors of modifications and clarifications prior to construction. The City's Engineering Services will distribute any addendum. 5. Construction Phase TRA will advise the City during project construction milestones, including significant field matters relating to the construction of the project. TRA's action in reviewing submittals will be taken in accordance with a mutually approved (City & TRA) submittal schedule generated by the General Contractor. TRA will review and approve or take TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 5 of 9 appropriate action upon the General Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for checking for conformance with information given and the design concept expressed in the Contract Documents. No more than two reviews of each submittal will be provided. TRA will review and respond to requests for information about the Contract Documents as they pertain to design intent. Requests for information are anticipated to include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. If appropriate, TRA will prepare and issue supplemental Drawings and Specifications in response to requests for information. If required, TRA will issue minor changes in the Work that are consistent with the intent of the Contract Documents that do not involve an adjustment in the Contract Sum or an extension of the Contract Time. TRA will prepare a punch list and submit it to the City and conduct the final inspection upon the completion of the project. Tasks: ■ Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. ■ Conduct a 'final inspection" with City and General Contractor, and make a recommendation concerning final acceptance. ■ Review and approve all General Contractor's shop drawings and/or submittals. ■ Prepare necessary change orders during the process of the work. City will process all change orders. Schedule: (Assumes Notice to Proceed on November 27, 2023) 1. 60% (Design Development) Submittal Due February 12, 2024 11 weeks 2. 60%City (Design Development) Review March 4, 2024 3 weeks Comments Due 3. 90% (Construction Documents) Submittal Due April 15, 2024 6 weeks 4. 90% City (Construction Documents) Review May 6, 2024 3 weeks Comments Due 5. 100% BID SET (Signed & Sealed Construction July 15, 2024 10 weeks Documents) Submittal Due 6. Permitting Phase August 5, 2024 3 weeks 7. Bidding Phase September 30, 2024 8 weeks 8. Construction Phase To Be Determined To Be Determined TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 6 of 9 Fees: A. Basic A/E Services Fees include: ■ Architecture ■ Civil Engineering ■ Structural Engineering ■ TDI Windstorm Engineering ■ MEP Engineering ■ TDLR Review (ADA) ■ Performance Telecommunications Design ■ Performance Fire Protection/ Life Safety Design ■ Bidding Support Services (as outlined above) ■ Construction Administration Services (as outlined above) oject Clos& (Construct Phase Service B. Optional Services: ■ Geotechnical Investigation Report(Design Phase Service) ■ Boundary Survey, Utility Survey, and Topographic Surveying, (Design Phase Service) ■ IT/ DATA/Security Consultant ■ Permit Preparation (Construction Phase Service)* ■ Construction Observation Services (Construction Phase Service, Hourly Not to Exceed)* - Perform twenty-eight (28) Site Inspections to confer with City's Construction Inspector and General Contractor to observe the progress and quality of work, and to determine, in general, whether the work is accordance with project design. Prepare Site Observation Reports. ■ 2015 IECC Required Commissioning (Construction Phase Service)* ■ Provide record drawings in Autodesk AutoCAD 2020 and PDF from General Contractor-prepared redlined marked-up set of construction documents (Construction Phase Service)* *Note: All Construction Phase Services Listed to be Part of Construction Cost Budget C. Summary of AIE Fees: (Basic Services are a fixed fee based on a construction budget of $2,300,000.00. 1. Schematic Design Phase $31,050.00 2. Design Development Phase $41,400.00 3. Construction Document Phase $82,800.00 4. Bidding Phase $10,350.00 5. Construction Phase $41,400.00 Sub-Total A/E Basic Services Fixed Fee $207,000.00 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 7 of 9 6. Optional Services Boundary Surveying (Design Phase— Fixed Fee $10,450.00 Utility Surveying (Design Phase—Fixed Fee Topographic Surveying (Design Phase— Fixed Fee Geotechnical Investigation Report $7,370.00 Permit Preparation Construction Phase— Fixed Fee $5,100.00 Construction Observation Services (Construction Phase— $14,700.00 Hourly/ Not to Exceed IECC Commissioning Construction Phase—Fixed Fee $3,960.00 Record Drawings Construction Phase—Fixed Fee $10,250.00 IT/ DATA/Security Consultant $10,912.00 Sub-Total Optional Services $62,742.00 TOTAL PROPOSED FEE $269,742.00 D. AIE Fee Breakdown: Discipline Design Fee Total*_$207,000.00(*plus additional services) Architectural $123,246.00 Civil $ 44,209.00 Structural&Windstorm $ 19,800.00 MEP $ 19,745.00 Discipline Design Fee Total*_$207,000.00(*plus additional services) E. BASIC SERVICES I Fee Schedule, Man Hour Breakdown for all major disciplines: Architecture Job Title Hourly Rate Total Hours Maximum Amount Payable Principal $240.00 20 $4,800.00 Director of Operations $220.00 20 $4,400.00 Design Director $200.00 45 $9,000.00 Project Architect $185.00 40 $7,400.00 Interior Designer $185.00 60 $11,100.00 Project Manager $175.00 172 $30,100.00 Associate $150.00 349.64 $52,446.00 Administration $100.00 40 $4,000.00 Architecture Total=$123,246.00 Structural&Windstorm Job Title Hourly Rate Total Hours Maximum Amount Payable Partner/Project Manager $240.00 15 $3,600.00 Project Engineer $175.00 43 $7,525.00 CADD Technician $100.00 77 $7,700.00 Administration $75.00 13 $975.00 Structural&Windstorm Total=$19,800.00 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 8 of 9 MEP Job Title Hourly Rate Total Hours Maximum Amount Payable Principal Engineer(PE2) $250.00 9 $2,250.00 Associate Engineer(PE1) $175.00 15 $2,625.00 Project Manager(PM) $175.00 32 $5,600.00 Senior Design Technician(DT2) $150.00 11 $1,650.00 Revit Technician(RT1) $100.00 66 $6,600.00 Administrative Assistance(W) $85.00 12 $1,020.00 MEP Total=$19,745.00 Civil Civil Engineering Services Associate Vice President, Practice Leader, Senior $360.00 3 $1,080.00 Associate Project Manager, Senior $280.00 60 $16,800.00 Project Engineer Technician $180.00 132 $23,760.00 Administrative Assistant $170.00 12 $2,040.00 GIS Analyst $210.00 0 $0.00 Operations/Clerical $130.00 4.069 $529.00 Subtotal=$44,209.00 F. TRA Hourly Rate Schedule: (For use in Not to Exceed and Additional Services Scopes) Turner I Ramirez Architects—Hourly Rates (2022—2023) Principal $240.00/hr Director of Operations $220.00/hr Design Director $200.00/hr Project Architect $185.00/hr Interior Designer $185.00/hr Project Manager $175.00/hr Production Associate $150.00/hr Admin $100.00/hr We appreciate working with the City of Corpus Christi once again and look to many more opportunities in the future. Should you have any questions please feel free to contact me at my office. Regards, Philip Ramirez,AIA, RID, LEED AP Principal Architect/President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 9 of 9 Capital Improvement Plan 2024 /brit 2026 City of Corpus Christi, Texas Project# 22155/22156 Project Name WWTP Operation and Control Centerslot 7 , Type Improvement/Additions Department Wastewater i Useful Life 25 years Contact Director of Water Utilities Category Wastewater Priority Critical-Condition\longevity Council District 1/4 ` �t Status Active Description This project consists of design and construction of two 4,600 square foot wastewater operations and control centers at the Allison WWTP (22155)and Whitecap WWTP(22156) that will provide working spaces,wastewater laboratory spaces,emergency sheltering area and meet health and safety and environment requirements. Justification The current facilities were built in the 1960s& 1970s and have exceeded their expected life.These facilities are not adequate for the current operations. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 2,000,000 2,000,000 4,000,000 Design 642,000 642,000 Eng,Admin Reimbursements 58,000 200,000 200,000 458,000 Total 700,000 2,200,000 2,200,000 5,100,000 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 700,000 2,200,000 2,200,000 5,100,000 Total 700,000 2,200,000 2,200,000 5,100,000 Budget Impact/Other 71 The implementation of this project will ensure normal operations of Allison WWTP and potentially reduce operational costs.An assessment will be done upon completion of project to determine maintenance costs. 344 �O N W E Y: PROJECT LOCATION] A � � s CORPUS CHRISTI MY ^roe a ro LOCATION MAP s`J NOT TO SCALE PROJECT LOCATION ___ ►� NIO,ft r r. y. m r i � IIr L i eem ro 61 y r ` F V t row Alk I AERIAL MAP NOT TO SCALE PROJECT NO. 22155 Y .h.. ALLISON WWTP OPERATION & CITY COUNCIL EXHIBIT CONTROL CENTER CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Allison WWTP Operation & Control Center Council Presentation February 13, 2024 Project Vicinity Corpus Chr sti Engineering n "a _ _ n i- PROJECT LOCATION — - AERIAL MAP Z Project Scope lw—j Corpus Chr sti Engineering ➢ Estimated Project Cost: $269,742.00 Scope of work includes the following: ➢ Design a turnkey, approximately 4,600 square foot office facility ➢ Working space for up to 10 people (cubicles & conference table) ➢ Wastewater lab with gas, electric, water, IT, and vent hoods ➢ Kitchen/breakroom ➢ Control room with IT closet (room for 2 server racks) ➢ Emergency shelter w large storage closet 3 Project Schedule Corpus Chr sti Engineering 2024 2024-20252025 - 2026 February — November December — February March — July Design Bid/Award Construction Projected Schedule reflects City Council design award in February 2024 with anticipated construction completion by Spring 2026. SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure wesleyn(a-)cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joshc2(a-)-cctexas.com 361-826-3169 Professional Services Contract Whitecap WWTP Operation & Control Center CAPTION: Motion authorizing a professional services contract with Turner Ramirez Architects, Corpus Christi, Texas, for the design of a new Whitecap wastewater treatment plant (WWTP) Operation & Control Center located in Council District 4, in an amount not to exceed $290,752.00, with FY 2024 funding available from Revenue Bonds. SUMMARY: This motion authorizes approval of a professional services contract to provide design, bid, and construction phase services for the Whitecap WWTP Operation & Control Center. This project is to provide demolition of the existing facility, and design a turnkey, approximately 4,600 square foot operations and control facility, that is outfitted to serve current and future wastewater operations. BACKGROUND AND FINDINGS: The City of Corpus Christi presently owns and operates six (6) wastewater treatment facilities. Although numerous improvements have been made to treatment processes over the decades, much of the facility infrastructure has been in service for over 50 years and suffered from decades of neglect. The Whitecap WWTP was originally constructed in 1974. It is currently undergoing modifications that are addressing aged equipment as well as installing new technologies to improve treatment efficiencies. The existing Whitecap Wastewater Administration Building is on approximately 18.7 acres. The existing facility will be demolished, and the new facility equipped with a process control laboratory, vent hoods, controls center, monitoring stations, emergency power, offices, restrooms/locker rooms, a breakroom/conference room and rehabilitation of the existing parking area. Improvements will allow staff to remotely monitor and control treatment processes, equipment, and flows. These improvements will speed response times to changes in the treatment process, create a better effluent, mitigate system upsets, and quickly identify equipment failures. In addition to the proposed new facility, there are two existing structures that need structural repairs as seen by the single wythe CMU block cracking at the head, jambs, and sill of exterior openings. The structures are the Blower Building and the Lift Station Building which are adjacent to the WWTP Operation & Control Center location. The repair scope will keep the existing facilities in operation while providing additional structural support and only providing what is required for TDI windstorm and the structural repairs needed. PROJECT TIMELINE 2024 20241 1 • February — November December - March March — July Design Bid/Award Construction Projected schedule reflects City Council award design services in February 2024, with conceptual design, and permitting completion anticipated by end of November 2024. The project schedule is dependent on a timely issuance of Notice to Proceed and is based on estimated time periods for review and response. COMPETITIVE SOLICITATION PROCESS: Turner Ramirez Architects was selected for the Professional Engineering Service in January 2022 under RFQ 3977, Professional Engineering Services for Capital Improvement Projects FY2022. Turner Ramirez Architects is one of 9 firms that submitted qualifications for this project announcement and is a local firm that has successfully completed several City projects of similar size and scope. On December 13, 2021, the Contracts and Procurement Department issued a Request for Qualifications for engineering services with the RFQ Number 3977 for Professional Engineering Services for Capital Improvement Projects FY2022. The City received a total of 9 Statements of Qualifications. The selection committee consisted of representatives from Engineering Services, Wastewater Department, and the City Manager's Office (non-scoring member). ALTERNATIVES: City Council could choose not to accept the proposed professional services agreement; however, the Whitecap WWTP Operation & Control Center is an approved project in the Wastewater CIP for FY 2024, and it will cause a delay in the development of the unified Wastewater Treatment Plant Office Facilities if this professional services agreement is not approved. FISCAL IMPACT: The fiscal impact in FY 2024 is an amount of $290,752.00 with funding available from the Wastewater Department revenue bonds. FUNDING DETAIL: Fund: WW 2024 CIP (Fund 4259) Department: Wastewater (46) Organization: Grants & Capital Project Funds (89) Project: WWTP Operation & Control Center - Whitecap (Project No. 22156) Account: Outside Consultants (550950) Activity: 22156-4259-EXP Amount: $290,752.00 RECOMMENDATION: Staff recommends approval of the professional services contract with Turner Ramirez Architects, in an amount not to exceed $290,752.00 for Whitecap WWTP Operation & Control Center Facility. The design will begin in February 2024 with estimated design completion in November 2024. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix CIP Page Location and Vicinity Maps Proposal PowerPoint RFQ No.3977 Professional Engineering Services for Capital Improvement Projects FY2022 Wastewater Treatment Plant Office Facilities Proposal Evaluation Score Turner Ramirez RVK Architecture fresch architects GMS Architects Jacobs Engineering Bath Group Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Certification V VV" v No Material Lawsuits Past 5 Years N/ No Material Regulatory Issues Past 5 Years N/ N/ References Provided for Firm N/ N/ Technical Proposal Experience on projects of similar scope and complexity 7 7 7 5 5 5 4 Demonstrated capability&capacity on comparable projects 7 7 7 5 5 4 4 Past Performance 7 7 5 5 5 5 2 Team members with experience and qualifications 7 7 7 5 5 5 4 Team members experience with workof similar scope and complexity 7 7 7 5 5 5 4 Availability of resources to accomplish the work 7 5 7 5 5 5 4 Demonstrated understanding ofthe scope ofservices 19 19 19 19 14 14 10 Demonstrated understanding and experience with a public agency 19 19 19 14 14 14 10 Subtotal Technical Proposal 80 78 78 63 58 57 42 Irrterview Demonstrated Experience providing these Services 5 5 5 4 4 0 0 Team members with experience and qualifications 5 5 5 4 3 0 0 Demonstrated understanding of scope of services 3 3 2 2 2 0 0 Knowledge of Simila r Services 3 3 2 3 2 0 0 Capability to perform work 4 4 4 3 2 0 0 Subtotal Interview 20 20 18 16 13 0 0 Total 0 98 96 79 71 57 42 RFQ No.3977 Professional Engineering Services for Capital Im Wastewater Treatment Plant Office Facilities Proposal Evaluation Score Mendez Engineering HDR Engineering International Consulting Engineers Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification N/ No Material Lawsuits Past 5 Years N/ No Material Regulatory Issues Past 5 Years N/ References Provided for Firm N/ Technical Proposal Experience on projects of similar scope and complexity 7 4 4 4 Demonstrated capability&capacity on comparable projects 7 4 4 4 Past Performance 7 4 4 2 Team members with experience and qualifications 7 4 4 4 Team members experience with workof similar scope and complexity 7 4 4 4 Availability of resources to accomplish the work 7 2 4 4 Demonstrated understanding ofthe scope ofservices 19 10 5 5 Demonstrated understanding and experience with a public agency 19 10 10 10 Subtotal Technical Proposal so 42 39 37 Irrterview Demonstrated Experience providingthese Services 5 0 0 0 Team members with experience and qualifications 5 0 0 0 Demonstrated understanding of scope of services 3 0 0 0 Knowledge of Simila r Services 3 0 0 0 Capability to perform work 4 0 0 0 Subtotal Interview 20 0 0 0 Total 0 42 39 37 Capital Improvement Plan 2024 /brit 2026 City of Corpus Christi, Texas Project# 22155/22156 Project Name WWTP Operation and Control Centerslot 7 , Type Improvement/Additions Department Wastewater i Useful Life 25 years Contact Director of Water Utilities Category Wastewater Priority Critical-Condition\longevity Council District 1/4 ` �t Status Active Description This project consists of design and construction of two 4,600 square foot wastewater operations and control centers at the Allison WWTP (22155)and Whitecap WWTP(22156) that will provide working spaces,wastewater laboratory spaces,emergency sheltering area and meet health and safety and environment requirements. Justification The current facilities were built in the 1960s& 1970s and have exceeded their expected life.These facilities are not adequate for the current operations. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 2,000,000 2,000,000 4,000,000 Design 642,000 642,000 Eng,Admin Reimbursements 58,000 200,000 200,000 458,000 Total 700,000 2,200,000 2,200,000 5,100,000 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 700,000 2,200,000 2,200,000 5,100,000 Total 700,000 2,200,000 2,200,000 5,100,000 Budget Impact/Other 71 The implementation of this project will ensure normal operations of Allison WWTP and potentially reduce operational costs.An assessment will be done upon completion of project to determine maintenance costs. 344 10/24/2023 Revision 5 1?X TURNER I RAMIREZ Mr. Jeffrey H. Edmonds P.E. A R C H I T E C T S Director of Engineering Services City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 SUBJECT: Project#22156 1 Whitecap WWTP Operation &Control Center Dear Mr. Jeffrey H. Edmonds P.E.: Please accept this letter as our proposal to perform the professional services desired in developing the New City of Corpus Christi Whitecap WWTP Operation & Control Center project. It is understood that the proposed hard construction project budget for the new Whitecap WWTP Operation & Control Center is approximately $2,300,000.00. This project budget excludes the Optional Services "B" of the Blower Building Repairs and the Lift Station Repairs. Background and Purpose: The Corpus Christi Whitecap WWTP Operation & Control Center is currently located on approximately nine and one-half (9.5) acres on Whitecap Boulevard. We will be demolishing the existing facility and rebuilding a new Whitecap WWTP Operation & Control Center is on the same site as the original The facility will be one story structure in the area range of 4,500 to 4,600 square feet. The City of Corpus Christi Whitecap WWTP Operation & Control Center program is understood to include the following: semi-public entry, operation control room, processing laboratory, administrative offices, break room, cubical workstations, conference room, support spaces, restrooms, locker rooms, and secure parking. This new facility will be designed to maintain the current aesthetics for a unified and cohesive facility grounds. The program is anticipated to be refined and verified to provide the design and construction of a facility for Administration services, Operation control and Processing Laboratory and may share a common floor plan and layout with its companion project the Corpus Christi Allison WWTP Operation & Control Center. Optional Services "B": There are two existing structures that are in need of structural repairs as seen by the single wythe CMU block cracking at the head, jambs, and sill of exterior openings. The structures are the Blower Building and the Lift Station Building which are adjacent to the WWTP Operation & Control Center location. The repair scope would be to keep the facilities in operation while providing additional structural support and only providing what is required for TDI windstorm and the structural repairs needed. The roofs are existing to remain, minor exterior repairs as needed, and replacement of glazing and louvers. MEP and Civil Engineering are excluded from the scope due to the expectation of those services will not be required. If required; however, an amendment to the proposal will be submitted. TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 1 of 11 Detailed Design Scope of Services: 1. Schematic Design Phase Turner Ramirez Architects (TRA) will review information furnished by the City such as surveys of existing conditions; and will review laws, codes, and regulations applicable to our design services. TRA will evaluate initial project information, each in terms of the other, to ascertain the requirements of the Project. TRA will thus notify the City of Corpus Christi of any inconsistencies discovered in the information and other information that may be reasonably needed for the project. TRA will thus reach an understanding with the City of Corpus Christi regarding the requirements of the Project. Based on the Project's requirements agreed upon with the City of Corpus Christi, TRA will prepare and present for the City's approval the Schematic Design package illustrating the scale and relationship of the Project site and overall Schematic Design Concept. Tasks: ■ Confirm, evaluate, and field-verify existing site conditions. [City of Corpus Christi will provide record information and data as available from existing files of current facility grounds.] ■ Review previously developed sketches, designs and/or building program documents previously provided by City of Corpus Christi. ■ Provide a conceptual design to provide new building to include administration offices, support spaces as outlined and parking. ■ Review and study the project scope/program and proposed budget as they relate to construction feasibility. ■ Provide a preliminary opinion of construction cost. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon Notice to Proceed. Schematic Design TRA Deliverables: Project Design Meetings (3 anticipated) Architectural Schematic Design Civil Engineering Narrative Structural Engineering Narrative MEP Engineering Narrative IT/ DATA/Security Narrative (Optional Service- if accepted) Geotechnical Investigation (Optional Service - if accepted) Opinion of Probable Construction Cost Exterior Colored Renderings (2 Exterior Perspectives, 2 Interior Renderings) TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 2 of 11 Schematic Design City Deliverables: Building Program of Spaces (Already provided by City of Corpus Christi) Metes & Bounds Survey (To be provided by Civil Engineer) Existing Utility Survey (To be provided by City of Corpus Christi, if available) Re-plat of Property (If required, To be provided by Civil Engineer) 2. Design Development Phase(60% City Review) Based on the City's approval of the Schematic Design Documents and the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, TRA will provide architectural services in which the process moves from the Schematic Phase to the Contract Documents phase. In this phase, TRA will prepare drawings and other presentation documents to solidify the design concept and describe it in terms of the Architectural design. The Design Development Documents (60% Set) will illustrate and describe the development of the approved Schematic Design Documents and will consist of drawings and other documents including plans, sections, elevations, typical construction details, and engineering diagrammatic layouts to fix and describe the character of the Project as to architectural and other elements as may be appropriate. The Design Development Documents (60% Set) will also include outline specifications that identify major materials and systems and establish in general their quality levels. Tasks: ■ Develop and submit for review Design Development set of plans with layout of the plans in the City of Corpus Christi's preferred format consistent with the City of Corpus Christi Plan Preparation Standards. ■ Develop and submit an opinion of probable construction cost for the project improvements. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. Design Development TRA Deliverables: Project Design Meetings (2 anticipated) Architectural Design Development(60%) Drawings Civil Engineering Design Development(60%) Drawings Landscape Architecture Design Development(60%) Drawings Structural Engineering Design Development Diagrammatic (60%) Drawings MEP Engineering Design Development Diagrammatic (60%) Drawings IT/ DATA/Security Design Development Diagrammatic (60%) Drawings Outline Project Specifications Opinion of Probable Construction Cost TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 3 of 11 3. Construction Document Phase Based on the City's approval of the Design Development Documents (60% Set), and the City's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, TRA will prepare Construction Documents for the City's approval at 90% and 100% Signed & Sealed Final milestones. The Construction Documents will illustrate and describe the further development of the approved Design Development Documents (60% Set) and shall consist of Drawings and Specifications setting forth in detail specific materials and systems and other requirements for the construction of the Work. All drawings and specifications for building systems, and components that will make up the Construction Documents. A final set of Professionally Sealed Construction Documents provides drawings and specifications that are sufficient to comprehensively support the City's ability to obtain construction bids, necessary permits and construct the project. The City of Corpus Christi and TRA will acknowledge that in order to construct the work the City's selected General Contractor will provide additional information, including Shop Drawings, Product Data, Samples &other similar submittals which TRA will review. The final Design Phase of TRA's architectural services which focuses upon finalizing drawings & will provide detailed development of Architectural Designs & perform coordination with Engineering documents to ensure the completeness &technical correctness of final design package. Tasks: ■ Develop and submit for review a 90% set of plans with layout of the plans in the City of Corpus Christi's preferred format consistent with the City of Corpus Christi Plan Preparation Standards which include: ■ Executive summary, ■ Drawing Review Checklist and ■ Project Request Submittal Checklist, ■ Specifications, ■ Front End Documents(in track changes/PDF) ■ Bid Form ■ Develop and submit an opinion of probable construction cost for the project improvements. ■ Assimilate all review comments, modifications, additions / deletions and proceed to next phase, upon written Notice to Proceed. ■ Complete and submit a 100% Final (BID Set) Signed & Sealed complete set of construction drawings, plans, details, contract documents and technical specifications in accordance with the City of Corpus Christi's preferred standard format for Bidding Purposes. ■ Furnish two (2) Full Size 22"04" and two (2) 11"X17" hardcopy set of plans, as well as one (1) Flash Drive containing full size PDF Files to the City of Corpus Christi for review and comment. The City shall assume cost for reproduction of additional sets. ■ Prepare and submit documents to regulatory agencies having jurisdiction TDI (WPI-8 Documents) and TDLR (ADA), etc. for review. TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 4 of 11 Construction Document TRA Deliverables: Project Design Meetings (4 anticipated) Architectural 90%CD Drawings Civil Engineering 90%CD Drawings Landscape Architecture 90%CD Drawings Structural Engineering 90%CD Drawings MEP Engineering Design 90%CD Drawings IT/ DATA/Security Design 90%CD Drawings 90% Project Specifications 90% Final Opinion of Probable Construction Cost Architectural 100%Signed & Sealed CD Drawings Civil Engineering 100%Signed & Sealed CD Drawings Landscape Architecture 100%Signed &Sealed CD Drawings Structural Engineering 100%Signed & Sealed CD Drawings MEP Engineering Design 100%Signed &Sealed CD Drawings IT/ DATA/Security Design 100%Signed & Sealed CD Drawings 100%Signed & Sealed Project Specifications Conformed Construction Documents Set- "For Construction" As-built preparation 4. Bidding Phase After the City's approval of Construction Documents, TRA will provide support in obtaining competitive General Contractor bids or negotiated proposals. Tasks: ■ Attend General Contractor pre-construction conference chaired by City and assist City in defining, clarifying, and responding to General Contractor questions with respect to project design, specifications, materials, and methods. ■ Prepare addenda, in preferred City format, necessary to inform General Contractors of modifications and clarifications prior to construction. The City's Engineering Services will distribute any addendum. 5. Construction Phase TRA will advise the City during project construction milestones, including significant field matters relating to the construction of the project. TRA's action in reviewing submittals will be taken in accordance with a mutually approved (City & TRA) submittal schedule generated by the General Contractor. TRA will review and approve or take TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 5 of 11 appropriate action upon the General Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for checking for conformance with information given and the design concept expressed in the Contract Documents. No more than two reviews of each submittal will be provided. TRA will review and respond to requests for information about the Contract Documents as they pertain to design intent. Requests for information are anticipated to include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. If appropriate, TRA will prepare and issue supplemental Drawings and Specifications in response to requests for information. If required, TRA will issue minor changes in the Work that are consistent with the intent of the Contract Documents that do not involve an adjustment in the Contract Sum or an extension of the Contract Time. TRA will prepare a punch list and submit it to the City and conduct the final inspection upon the completion of the project. Tasks: ■ Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. ■ Conduct a "final inspection" with City and General Contractor and make a recommendation concerning final acceptance. ■ Review and approve all General Contractor's shop drawings and/or submittals. ■ Prepare necessary change orders during the process of the work. City will process all change orders. ■ Provide FEMA Flood Elevation Certification Schedule: (Assumes Notice to Proceed on November 27, 2023) 1. 60% (Design Development) Submittal Due February 12, 2024 11 weeks 2. 60% City (Design Development) Review March 4, 2024 3 weeks Comments Due 3. 90% (Construction Documents) Submittal Due April 15, 2024 6 weeks 4. 90% City (Construction Documents) Review May 6, 2024 3 weeks Comments Due 5. 100% BID SET (Signed & Sealed Construction July 15, 2024 10 weeks Documents) Submittal Due 6. Permitting Phase August 5, 2024 3 weeks 7. Bidding Phase September 30, 2024 8 weeks 8. Construction Phase To Be Determined To Be Determined TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 6 of 11 Fees: A. Basic A/E Services Fees include: ■ Architecture ■ Civil Engineering ■ Structural Engineering ■ TDI Windstorm Engineering ■ MEP Engineering ■ TDLR Review (ADA) ■ Performance Telecommunications Design ■ Performance Fire Protection/ Life Safety Design ■ Bidding Support Services (as outlined above) ■ Construction Administration Services (as outlined above) ■ Project Closeout(Construction Phase Service)* B. Optional Services "A ■ Geotechnical Investigation Report(Design Phase Service) ■ Boundary Survey, Utility Survey, and Topographic Surveying, (Design Phase Service) ■ IT/ DATA/Security Consultant ■ Permit Preparation (Construction Phase Service)* ■ Construction Observation Services (Construction Phase Service, Hourly Not to Exceed)* - Perform twenty-eight (28) Site Inspections to confer with City's Construction Inspector and General Contractor to observe the progress and quality of work, and to determine, in general, whether the work is accordance with project design. Prepare Site Observation Reports. ■ 2015 IECC Required Commissioning (Construction Phase Service)* ■ Provide record drawings in Autodesk AutoCAD 2020 and PDF from General Contractor-prepared redlined marked-up set of construction documents (Construction Phase Service)* *Note: All Construction Phase Services Listed to be Part of Construction Cost Budget C. Optional Services "B" I Basic AIE Services Fees include: ■ Existing Blower Building & Existing Lift Station Building o Architectural o Structural Engineering o TDI Windstorm Engineering o Bidding Support Services (as outlined above) o Construction Administration Services (as outlined above) o Permit Preparation (Construction Phase Service)* o Construction Observation Services o Project Closeout(Construction Phase Service)* TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 7 of 11 D. Summary of AIE Fees: (Basic Services are a fixed fee based on a construction budget of $2,300,000.00. 1. Schematic Design Phase $31,050.00 2. Design Development Phase $41,400.00 3. Construction Document Phase $82,800.00 4. Bidding Phase $10,350.00 5. Construction Phase $41,400.00 Sub-Total A/E Basic Services Fixed Fee $207,000.00 6. Optional Services "A" Boundary Surveying (Design Phase— Fixed Fee $10,450.00 Utility Surveying (Design Phase—Fixed Fee Topographic Surveying (Design Phase— Fixed Fee Geotechnical Investigation Report $6,820.00 Permit Preparation Construction Phase— Fixed Fee $5,100.00 Construction Observation Services (Construction Phase— $14,700.00 Hourly/ Not to Exceed IECC Commissioning Construction Phase—Fixed Fee $3,960.00 Record Drawings Construction Phase—Fixed Fee $10,250.00 IT/ DATA/Security Consultant $10,912.00 Sub-Total Optional Services $62,192.00 TOTAL PROPOSED FEE $269,192.00 E. Optional Services "B" I Summary of AIE Fees: (Basic Services are a lump sum) 1. Schematic Design Phase $3,234.00 2. Design Development Phase $4,312.00 3. Construction Document Phase $8,624.00 5. Bidding Phase $1,078.00 5. Construction Phase $4,312.00 Optional Services "B" I TOTAL PROPOSED FEE $21,560.00 D. Summary of AIE Basic Service and Optional Service Fees: A/E Basic Services Fixed Fee Sub-Total $207,000.00 Optional Services "A" Sub-Total $62,192.00 Optional Services "B"Sub-Total $21,560.00 TOTAL BASIC AND OPTIONAL `A' & 'B' PROPOSED FEE $290,752.00 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 8 of 11 E. AIE Fee Breakdown: BASIC SERVICES: Discipline Design Fee Total*_$207,000.00(*plus additional services) Architectural $123,246.00 Civil $ 44,209.00 Structural&Windstorm $ 19,800.00 MEP $ 19,745.00 OPTIONAL SERVICES "B": Discipline Design Fee Total*_$21,560.00(*plus additional services) Architectural $13,860.00 Structural&Windstorm $ 7,700.00 F. BASIC SERVICES I Fee Schedule, Man Hour Breakdown for all major disciplines: Architecture Job Title Hourly Rate Total Hours Maximum Amount Payable Principal $240.00 20 $4,800.00 Director of Operations $220.00 20 $4,400.00 Design Director $200.00 45 $9,000.00 Project Architect $185.00 40 $7,400.00 Interior Designer $185.00 60 $11,100.00 Project Manager $175.00 172 $30,100.00 Associate $150.00 349.64 $52,446.00 Administration $100.00 40 $4,000.00 Architecture Total=$123,246.00 Structural&Windstorm Job Title Hourly Rate Total Hours Maximum Amount Payable Partner/Project Manager $240.00 15 $3,600.00 Project Engineer $175.00 43 $7,525.00 CADD Technician $100.00 77 $7,700.00 Administration $75.00 13 $975.00 Structural&Windstorm Total=$191800.00 MEP Job Title Hourly Rate Total Hours Maximum Amount Payable Principal Engineer(PE2) $250.00 9 $2,250.00 Associate Engineer(PE1) $175.00 15 $2,625.00 Project Manager(PM) $175.00 32 $5,600.00 Senior Design Technician(DT2) $150.00 11 $1,650.00 Revit Technician(RT1) $100.00 66 $6,600.00 Administrative Assistance(W) $85.00 12 $1,020.00 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 9 of 11 MEP Total=$19,745.00 Civil Civil Engine rinServices Associate Vice President, Practice Leader, Senior $360.00 3 $1,080.00 Associate Project Manager, Senior ineer $280.00 60 $16,800.00 Project En Technician $180.00 132 $23,760.00 Administrative Assistant $170.00 12 $2,040.00 GIS Analyst $210.00 0 $0.00 Operations/Clerical $130.00 4.069 $529.00 Subtotal=$44,209.00 G. OPTIONAL SERVICES "B" Fee Schedule, Man Hour Breakdown for all major disciplines: OPTIONAL SERVICES"B" I Architecture Job Title Hourly Rate Total Hours Maximum Amount Payable Principal $240.00 4 $960.00 Director of Operations $220.00 4 $880.00 Design Director $200.00 0 $0.00 Project Architect $185.00 7 $1,295.00 Interior Designer $185.00 0 $0.00 Project Manager $175.00 25 $4,375.00 Associate $150.00 35 $5,250.00 Administration $100.00 11 $1,100.00 Architecture Total=$13,860.00 OPTIONAL SERVICES"B" 1 Structural&Windstorm Job Title Hourly Rate Total Hours Maximum Amount Payable Partner/Project Manager $240.00 11 $2,640.00 Project Engineer $175.00 12 $2,100.00 CADD Technician $100.00 25.1 $2,510.00 Administration $75.00 6 $450.00 Structural&Windstorm Total=$7,700.00 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 10 of 11 H. TRA Hourly Rate Schedule: (For use in Not to Exceed and Additional Services Scopes) Turner I Ramirez Architects—Hourly Rates (2022—2023) Principal $240.00/hr Director of Operations $220.00/hr Design Director $200.00/hr Project Architect $185.00/hr Interior Designer $185.00/hr Project Manager $175.00/hr Production Associate $150.00/hr Admin $100.00/hr We appreciate working with the City of Corpus Christi once again and look to many more opportunities in the future. Should you have any questions please feel free to contact me at my office. Regards, Philip Ramirez, AIA, RID, LEED AP Principal Architect/President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 11 of 11 9�p N $ PROJECT LOCATION w � F ` A CORPUS CHRISTI EAY LOCATION MAP NOT TO SCALE 3 [-PROJECT LOCATION r - AERIAL MAP NOT TO SCALEPROJECT NO. 22156 f4. WHITECAP WWTP OPERATION CITY COUNCIL EXHIBIT & CONTROL CENTER CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES /l Corpus Chr sti Engineering Whitecap WWTP Operation & Control Center Council Presentation February 13, 2024 Project Vicinity Corpus Chr sti Engineering III .c PROJECT LOCATION AERIAL MAP Z Project Scope �q�wj Corpus Chr sti Engineering ➢ Estimated Project Cost: $290,752.00 Scope of work includes the following: ➢ Design a turnkey, approximately 4,600 square foot office facility ➢ Working space for up to 10 people (cubicles & conference table) ➢ Wastewater lab with gas, electric, water, IT, and vent hoods ➢ Kitchen/breakroom ➢ Control room with IT closet (room for 2 server racks) ➢ Emergency shelter with large storage closet ➢ Demo of old building ➢ Parking Lot (Surrounding) rehabilitation ➢ Structural Assessment and design for the associated blower bldg. and Electrical Bldg. 3 Project Schedule Corpus Chr sti Engineering February — November December - March March — 7dJulyCesign BidlAward Construion Projected Schedule reflects City Council design award in February 2024 with anticipated construction completion by Spring 2026. Cor pus 67r Sti Engineering QUESTIONS? �vs cr �o o� v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyeCa)-cctexas.corr. (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2(a-)-cctexas.com (361) 826-1677 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2a-cctexas.com (361) 826-3169 Construction Contract Award Concrete Street Improvements (IDIQ) Program FY2023 and 2024 CAPTION: Motion awarding a construction contract to Mako Contracting LLC, Corpus Christi, Texas, in an amount not to exceed $1,000,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $2,000,000.00 for the Concrete Street Improvements IDIQ program at various locations, as planned in the Infrastructure Management Plan, located city-wide, with FY 2024 funding of $815,490.00 available through Street Fund, Storm Water, Wastewater, and Water Capital Funds. SUMMARY: This motion approves a construction contract to perform citywide concrete street improvements as planned in the Infrastructure Management Plan. The work will be issued by the City of Corpus Christi's Public Works Department in multiple individual work orders called "Delivery Orders" that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. BACKGROUND AND FINDINGS: This project is an Indefinite Delivery Indefinite Quantity (ID/IQ) construction contract consisting mainly of cleaning and sealing concrete joints and some concrete work at various locations throughout the City. The work will be issued by the City of Corpus Christi's Public Works Department in multiple individual work orders called `Deliver Orders' that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. This is a "not to exceed" contract and may only issue as many Delivery Orders as there is funding to cover. General requirements to complete this work include traffic control, site specific traffic control at signalized intersections and work zone pavement markings. No improvements to City water, wastewater, and gas infrastructure are anticipated as necessary with this Project. Construction of the Project improvements will be limited to one direction of travel at a time and be performed under one lane traffic control. All lanes of travel will be open to traffic by 5 p.m. at the end of the day. ROW acquisition is not anticipated as necessary for the construction of the Project Improvements. The contract will have an initial one-year term, with the option to renew for one additional one- year period administratively in an amount up to $1,000,000.00 for a total amount not to exceed $2,000,000.00. The contract amount is set based on the funding available. The unit prices for the items came in lower than the engineers estimate. The determination to exercise renewal options will be based on the Contractor's successful performance for the work on the DO's. Each Delivery Order shall be treated as an individual contract and be completed within the stipulated substantial completion days in each DO document. The total bid amount for the listed below streets is $739,050.00. Below is the list of streets for concrete streets improvements as planned in the Infrastructure Management Plan. • Oakhurst Drive from S.P.I.D. to Pavement Change • Shoreline Drive from Belden St. to Turn Around • Southern Minerals Road from Upriver Road to Pavement Change • Williams Drive from South Staples to Airline Road PROJECT TIMELINE: 2023 2023 2024-2025 January- June July - December February —January Design Bid/Award Construction Project schedule reflects City Council award in February 2024 with anticipated completion in one year. COMPETITIVE SOLICITATION PROCESS In July 2023, the Contracts and Procurement Department issued a Request for Bid for the project but received no responses. The project was re-bid in November 2023, and the City received bids from two bidders on December 13, 2023. The City evaluated the bids in accordance with the contract documents and determined Mako Contracting to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Mako Contracting $739,050.00 Epic Energy Services LLC $746,027.00 Engineer's Opinion of Probable Construction Cost $1,004,138.00 Mako Contracting has successfully completed numerous projects with the City including El 2134 SEA District Improvements, 18029A Lipes Boulevard, El 5098 Downtown Road and Streetscapes Improvements, E14002 Community Park Development and Improvements etc. ALTERNATIVES: The alternative is not to award the construction contract to Mako Contracting, which would delay the project and conflict with the City Council's goal to expedite street projects. FISCAL IMPACT: The fiscal impact in FY 2024 is in the amount of $815,490.00 with funding available from the Street Fund, Storm Water, Wastewater, and Water Capital Funds, and the balance of $184,510 to be budgeted in FY 2025 Street Fund through the annual budget process. FUNDING DETAIL: Fund: Street— Streets (Fund 1041) Organization: Street Preventative Maint Prog (12415) Department: Street (Dept 33) Project No.: 23191- Concrete Street Improvement Program FY 2023 & 2024 Account: Maint & Repairs-contracted (530215) Activity: 23191 Amount: $750,000.00 Fund: Storm Water- StrmWtr 2023CIP (Fund 4534) Department: Storm Water (Dept 47) Project No.: 23191- Concrete Street Improvement Program FY 2023 & 2024 Account: Construction (550910) Activity: 23191 Amount: $35,719.00 Fund: Water-WTCP RR 032950 2023 (Fund 4487) Department: Water (Dept 45) Project No.: 23191- Concrete Street Improvement Program FY 2023 & 2024 Account: Construction (550910) Activity: 23191 Amount: $13,530.00 Fund: Wastewater-WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (Dept 46) Project No.: 23191- Concrete Street Improvement Program FY 2023 & 2024 Account: Construction (550910) Activity: 23191 Amount: $16,241.00 Overall Total $815,490.00 RECOMMENDATION: Staff recommends awarding the construction contract for 23191- Concrete Street Improvement Program FY 2023 & 2024 to Mako Contracting, in an amount not to exceed $1,000,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $2,000,000.00. The construction duration is planned for 12 months from issuance of the Notice to Proceed, with construction starting in February 2024 and completed by January 2025. LIST OF SUPPORTING DOCUMENTS: Street List Bid Tab Location Map SHORESITE LINE 2: 3 5 8 RRIlE SITE is a ...32860 oacHuesT DRIVE MCqA e R� , COHPus o\\\\ 0 � CHRISTI o612212022 181 BAY Q-1 KID 3 IH37RE ®®❑®�0�®®❑❑� `� ����® ® ®®®®❑❑ate 286 ® � $ V 3 Wit._ ,�� �<v W�® L®J❑��0 3 --------- '�:�c.i._'wi��.��.�-.a�DY7❑4-_.� ':� _�_3.11�7�- `--�® ------'-- '. � �r�;� --"w`- -----1�-------------------------------------------------- SITE 1:OAKHURST DRIVE(S.P.I.D.-PAVEMENT CHANGE) SITE 2:SHORELINE DRIVE(BELDEN ST.-TURN AROUND) a x SCALE:N T S. SCALE:NTS. U~ -- -- .-- �, -_- ----_---- -- - - - - - - C �q SITE 3: NP S 4 STE OUTHERN WILLIAMS MIN ERATS ROAD DRIVE H L Z M w Lu H37 ROgO O 06 gal C7 � EL del RD Lu N Q W 3rJg Y `� wOf LL LJ F-< L oggRo sT ;� e o O a o H37 EE ------------------------- SITE 3:SOUTHERN MINERALS ROAD(UP RIVER ROAD-PAVEMENT CHANGE) SITE 4:WILLIAMS DRIVE(SOUTH STAPLES STREET TO AIRLINE ROAD) xECTo�o uuwx xo. SCALE:NTS. SCALE:NTS. S 1 R-1 025 CIN PRSIELi j 27191 ptCreFgS 1�'1 k32860 � jVI Ag 0006/22/2022 f •��T_31 �✓ ��-', . a x_'71 �S"1 � e , D OAKWRST DRIVE m b .v. cn3 f p Awa , - a rr,r-a 51ZA M LU U1'1 _ W O oN w s w c U a ch cn �o � w N SITE 1:OAKHURST DRIVE(S.P.I.D.-PAVEMENT CHANGE) LU _ SCALE_N T S- W LL Q Q O O d U)< LU W O w 'If'If ~ d U� (n In Z O U a sHfET 07ar 49 OECORO Dm—w CONSTRUCTION STR-1025 LIMITS CIN PMECT j 2iloi R, I,Iq 132860 06/22/2022 p� 4VkY3� 4w. _ NSHORELINE BLVD memo l i n m A R a O JLu o W N Z >o SITE 2:SHORELINE DRIVE(BELDEN ST.-TURN AROUND) 0 x w Sc BENTS. a m z N N W>- � ~ W LL Of U Q ' N z W cl W O w [Lu Of U d m Z a O U a sH¢r 08 ar 49 flECORO OMWNC N0. CONSTRUCTION STR—1 025 LIMITS a tlp pNd ECiJ 27191 ptCreFgS 1,'1 R tE32860 ra 0612212022 ,°I � 3 V SOUTHERN MINERALS ROAD N = Lu r a ) I a w N a o, , T rr ) N z Om, r SITE 3:SOUTHERN MINERALS(UP RIVER ROAD TO PAVEMENT CHANGE) € a SCALE:N T S. y W>- Lu = Of r0 U¢ o W(D O Of O d w Z � O w U a sHEET 09 ar 49 ffcom Dm—N0. CONSTRUCTION a STR-1025 LIMITS 1 ONPMELij 27191 1b 4 32860 _ Z W J _ U Z 06/22/2022 d J SO WILLIAMS DRIVE U � oW ~ _ > m � e- t t 4 ��e I� e�-G N - C � II .r. 7 r T O Z c G 3 = O m m r–n �— w J Q U w x o w v C)f 06 z �' o w � " Lu w d SITE 4:WILLIAMS DRIVE(SOUTH STAPLES STREET TO AIRLINE DRIVE) o U o SCALE:N T S. = - Q 0 . U(D cn LU O Of U d w Z � O O U a sHEET 10 ar 49 flECORO OMWUG'N0. KCONSTRUCTION STR-1025 LIMITS CIN PMECT j mi TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa,CTCD DESIGN ENGINEER:Vivi Mouhtarova,P.E. BID DATE: Wednesday,December 13,2023 RFB 5502 MAKO CONTRACTING LLC EPIC ENERGY SERVICES,LLC PROJECT NO.23191 Concrete Street Improvement Programs FY 2023&2024(IDIQ) 1526 Holly Road 6397 Highway 77 BASE BID Corpus Christi,Texas 78417 Odem,TX 78370 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL Al MOBILIZATION(MAX 5%) LS 1 $ 5,000.00 $ 5,000.00 $ 18,000.00 $ 18,000.00 A2 PROJECT BONDS AND INSURANCE(MAX 2%) AL 1 $ 15,000.00 $ 15,000.00 $ 14,500.00 $ 14,500.00 A3 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 6 $ 3,600.00 $ 21,600.00 $ 8,850.00 $ 53,100.00 A4 TEMPORARY TRAFFIC CONTROL-SITE SPECIFIC EA 4 $ 15,000.00 $ 60,000.00 $ 5,500.00 $ 22,000.00 A5 BIODEG EROSN CONT LOGS(12")(INSTALL) LF 300 $ 10.00 $ 3,000.00 $ 5.26 $ 1,578.00 A6 BIODEG EROSN CONT LOGS(12")(REMOVE) LF 300 $ 10.00 $ 3,000.00 $ 5.26 $ 1,578.00 A7 AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART A-GENERAL(Items Al thru A7) $ 112,600.00 $ 115,756.00 Part B-STREET IMPROVEMENTS B1 CLEANING AND SEALING EXISTING JOINTS LF 70,600 $ 6.00 $ 423,600.00 $ 8.11 $ 572,566.00 B2 CONCRETE PAVEMENT SURFACE REPAIR(SPALL REPAIR) SY 30 $ 3,000.00 $ 90,000.00 $ 285.00 $ 8,550.00 B3 REFL PAV MRK TY I(W)8"(SLD)(090 MIL) LF 100 $ 18.75 $ 1,875.00 $ 7.25 $ 725.00 B4 REFL PAV MRK TY I(W)4"(SLD)(090 MIL) LF 100 $ 7.50 $ 750.00 $ 4.85 $ 485.00 B5 REFL PAV MRK TY I(W)4"(BRK)(090 MIL) LF 100 $ 10.00 $ 1,000.00 $ 4.85 $ 485.00 B6 REFL PAV MRK TY I(Y)4"(SLD)(090 MIL) LF 100 $ 7.50 $ 750.00 $ 4.85 $ 485.00 B7 REFL PAV MRK TY I(Y)4"(BRK)(090 MIL) LF 100 $ 10.00 $ 1,000.00 $ 4.85 $ 485.00 B8 REFL PAV MRK TY I(Y)4"(DBL)(SLD)(090 MIL) LF 100 $ 18.75 $ 1,875.00 $ 7.25 $ 725.00 B9 PORTABLE CHANGEABLE MESSAGE SIGN EA 10 $ 4,000.00 $ 40,000.00 $ 750.00 $ 7,500.00 B10 JALLUVVANUtz FOR UNANTICIPATED STREET IMPROVEMENTS AL 1 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B10) $ 565,850.00 $ 597,006.00 Part D-ADA IMPROVEMENTS D1 INSTALL ADA COMLIANT CONC CURB RAMPS&LANDINGS SF 100 $ 40.00 $ 4,000.00 $ 25.25 $ 2,525.00 D2 REMOVE CONC CURB RAMPS&LANDINGS SF 100 $ 10.00 $ 1,000.00 $ 5.50 $ 550.00 D3 INSTALL SIDEWALK SF 100 $ 15.00 $ 1,500.00 $ 9.90 $ 990.00 D4 REMOVE SIDEWALK SF 100 $ 7.00 $ 700.00 $ 5.50 $ 550.00 D5 AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 SUBTOTAL PART D-ADA IMPROVEMENTS(Items D1 thru D5) $ 12,200.00 $ 9,615.00 Page 1 of 2 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa,CTCD DESIGN ENGINEER:Vivi Mouhtarova,P.E. BID DATE: Wednesday,December 13,2023 RFB 5502 MAKO CONTRACTING LLC EPIC ENERGY SERVICES,LLC PROJECT NO.23191 Concrete Street Improvement Programs FY 2023&2024(IDIQ) 1526 Holly Road 6397 Highway 77 BASE BID Corpus Christi,Texas 78417 Odem.TX 78370 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part E-DRAINAGE IMPROVEMENTS E1 INSTALL CONC DRIVEWAY SF 100 $ 12.00 $ 1,200.00 $ 13.50 $ 1.350.00 E2 REMOVE CONC DRIVEWAY SF 100 $ 7.00 $ 700.00 $ 5.50 $ 550.00 E3 INSTALL 6"CONC CURB LF 100 $ 35.00 $ 3,500.00 $ 17.50 $ 1.750.00 E4 REMOVE 6"CONC CURB LF 100 $ 10.00 $ 1,000.00 $ 3.50 $ 350.00 E5 STORM INLET REPAIRS SF 100 $ 100.00 $ 10,000.00 $ 12.50 $ 1.250.00 E6 ADJUST MANHOLE(STORMWATER) EA 2 $ 2,500.00 $ 5,000.00 $ 750.00 $ 1.500.00 E7 ALLOWANCE FOR UNANTICIPATED DRAINAGE IMPROVMENTS AL 1 $ 5,000.00 $ 5,000.00 $ 5.000.00 $ 5,000.00 SUBTOTAL PART E-DRAINAGE IMPROVEMENTS(Items E1 thru E7) $ 26,400.00 $ 11,750.00 Part F-WASTEWATER IMPROVEMENTS F1 1ADJUST EXISTING WATER VALVE EA 2 $ 2,500.00 1$ 5,000.00 $ 200.00 1$ 400.00 F2 JALLUVVANUtz FOR UNANTICIPATED WATER IMPROVEMENTS AL 1 $ 5,000.00 1$ 5,000.00 $ 5.000.00 1$ 5.000.00 SUBTOTAL PART F-WASTEWATER IMPROVEMENTS(Items F1 thru F2) $ 10,000.00 $ 5,400.00 Part G-GAS IMPROVEMENTS G1 1ADJUSTING MANHOLES(WASTE) EA 1 2 $ 3,500.00 1$ 7,000.00 $ 750.00 1$ 1.500.00 G2 JALLUVVANUtz FOR UNANTICIPATED WASTEWATER IMPROVEMENTS AL 1 1 $ 5,000.00 $ 5,000.00 $ 5.000.00 $ 5,000.00 SUBTOTAL PART G- GAS IMPROVEMENTS(Items G1 thru G2) $ 12,000.00 $ 6,500.00 TOTAL BASE BID $ 739,050.00 $ 746,027.00 Page 2 of 2 Corpus Chr sti Engineering Concrete Street Improvements (IDIQ) FY 2023 &t 2024 Council Presentation February 13, 2024 Engineering Project Location Cor-pus Chr sti GNw__e), 9 9 The list of streets for concrete streets improvements as planned in the Infrastructure Management Plan: • Oakhurst Drive from S.P.I.D. to Pavement Change • Shoreline Drive from Belden St. to Turn Around • Southern Minerals Road from Upriver Road to Pavement Change • Williams Drive from South Staples to Airline Road Project Location CorpusChrst; Engineering t c _ ,IST): 77 Ell 'Al RE JA o � Atw SITE 1.OAKHURST DRIVE(S.P.I D.-PAVEMENT CHANGE) S.ITE 2.SHORELINE DRIVE(BELDEN ST_-TURN AROUND) s sic.i J J sou,�ae N / N IH37 r I T � `t SITE 9 SOUTHERN MINERALS ROAD l UP RIVER ROAD PAVEMENT CHANGE) SITE 4.WILLIAMS DRIVE(SOUTH STAPLES STREET YO AkRLINE ROAU7 3 GNW__e),Fl Project Scope CorpusChrst; En ineerinEngineering This motion approves a construction contract to perform citywide concrete street improvements as planned in the Infrastructure Management Plan. The work will be issued by the City of Corpus Christi's Public Works Department in multiple individual work orders called "Delivery Orders" that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. Project Schedule Carpus Chr sti Engineering 2023 20231 January-June July- December February-January Design Bid/Award IL Construction Project schedule reflects City Council award in February 2024 with anticipated completion in one year. so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 13, 2024 DATE: January 30, 2024 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Laura Garcia, Director of Libraries lauraga(a-)cctexas.com (361) 826-7070 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award Library Improvements - Citywide (Neyland) CAPTION: Motion awarding a construction contract to NorthStar Elite Construction & Consulting, LLC., Spring Branch, TX, for the Neyland Library Improvements project in an amount of $560,504.00 located in Council District 2 with FY 2024 funding available from the Certificates of Obligation funds. SUMMARY: This motion approves a construction contract for the Neyland Library Improvements project for the replacement of corroded iron sanitary sewer lines, relocation of the staff restroom, conversion of the existing children's restroom to family restroom, renovation of the men's and women's restrooms, repair of rear building envelope to improve site drainage, enhancement of janitorial closet, and addition of a fire exit ramp for the designated children's area. BACKGROUND AND FINDINGS: The Anita and W.T. Neyland Public Library was originally built in 1962 and was formerly named Parkdale Library until its renaming in 2008 to its present name. The Neyland Library's original cast iron sanitary water lines have significant corrosion and cause concern of possible rupture into the library's foundation and crawl space. The existing children's restroom restricts proper adult supervision, and the public restrooms are not ADA compliant. The existing staff restroom is inconveniently located in the staff area and is also non-code compliant. The project scope includes rerouting underground sanitary sewer lines from the restrooms to the main sewer line located at the NW of the building, remodeling the public restrooms to comply with current building, plumbing, energy, and ADA codes, converting the existing children's restroom into a family restroom for the safety of children, relocating the existing staff restroom to a more practical location and adequately sizing it for code compliance, upgrading the existing janitorial closet by adding a floor-mounted mop service sink for ease of maintenance, closing off the rear building windows to create privacy for a staff restroom and to better control heat from the sun, and replacing existing waterlines. Additive Alternate Number 1 replaces the non-compliant aged wooden stairs with a premanufactured ADA aluminum ramp for the children's area fire exit. PROJECT TIMELINE: 2023 20241 February - October November - February March - August Design Bid/Award Construction Project schedule reflects award in February 2024 with anticipated completion by August 2024. COMPETITIVE SOLICITATION PROCESS: On September 17, 2023, the Contracts and Procurement Department issued a Request for Bids with the RFB number 5262 for Library Improvements - Citywide (Neyland) project. The City of Corpus Christi received bids from four bidders on October 31, 2023. The city analyzed the bids in accordance with the contract documents and determined NorthStar Elite Construction & Consulting, LLC is the lowest responsive, and responsible bidder. As the lowest bid received was within the acceptable range of Engineer's Opinion of Probable Construction Cost the City decided to proceed with the project. A summary of the bid is provided below: BID SUMMARY CONTRACTOR BASE BID ALTERNATE TOTAL NorthStar Elite Construction $541,004.00 $19,500.00 $560,504.00 & Consulting, LLC STBP, Inc. $540,124.85 $22,799.00 $562,923.85 DLF Texas $535,212.79 $28,750.00 $563,962.79 Azteca Designs, Inc. $631,676.75 $53,000.00 $684,676.75 Engineer's Opinion of $519,435.00 $26,410.00 $545,845.00 Probable Construction Cost Northstar Elite Construction & Consulting, LLC's has been awarded the West Guth Skate Park project within the city. Northstar Elite Construction & Consulting, LLC has successfully completed a variety of new construction projects such as City Hall & Community Center (Nixon, TX), Blanco County Annex (Blanco, TX), Wilson Community Health Center (Floresville, TX), Karnes Community Health Center (Karnes, TX), Fire Station (Refugio, TX), San Diego ISD Field House (San Diego, TX), Sun Valley Elementary (San Antonio, TX), Greater Austin Pain Center (Kyle, TX), and holds Affiliations/Certifications from Associated General Contractors of America-San Antonio Chapter. ALTERNATIVES: The alternative is not to award the construction contract to the lowest responsive and responsible bidder, Northstar Elite Contractors & Consulting, LLC. This would delay the new improvements to Anita & W.T. Neyland Public Library and the possible subsequent failing of the sanitary sewer lines below the library. FISCAL IMPACT: The fiscal impact in FY2024 is an amount of $560,504.00 with funds available from Facilities Certificates of Obligation capital fund. The approved CIP project page is included in the package and this project is drawing from funding in CIP project #: 22026. Funding Detail: Fund: 2022COFMntCIP (Fund 3167) Department: FacilitiesMnt (12) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 23185 Amount $560,504.00 RECOMMENDATION: Staff recommend awarding a construction contract for Library Improvements (Citywide Neyland) to Northstar Elite Contractors & Consulting, LLC for the essential repairs and renovations to the building in an amount of$560,504.00 with anticipated completion by August 2024. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Bid Tab CIP Page PowerPoint TABULATION OF BIDS Mary lmposanen6 .1.All Oft-(NW-) c xoxmsTAtaxa,L. PM-231M PARTA:GENERAL REWIREMENTS SECTION 912991 MEASU REM ENT AND SASS MR RAYMEN Tl Al M11 S2121111 VIC 91.111 835.999.991 11ID11 11 $1R917 -- &9.999.99 -1. S.- I- 'S xs 833.999.99 833.999.99 $153.5393'$ $153.53943 - 8133.91899 $13x.91999 "-DD N.mnDD -MON) LS 1 52138245 - &59.]99.99 %59.]99.99 - 83935vn9 839.35v.99 A- S.b-1 ftn'A'(k,m A I thmugh A3) $120,962.00 V28,00000 E2--% $197,989.43 63.68% $195,598.00 61.70% $135,106.00 11.69% PART&UISTNG ONS(R SECT ON 912991 MEASUREMENT AN D BAST S MR RAYMEN Tl $2259 $2259. $1-. 83999.Do - .3799 $x3799 .- 814993.99 814993.99 -11% 839999.99 839999.99 1-.- alsaig m-', LS 1 $1-Do 85999-. 8.599_Do $I-Do - 853125 853125 4- $19- $19-Do Faro Sa99I.- B3 522.997.99 $22.999.. $18999.99 $lR-DD - --Do 821935.994- - -A. 82e 925 oO 82182599 31- . H-Cd-1. LS 1 85299.99 85299.. $8599Do $859999 - 59.99 89.99I.- B5 R-m-t- LS 1 $7,275. $7,275 X $,-Do $,-D) - 8x29.99 8x29.99 -2. Voo 89.99I.- . 842599 8425. $12999.99 $12999n9 272S.- 8x29.99 8x29.991- M. M. $Roo 89.99I.- B7 R-11.., V-1-F-ly- OF 72 $7. $-1 $3 DI $2- - S291.1 S2, 31", M. 1.29% $R 001 10, ,. ­ S.b ,.i $42$42,654.00nB'(k, BlthmghB7) $42,6 . $43,716.00 2.49% $ 62.77 $47,995.00 12.52% 558,821.11 3].911 PART C CONCRETE&NIASONRY(R SECT ON 912991 MEASUREMENT AN D BASI S FOR RAYMEN Tl SF $7. $1- $5. $2- -3. $1875 -75. C1 "-" C2 S=,-M-(N-dM--k 89999.99 %9.999.99 o.Iw,s $1,S75. $1,S75.;-7117% W. 89.99 & C� mil ::��$75- 17,-- $1, -.7% %2. $7400 $7- 1 12 �646-16] S,bwr,JP,Rl'C'(k,m ClthmghC3) 41827% $16,530.00 7-1. b$20,950.W 3.46% $7,40.00 PARTD.MOD,PLUSTCS,AND C-SITES( SECTION 91 2991 MEASUREMENTANDBASSFORRA-ENT) Dl IRD 2h"-' I SF I - 1 $8.1 $9 $7,11DWI 12- 11 82165 1 $17-d 17- 1 8x.99 1 --j -.Gn 1 $8711 86.880.99 D2 M I LS 1 1 1 $19259D� 819259. 991 $19999.991 - 11 8283125 8283125 - I %9.699.991 89.699.991 - 1 812999.99 1 S1bwr1J P,RT D'(ft1m DI thmugh D2) I 1 1 $16,570.00 $17,110.00 326% $19,934.75 20.31% $12,760.00 -22.99% $18,880.90 PART E THERNIAL AND-SMRE PROTECTONS( SECTION 912991 MEASU REM ENT AN D BASS MR RAYMEN Tl El Ia amllea wP manomre at CMu wallsam uncerslaB 5 6991 19251 85550. $8d --991 1851% 11 831111 819-d -.1- 1 991 8x.299991 2a32x 1 19171 $559299 E2 1--a- OF 1 12S 1 811.5� $1- D� 8x68.99 - 11 $15631 82.990641 1 .1 8512 C01 - 1 $12.5� $1699 Slb-11 Part-E(ftll El thmugh 0) $7,022.00 $5,568.00 -20.71% 11 $21,878.64 211.67% $4,712.00 -32.90% $7,102.00 23185-ATTAGHMENT I P-1.1 TABULATION OF BIDS I.-IISSIST-11: Mary lmltm�len6 Oft-(NWI-) c -11A 111, 111-1 xoxmsTAtnxGuc PM-231M UNIT U.1-1 ANOU.1 U.-H-1 A-U.1 11-- U.1-1 A.-I 1-- U.-Ill 1-- U--1 ANOU.1 PART F.OPENINGS. SE-ON 012901 MEASUREMENTAND BASS MR PAYMENTl 'I 1 1 Di W0.0 $1%0.. 10- 1 sl,.S.1 $1,G28 W1 - $2-W $ orslgiedmropemlgs1 2 1 1 -112;11 11,12 j fl- 1 $1�1!1 $1301. 1- 1 1,- S, I.- FA 7-DI M37 P$l±11DI. $1- g� (-S-1) 1 �D s-. 11- Subroml-n F'(ft-F1 through F3) $3,20000 $1,400.00 -5625% $3,32000 3.75% $4,205.00 31.44'/, 53,456.00 8.80% PART G:FINISH SE-ON 81 29 D1 MEASUREMENTAND BASS MR PAYMENTl Gl mp m- SF S $1.. -12. %75 12 $1-36 -- 1. 712 W .0. 8121 $.`8.343.% 1-.- G2 84. m. Sara. .0. $- SeoBI.- 1, m w 84.. - %21 .75. - %. bean. W- $D. m. I.- G4 R­-tl--ft-at pl-g fl- SF $18. $.. 8mm11.11% $1175 $75. .17% -. .2000 -- $D. Ea. I.- - Fdrolly- SF 75 $12 S.a $11. - $1125 -75 - m. . 4- .1 as $3875. U1.67% G6 Prep-am M-CT-M SF 1D $1D. $1.. $1D. $1.. - $1175 $1R7 R) ST.- -0. 1.- G7 P=I.tNi new AP,-12"1 Dies ana rew S 90 $120.. $11e00.. %.. %40.. S- $15. $1350.. -0. bz.10 $11729 73- SF 21115 $5. $t 1532.. .15 85.%225 -1. $7 U $111011 S,. $125.. .0. $5 $1190545 G9 P-.,--'m SF 1. %25 -25 $2. $2.R) - $714 $- S,. 85... 4- $D. $B W GS- GlD $5. $1575. $2 M $1-R) - $714 1.1D 85.. -75. .0. R). SB.. I.- Gll N-Gy,--1,M(P-) SF - 1175. m .17. -S. $714 -77 R) 42- -75W $D. Sam I.- Repair G12 SF 12 $12. 814x.. $15. $1.. 25.mx .175 %25. -S. m. $1... I&S. $D. m. .- xrstnG13 sF415 -75 $5 -75. 82.50 1 $-7. 81.. .,.D. $0.I $U.. - SIbull Pla'G'(ftG1 thmgh G13) $36,565.75 $20,662.75 43.49%j $31,190.51 -14.70% $U,814. 4.79% $92,054.81 PART H: ES(pa SE-0 8129Bt MEASUREMENTANO SR-RPA-ENT) Hl IRD-19lage - 1 1 181525. 81525 81 mo. $1-.1 1D.- 11 82.0.. U.M 1 $1524. $1524MI - $1524MI $1524. - H2 Diel LF 4�D 1 !171 $57,D72 1 !!,IlDl .7.4% A- 1 $7 WI $2.171.Z11.4- 1 S5,-R, LS $,_Dj DI $,!_ =F F&E $5_ 17 .2 -71- .;Z. $7, .1 $7,-. 2&- S.bRN.j ftn'H'(ft,m HI through H3) $14,497.50 $16,310.00 12M-H/ H!=LT;�;�' -25.31% $8,78400 419.41 90 -1.06% 23185-ATTAGHMENTI Page 2.5 TABULATION OF BIDS Mary lmpo�anen6 .1.All Cft-(NW-) c xoxmsTA11x6 L. PM-231M PART 1:PLOWING(per SECTION 012901-SUREMENTAND BASIS MR P-MENTl $1503 $3.100. $350.0O $1,400DO - $&]503 DO, 1- $70000 $2.mo.0 E0.c0 ID DO $-DO, $-0, $65086w.0 1- WOOD WOOD 1- $&00.00 DO, $000 $0.00 I.- 13 $-DO, $-Oc $- DO, -3. $1000.00 $1000.00 - 8&00.00 Se0o.0 $000 $0.00 I.- 1� 1-M EA 1 $500.0 $500.Oc .15. .1500 - $1000.00 $1000.00 i... 8&00.00 Se0o.0 $000 $0.00 I.- 15 A-SOmPln restroom sinks $300.00 $1500.0, $175. 8&]500 $100.0 $5000.00 .3.3. 8&00.00 Sa.000.0 1.- $000 .DO, I.- 1. -g,M. d.­ EA 1 $37500 $375. $29D $29&0 .12. ­2 DO -67% -DO, Ssaoo -m $000 $000 I.- 17 M EA 1 $1,57500 $1,575. $200.DI $200.00 -3. $2000.00 $2000.00 $160.0 $1600.00 1- $000 $0.00 lerI D "Itwltn "I EA 1 1,-DO, 1,-Do .. $4,533.03 - $1802/0 $1802/0 .1. $1-DO, $1-DO I - $0.00 1 F- EA 2 -DOD $900.Do -OD $1]00 41.11% %2500 $125000 -DO, $l,-.l 11.11% $0.00 .DO, 11 - $100.1 95-1 11251 W12 5 DO - -DO 2-1 %0.00 DO $3,!D WI f $1 195 DO $1.75. 1-.- S mt__ LF $1]000 $1&500 $,2,DO,DO, $175. "62o.so $14100 _1,D. $000 $B.W OfSubroml Part (k,m K through 111) $89,483.00 $72,541.0 -13.69% S77,675,00 -7.58% PARTJ: GL(p SECTION 0129 of IN-REM ENT AN D BASIS MR PMMEN Tl 11 S-1d-K-t LES .7 $2&] $1802615 K1500 $134.005DO, $4.263.60 $3200 K- 11- $23.12 1149614 7 $530.03 $5000Do $250 $253000 %33.16 %,33163 - -DO, S9.mo.0 %.0 $0.03 J3 -g&m-m P.JM..1y SO - R) $0.00 $1 $1,7177 $14A75 DO DO, -71- $000 $0.00 -. -1- J4 01 ­ Pt-D�N SO 965 0 DO ;5; 5 $172DOD 1D - - � 50 47 $1DO, -.1 -1- S,bwt,J�n V'(ft-J1 thm,gh J4) $32,193.75 $159,500.00395."% $18,112.55 d.97-1. 1.76% $14,491.21 PART K ELECTRCAL(per SECTION 0129 Dl-SUREMENTAND BASIS FOR PAYMENT) res at powerdlAnWoonSO 11- $12 $1200000 $1500 $1500000 ,06000 -5. $1200 $1200000 - $000 .DO, I.- NO -0-WR- EA . sl0000l Shoo.Do DO, DO -D. $11666 %99.96 1- $12500 $75000 $000 $0.00 I.- K3 Lg11 M c=)&1-(.1.saes -dr 1 M,52500 -525 -- %- - . - Do - , . $125000 $1200 1- OD $2329500 $23,29500 41481% _1-t 1 E-h-d­ EA 4 840001 $1600Do $150. $633.0 4- K8125 $112500 - 9100 -D. %.W $B.W I.- K5 a't,­ EA 4 $200.00 $e W.Do $11500 $460.00 4- .0625 %2500 $166.00 %64.00 $0.00 $000 I.- S,bwt,J Pan W'(ft,m KI thmgh K5) $19,525.00 $U,608.00 26.03% $16,959.96 -13.14% $17,504.00 -10.35% $23.295.00 19.31% 23185-ATTAGHMENT I Page 345 TABULATION OF BIDS Mary lmpo�anen6 Olt—(NMI ) c xoxmsTtnxGuc Plp—231M PART L:URTANYOFIK(per SECTION 012901 MEASUIREMENTAND BASS MR PAYMENTl 11 R111 111,11, IS 1 12,1D 1 12— 111 1111 11— 111211 111211 — I 1 11— $1151.00 11 112,11 _L_ Ul_ perlmeErCY IS 111 1 D. — %2. .1. CD — CD I.— M M '1 1106-'— IS 1 .4 1—W M7M .37. $937 50 41St mo.9 $1—CD $6.29200 S.b—1 ftn V(ft—Ll through L31 R.�00.A. M,59.00 111.1 .062.1B 1.82% 112,�00.00 44.941 $1],862.00 PART Nt BUILDING W—MENTS(�SECTION Dl 29 D1 MEASU REM ENT ANO BASS MR PAYMEN Tl M 1 1 .1 space access 1 IS 1 1 1 $x1250.00 -001 11 $3.12500 ..A. 1 $7600.00 1 $000 $0.00 I.— M- M2 N-I—I I —ft C— 111 1 7 1 11 !210� $15 D!j $000 $0.00 —1- 1 '51 M3 1, 13 '.5 .5 -11'11" M3 N- 1 $1274 117.7. I� .1— D $000 10. 1.- -S' S A,ft $42,045.00 $12,2U00 -70.93% -------- S.bl.111 ftn'M'(&I,,M1 through W) I I I I 1 $3,558.00 -91.M% $8,4woo -80.02*1 $000 PART N:ALLO—NCES(per SECTION.1231.ALTERNATES AN D ALM-N CES) 1 1 1 AL 1 1 1 816000.00 1 $16000.00 1 $30.W..9 1 $30-1 — 11 $160]500 1 $160]500 1 $12081 DD 1 $12081 DD 1 $14628 DD I N2 A AL 1 855.000.00 I—.I D.— 11 $55.000.00 I 8550E0001 D— I "0E0001 $55.000.00 I D.— 1 $55.000.00 I 110001� D SIbuall ftn W'(k1m N1 thmgh N2) $71,000.00 $85,000.00 19.72% $71,875.00 1.23% $67,081.00 -5.52% $69,628.00 1,ADDI�IE ALIRNATE 1(1 SECTION Dl 21 1D ALTERNATES ANDAL—LACES) .1amp 1 IS 1 1 1 $2641000 $53-001 $53-1 — 11 $20]50.00 DD I &M 1 $195-1 $19500 DD I —M I S2279900J S.bmtli P, a 0'(ftll 0 1 thmgh 01) $26,410.00 $53,000.00 10.68% $28,750.00 8.86% $19,500.00 -26.16% $22,799.00 23185-ATTAGH M ENT I TABULATION OF BIDS E:sus,easoe lUme Bial Mary lmpo�anerxz .1.All QI NWI-) c xoRmsT LnxN,L. PM-231M -7-7- m BID SUMMARY 11- ..Rl..A 1-1--R- --ULlI­ P.HA GENERAL CONDITIONS(It.-Al tDI,A3) $120,96200 $128,00000 5.82% $19],98943 63.68% $195,59800 61.70% $135,10600 11.69% P.H B EXI STI NG CONDITI DNS CU.-Bl tDI,37) $42,654.00 $43,71600 2.49% $25,W2 77 -40.54% $4],99500 12.52% $513,1325 DO 37.91% P.H C-CONCRETE&MASONRY(It.-Cl tDI,C3) $20,25000 $12,50000 41827% $16,53000 -18.37% $20,95000 3.46% $1400 DO -63.46% P.H D WOOD,PILASTI C,AND COMPOST STIES CU.-Dl tDI,D2) $16,57000 $17,11000 326% $19,934.]5 20.31% $12,76000 -22.99% $18,88090 13.95% P.H E THERMAL AND MOISTURE PROTECTI ON CU.-El tD,E2) $7,02200 $5,56800 -20.71% $218]864 211.57% $4,71200 412.90% $7.102.00 1.14% P,H F OPENINGS(Hems`1 LID,F3) $3,20000 $140000 -5625G] $3,32000 3.75% $4,20600 31.44% $3,45600 8.00% P.H G 'I NI SHIES(It.-G 1 tDI,G 13) $W,565 75 $20,66275 43.49% $31,190.51 -14.70% $3481400 -4. % $92,05481 151.75% P,H H SPECIALTI ES(Hems H 1 tD,H3) $14,4P7 50 $16,31000 12.50% $10,82830 -25.31% $8,]84.00 419.41% $1434390 -1.06% P,H I PLUMB NG(Hems 11 tD,111) $84,050.00 $89,48300 6.46% $88,61070 5.43% $]2,54180 -13.69% $7],67500 -7.58% P,H J MECHANICAL(t-J1 tD,J4) $32,19375 $159,500.00 395.44% $18,11255 -43.74% $32,75D 00 1.76% $14,49624 -64.97% P,H K ELECTRI CAL(Hems K1 tD,K5) $14,52500 $24,60800 26.03% $16,95996 -13.14% $1150400 -10.35% $23,29500 19.31% P.H L EARTHWORK(It.-T1 tDI,L3) $8,90000 $15,59500 75.22% $9,06218 1.82% $12,90000 44.94% $1186200 100.70% P.HM BUILDING IMPROVEMENTS(-Ml tD,M3) $42,04500 $1222400 -70.93% $3,55800 -91.54% $8,40000 40.02% INCLUDED IN OVERALL BI P,H IN ALLOWANCES Ot-IN 1 through N2) $7180000 $85,00000, 19.72% $]1,8]500 1.23% $6],08180 1 -5.52% $69,62800 -1.93% TOTAL BASE BID PARTS A,B,C,D,E,F,G,H,1,J,K,L,M,&N $519,435.00 $631,676.75 $535,212.79 $541'00400 $540,124.85 P,HN ALLOWANCES(t-N1tD,LghN2) $26,410 00 $53,000001 100.68% $28,758 DO 8.86% $19,50000 -26.16% $22,799 NO -13.67% ITOTAL BASE BID&ADDIDIVE ALTERNATE N.A(PARTS $545,845.00 $684,676.75 $563,962.79 $560,50400 $562.923.85 STEP OW been 111-1d-d all imare - mild.m bW.d have been combined m bM .-bid d-dir.. LEGEND CORRECTED O DOW A...ALT. O LOW OVERALL.1. DISCUSSED Al GC 23185-ATTACHMENT I P-5 AMcwAs I om e € w PROJECT LOCATION " V N .fir ' a SCALE: N.T.S. CORPUS CHRISTI BAY �4 S� qip�� MS �•., � ryr .. 4 � , W� LOCATION MAP NOT TO SCALE v � „ r 4 m n Af� JI "• i;, V p a .i ¢ .m w. �v o � PROJECT LOCATION y f , AERIAL MAP NOT TO SCALE PROJECT NUMBER: 23185 LIBRARY IMPROVEMENTS - CITY COUNCIL EXHIBIT • • CITY OF CORPUS CHRISTI, TEXAS CITYWIDE (NEYLAND) DEPARTMENT OF ENGINEERING SERVICES 1W Capital Improvement Plan 2024 thril 2026 City of Corpus Christi, Texas Project# 22026 Project Name Library Improvements- City-Wide Upgrades - Type Reconditioning-Asset Longevity Department Public Facilities Useful Life 25 years Contact Director of Asset Management Category Building Rehabilitation Priority Critical-Asset Condition\longevity Council District City-Wide Status Active Description Project consists of various improvement projects to City libraries including but not limited to mechanical,electrical,HVAC,interior and exterior repairs and improvements.These improvements and rehabilitations are beyond the current bond funding. Justification The current library buildings require rehabilitation,improvements and upgrades for ADA,safety and community welfare.Libraries act as cooling centers during summer. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 289,262 1,263,449 1,552,711 Design 70,000 150,000 220,000 Eng,Admin Reimbursements 47,289 150,000 197,289 Total 406,551 1,563,449 1,970,000 Funding Sources Prior Years 2024 2025 2026 Total Certificates of Obligation(Prior) 406,551 1,313,449 1,720,000 General Fund(Prior) 250,000 250,000 Total 406,551 1,563,449 1,970,000 Budget Impact/Other An assessment will be done upon completion of project to determine maintenance costs. 176 Corpus Christi Engineering Library Improvements - Citywide (Neyland) Council Presentation February 13, 2024 Anita & W.T. Neyland Public Library = Corpus Chr sti �r Engineering LOCATION ✓�- �� �� wor ro scue r h , � Cp PROJECT LOCATION e y h.. 2 Project Scope —r* Corpus Chr sti Engineering • This project proposes repairs to the corroded sanitary sewer lines and upgrades to the public and staff restrooms. • The scope is summarized below: • Replace corroded sewer lines. • Renovate existing restrooms to comply with current ADA and fire codes. • Convert the existing child's restroom into a family restroom. • Close rear building windows to repurpose space for relocation of the staff restroom. • Add new ADA and fire code compliant exit ramp. Project Schedule Corpus Chr sti Engineering February - October November - February March - August Design Bid/Award Construction The project schedule indicates that construction will begin in March 2024 and is projected to end in August 2024. so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 13, 2024 DATE: February 9, 2024 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager stevev(a)cctexas.com (361) 826-3445 FROM: Daniel McGinn, AICP, Director of Planning and Community Development danielmc(a)cctexas.com (361) 826-7011 Resolution of Support for 9% Low-income Housing Tax Credits for Palms at Morris CAPTION: Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 81-unit affordable housing project known as Palms at Morris at 2212 Morris Street to be developed by TG 110 Palms at Morris, LP. SUMMARY: Resolution of Support for an up to 81-unit development known as Palms at Morris 9% Low-income Housing Tax Credits development at 2212 Morris Street. The development will house Seniors with incomes at or below 60 percent of the area median income (AMI). BACKGROUND AND FINDINGS: Applications from developers for 9% Low-income Housing Tax Credits (LIHTC) are due to the Texas Department of Housing and Community Affairs (TDHCA) on March 1, 2024. LIHTCs are administered by the Internal Revenue Service and allocated to states. They are a critical funding tool for multi-family low-income housing projects. Region 10/Urban, which includes Nueces, Aransas, San Patricio, and Victoria counties, is generally awarded one LIHTC project annually. The 9% LIHTC application process is highly competitive. TDHCA awards LIHTC applications 17 points to projects that receive a Resolution of Support from the local municipal government entity. The Resolution of Support is necessary for the project to be competitive in the application process. The City does not determine application scores or the results of any tiebreakers. TDHCA will make the scoring determinations. Each TDHCA pre-application is required to include a self-score. At the date of this memo, Palms at Morris is projected to be 72 units with eight units for renters with incomes at or below 30 percent AMI, 15 units for renters with incomes at or below 50 percent AMI, and 49 units for renters with incomes at or below 60 percent AMI.The proposed development is located at 2212 Morris Street. The 3.47 acres for this project was sold to the developer by the City (contingent on receiving the LIHTC) in response to the Request for Interest for projects to develop housing on land gifted to the City from the Ed Rachal Foundation. The developer intends to request a $1 million HOME Investment Partnerships Program loan. The organizations submitting the project are TG 110, Inc and Prospera Housing Community Service. A Resolution of Support does not guarantee that Palms at Morris will be awarded LIHTCs. There were three competitive 9% LIHTC pre-applications submitted to TDHCA for Region 10/Urban. The three TDHCA pre-applications were each in Corpus Christi. Two of the three submitted requests to the City for Resolutions of Support. The second project to request a Resolution of Support, Palms at Williams, is also being recommended for support. The developer of the third project, Millpond at Corpus Christi, is not moving forward with the project this year. TDHCA Pre-Applications in Region 10/Urban Development Address Units Population Developer Self Score Palms at Morris 2212 Morris St Up to 81 Elderly Prospera 132 Palms at Williams 7031 Williams Dr Up to 81 Elderly Prospera 132* Millpond at Corpus 605 Furman Ave Up to 82 General FishPond 131 Christi** * Since the TDHCA pre-application self-score, this application has had changes that will result in a one-point deduction and is no longer projected to be tied with Palms at Morris. **This project did not request a Resolution of Support from the City. ALTERNATIVES: The alternative is to not approve a Resolution of Support, which would reduce or eliminate the chance that the project will be determined by TDHCA to be competitive and thereby jeopardize the potential for the project to receive Low-income Housing Tax Credits. FISCAL IMPACT: The City will provide a $500 building permit fee waiver if the project is awarded the LIHTC and the development moves forward. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11451 Mission Element: 132 Project # (CIP Only): NA Account: 530500 RECOMMENDATION: City staff recommends approval of the Resolution of Support. LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Presentation Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 81-unit affordable housing project known as Palms at Morris at 2212 Morris Street to be developed by TG 110 Palms at Morris, LP. Whereas, TG 110 Palms at Morris, LP (the "Applicant") has proposed a development project to construct an up to 81-unit multifamily development for renter households with incomes at or below 60% of the area median income. The proposed development is located at 2212 Morris Street. ("Palms at Morris"); Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCK)for 2024 Housing Tax Credits for the Palms at Morris; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council of the City of Corpus Christi hereby supports the proposed Palms at Morris. Section 2. The City Council for the City of Corpus Christi hereby acknowledges support for the proposed Corpus Christi Project located at 2212 Morris Street. Section 3. The City commits $500 in reduced fees if the Palms at Morris Project is awarded low-income housing tax credits. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Resolutions of Support for 9% Low-income Housing Tax Credit Projects Palms at Morris and Palms at Williams AO City Council February 13, 2024 Low-income Housing Tax Credits • Low-income Housing Tax Credits (LIHTC) are the most common financing tool for multi-family affordable rental housing units • Tax credits are awarded by the Texas Department of Housing and Community Affairs (TDHCA). The application process is highly competitive • Corpus Christi is in Region 10/Urban which includes Nueces, Aransas, San Patricio, and Victoria counties. The region generally receives 1 award each year from the competitive process • In 2022 and 2023 TDHCA awarded the LIHTC for Region 10/Urban to projects in Victoria • There are no applications outside of Corpus Christi in 2024 LIHTC Timeline 01/05/2024 Deadline for TDHCA Pre-Applications 01/15/2024 Deadline for Applications to City for Resolutions of Support 02/13/2024 Recommendations for Resolutions presented to Council 03/01/2024 Deadline for Full Applications from Developers to TDHCA 06/2024 TDHCA Publishes List of Eligible Applications 07/2024 TDHCA Announces Final Awards Pre-Applications Submitted to TDHCA MW Development Name Development Address EME LIHTC Request Palms at Morris 2212 Morris Street 81 72 Elderly $1,392,380 Palms at Williams 7031 Williams Drive 81 64 Elderly $1,392,380 Millpond at Corpus Christi" 605 Furman Avenue 82 NA General $1,392,381 Available LIHTC $1,392,382 *The number of units in a project is refined as projects proceed from TDHCA pre-application to full application. **MillPond at Corpus Christi did not submit an application for a Resolution of Support from the City.The developer indicated that the project is not going forward at this time. TDHCA Pre-application Scoring* Palms at Palms at Millpond at Morris Williams Corpus Christi Self-Score 132 132 131 Government Support** 17 17 17 Community Participation** 4 4 4 State Rep Support** 8 8 8 Input from Community Orgs** 4 4 4 Concerted Revitalization Plan** 7 7 7 Readiness to Proceed** 1 1 1 Total Points 173 173*** 172 *Pre-application scores are not final scores.Several factors can change between the TDHCA pre-application and the TDHCA full application that impact the scoring. **While not part of the self-score,the developers have projected the points they will receive in these categories. ***Since the TDHCA pre-application self-score,this application has had changes that will result in a one-point deduction and is no longer projected to be tied with Palms at Morris. Incomes Served Income • • • • 30% AMI $16,250 $19,720 50% AMI $27,100 $31,000 60% AMI $32,520 $37,200 • � � = Total Units Palms at Morris 8 15 49 72 Palms at Williams 7 14 43 64 6 1 2024 LIHTC Applications � '.Tr..WYE P � ^:m"SL} ]+ / �'T '• �f � � n. t Morris 04 1 ,4 Palms MillPond at Corpus Christi w IS v Es 'fY'ww ssYYSS +a�... 1 -Palms at Williams ''-- 7 EGoogWEarth m m + �; M Palms at Morris • Developers/Owners — TG 110 and Prospera • 2212 Morris Street — D1 • 3.47 acres bought from CityAW - t • Part of the RFI for projects to 1 s develop housing on lots gifted to - City from ERF • 72 units for 30%, 50% & 60% AMI Seniors • 1- and 2-bedroom mix • $16.2 million estimated cost • HOME loan of $1,000,000 will be requested s — ------------- L -� s n -�■ � �� '� lol �nl �'�, � lob In 0€ � n �� �■ 1 ,p_ a � - ��`��_., �II f---1 �� "�� �I �� 11 1��1 ..��1 3� �P � 1��. 1■ + � 11 �n� 4�gi 1>. I��. 11 f r+ter illllllllllllll III IIIIIII III iY r lanai 111 IIIIIII nl 111 JI_III I ,n �� Doom( Illllllllluli I y IlUlfllllllll II III IIII � �Illlllllu' iiriil�_. i I �� I PROSPERA I CONCEPT I Palms at Morris - Senior Living I ..^cupE HOUSING A-APPROVED I�� COMMUNITY SERVICES Corpus Christi, Texas 9 Palms at Williams • Developers/Owners — TG 110 and Prospera ra -;, 4— !at • 7031 Williams Drive — D4 ~� • +/-2.712 acres ; • 64 units for 30%, 50% & 60% AMI Seniors • 1- and 2-bedroom mix r • $17 million development cost • HOME loan of $1,000,000 will be requested 10 4S X1111 ■1 ■1111 \_11111 1111111/11 1 ,\ tl1111B1i�1 IMl�lllillll�uliiili'�IIdR �J uauuuiuiiiui'liipnmiiiii.iiiil Ilauoaaiil',III 1 r � — ®rr ■-`�I, II II�III �11j1 IIIIII,iiil �' I II Illldll�I li-il'Im lily ..R ,,. IPI IIGI Ildl,••l• Fs,�+ul�, Iifiilh 01111 l;Nl 4Es o, 1 ® I�I11 I ■ ?�•j. ® I'Itll,l iililYOii<ii IV®IJY@ Illliilii lnm x„ uauallalni lihuuua a Poulin Inuuum12 I � . P�osING CONCEPTUAL nousm� Palms at Williams- Senior Living COMMUNITYDESIGN SERVICESESCorpus Us Christi Texas r 11 Resolutions of Support • Staff recommend Council authorization of Resolutions of Support for Palms at Morris and Palms at Williams • Resolutions of Support that include a financial contribution from the local municipal government result in an additional point in the scoring process • Applications receiving the additional point are considered most competitive • Commitment to $500 in fee waivers for each of the two new projects is included in the Resolutions of Support so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 13, 2024 DATE: February 9, 2024 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager stevev(a)cctexas.com (361) 826-3445 FROM: Daniel McGinn, AICP, Director of Planning and Community Development danielmc(a)cctexas.com (361) 826-7011 Resolution of Support for 9% Low-income Housing Tax Credits for Palms at Williams CAPTION: Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 81-unit affordable housing project known as Palms at Williams at 7031 Williams Drive to be developed by TG 110 Palms at Williams, LP. SUMMARY: Resolution of Support for an up to 81-unit development known as Palms at Williams 9% Low- income Housing Tax Credits development at 7031 Williams Drive. The development will house Seniors with incomes at or below 60 percent of the area median income (AMI). BACKGROUND AND FINDINGS: Applications from developers for 9% Low-income Housing Tax Credits (LIHTC) are due to the Texas Department of Housing and Community Affairs (TDHCA) on March 1, 2024. LIHTCs are administered by the Internal Revenue Service and allocated to states. They are a critical funding tool for multi-family low-income housing projects. Region 10/Urban, which includes Nueces, Aransas, San Patricio, and Victoria counties, is generally awarded one LIHTC project annually. The 9% LIHTC application process is highly competitive. TDHCA awards LIHTC applications 17 points to projects that receive a Resolution of Support from the local municipal government entity. The Resolution of Support is necessary for the project to be competitive in the application process. The City does not determine application scores or the results of any tiebreakers. TDHCA will make the scoring determinations. Each TDHCA pre-application is required to include a self-score. At the date of this memo, Palms at Williams is projected to be 64 units with 7 units for renters with incomes at or below 30 percent AMI, 14 units for renters with incomes at or below 50 percent AMI, and 43 units for renters with incomes at or below 60 percent AMI.The proposed development is located at 7031 Williams Drive. The developer intends to request a$1 million HOME Investment Partnerships Program loan. The organizations submitting the project are TG 110, Inc and Prospera Housing Community Service. A Resolution of Support does not guarantee that Palms at Williams will be awarded LIHTCs. There were three competitive 9% LIHTC pre-applications submitted to TDHCA for Region 10/Urban. The three TDHCA pre-applications were each in Corpus Christi. Two of the three submitted requests to the City for Resolutions of Support. The second project to request a Resolution of Support, Palms at Morris, is also being recommended for support. The developer of the third project, Millpond at Corpus Christi, is not moving forward with the project this year. TDHCA Pre-Applications in Region 10/Urban Development Address Units Population Developer Self Score Palms at Morris 2212 Morris St Up to 81 Elderly Prospera 132 Palms at Williams 7031 Williams Dr Up to 81 Elderly Prospera 132* Millpond at Corpus 605 Furman Ave Up to 82 General FishPond 131 Christi** *Since the TDHCA pre-application self-score, this application has had changes that will result in a one-point deduction and is no longer projected to be tied with Palms at Morris. **This project did not request a Resolution of Support from the City. ALTERNATIVES: The alternative is to not approve a Resolution of Support, which would reduce or eliminate the chance that the project will be determined by TDHCA to be competitive and thereby jeopardize the potential for the project to receive Low-income Housing Tax Credits. FISCAL IMPACT: The City will provide a $500 building permit fee waiver if the project is awarded the LIHTC and the development moves forward. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11451 Mission Element: 132 Project # (CIP Only): NA Account: 530500 RECOMMENDATION: City staff recommends approval of the Resolution of Support. LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Presentation Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 81-unit affordable housing project known as Palms at Williams at 7031 Williams Drive to be developed by TG 110 Palms at Williams, LP. Whereas, TG 110 Palms at Williams, LP (the "Applicant") has proposed a development project to construct an up to 81-unit multifamily development for renter households with incomes at or below 60% of the area median income. The proposed development is located at 7031 Williams Drive. ("Palms at Williams"); Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA")for 2024 Housing Tax Credits for the Palms at Williams; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council of the City of Corpus Christi hereby supports the proposed Palms at Williams. Section 2. The City Council for the City of Corpus Christi hereby acknowledges support for the proposed Corpus Christi Project located at 7031 Williams Drive. Section 3. The City commits $500 in reduced fees if the Palms at Williams Project is awarded low-income housing tax credits. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Resolutions of Support for 9% Low-income Housing Tax Credit Projects Palms at Morris and Palms at Williams AO City Council February 13, 2024 Low-income Housing Tax Credits • Low-income Housing Tax Credits (LIHTC) are the most common financing tool for multi-family affordable rental housing units • Tax credits are awarded by the Texas Department of Housing and Community Affairs (TDHCA). The application process is highly competitive • Corpus Christi is in Region 10/Urban which includes Nueces, Aransas, San Patricio, and Victoria counties. The region generally receives 1 award each year from the competitive process • In 2022 and 2023 TDHCA awarded the LIHTC for Region 10/Urban to projects in Victoria • There are no applications outside of Corpus Christi in 2024 LIHTC Timeline 01/05/2024 Deadline for TDHCA Pre-Applications 01/15/2024 Deadline for Applications to City for Resolutions of Support 02/13/2024 Recommendations for Resolutions presented to Council 03/01/2024 Deadline for Full Applications from Developers to TDHCA 06/2024 TDHCA Publishes List of Eligible Applications 07/2024 TDHCA Announces Final Awards Pre-Applications Submitted to TDHCA MW Development Name Development Address EME LIHTC Request Palms at Morris 2212 Morris Street 81 72 Elderly $1,392,380 Palms at Williams 7031 Williams Drive 81 64 Elderly $1,392,380 Millpond at Corpus Christi" 605 Furman Avenue 82 NA General $1,392,381 Available LIHTC $1,392,382 *The number of units in a project is refined as projects proceed from TDHCA pre-application to full application. **MillPond at Corpus Christi did not submit an application for a Resolution of Support from the City.The developer indicated that the project is not going forward at this time. TDHCA Pre-application Scoring* Palms at Palms at Millpond at Morris Williams Corpus Christi Self-Score 132 132 131 Government Support** 17 17 17 Community Participation** 4 4 4 State Rep Support** 8 8 8 Input from Community Orgs** 4 4 4 Concerted Revitalization Plan** 7 7 7 Readiness to Proceed** 1 1 1 Total Points 173 173*** 172 *Pre-application scores are not final scores.Several factors can change between the TDHCA pre-application and the TDHCA full application that impact the scoring. **While not part of the self-score,the developers have projected the points they will receive in these categories. ***Since the TDHCA pre-application self-score,this application has had changes that will result in a one-point deduction and is no longer projected to be tied with Palms at Morris. Incomes Served Income • • • • 30% AMI $16,250 $19,720 50% AMI $27,100 $31,000 60% AMI $32,520 $37,200 • � � = Total Units Palms at Morris 8 15 49 72 Palms at Williams 7 14 43 64 6 1 2024 LIHTC Applications � '.Tr..WYE P � ^:m"SL} ]+ / �'T '• �f � � n. t Morris 04 1 ,4 Palms MillPond at Corpus Christi w IS v Es 'fY'ww ssYYSS +a�... 1 -Palms at Williams ''-- 7 EGoogWEarth m m + �; M Palms at Morris • Developers/Owners — TG 110 and Prospera • 2212 Morris Street — D1 • 3.47 acres bought from CityAW - t • Part of the RFI for projects to 1 s develop housing on lots gifted to - City from ERF • 72 units for 30%, 50% & 60% AMI Seniors • 1- and 2-bedroom mix • $16.2 million estimated cost • HOME loan of $1,000,000 will be requested s — ------------- L -� s n -�■ � �� '� lol �nl �'�, � lob In 0€ � n �� �■ 1 ,p_ a � - ��`��_., �II f---1 �� "�� �I �� 11 1��1 ..��1 3� �P � 1��. 1■ + � 11 �n� 4�gi 1>. I��. 11 f r+ter illllllllllllll III IIIIIII III iY r lanai 111 IIIIIII nl 111 JI_III I ,n �� Doom( Illllllllluli I y IlUlfllllllll II III IIII � �Illlllllu' iiriil�_. i I �� I PROSPERA I CONCEPT I Palms at Morris - Senior Living I ..^cupE HOUSING A-APPROVED I�� COMMUNITY SERVICES Corpus Christi, Texas 9 Palms at Williams • Developers/Owners — TG 110 and Prospera ra -;, 4— !at • 7031 Williams Drive — D4 ~� • +/-2.712 acres ; • 64 units for 30%, 50% & 60% AMI Seniors • 1- and 2-bedroom mix r • $17 million development cost • HOME loan of $1,000,000 will be requested 10 4S X1111 ■1 ■1111 \_11111 1111111/11 1 ,\ tl1111B1i�1 IMl�lllillll�uliiili'�IIdR �J uauuuiuiiiui'liipnmiiiii.iiiil Ilauoaaiil',III 1 r � — ®rr ■-`�I, II II�III �11j1 IIIIII,iiil �' I II Illldll�I li-il'Im lily ..R ,,. IPI IIGI Ildl,••l• Fs,�+ul�, Iifiilh 01111 l;Nl 4Es o, 1 ® I�I11 I ■ ?�•j. ® I'Itll,l iililYOii<ii IV®IJY@ Illliilii lnm x„ uauallalni lihuuua a Poulin Inuuum12 I � . P�osING CONCEPTUAL nousm� Palms at Williams- Senior Living COMMUNITYDESIGN SERVICESESCorpus Us Christi Texas r 11 Resolutions of Support • Staff recommend Council authorization of Resolutions of Support for Palms at Morris and Palms at Williams • Resolutions of Support that include a financial contribution from the local municipal government result in an additional point in the scoring process • Applications receiving the additional point are considered most competitive • Commitment to $500 in fee waivers for each of the two new projects is included in the Resolutions of Support so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 13, 2024 DATE: February 2, 2024 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department (361) 826-3133 Park Improvement Agreement for London Towne Subdivision CAPTION: Resolution authorizing park improvement agreement for London Towne Subdivision with Braselton Development Company, Ltd for public park improvements in lieu of the park development fees. SUMMARY: This agreement will grant Park Development Fee credits to Braselton Development, up to an amount not to exceed $443,100, for dedication of land/construction of park improvements within London Towne Subdivision. The developer dedicated land (1.6 Acres) valued at $50,700 and the park will be named "Braselton Park" as per Section 22 of the agreement. The term of the agreement is 30 years from the date of the last signatory to the agreement. This agreement is made pursuant to Article 8, Section 8.3.8 of the Unified Development Code (UDC) of the City of Corpus Christi. BACKGROUND AND FINDINGS: In lieu of paying Community Enrichment/Park Development fees, developers are able to develop public parks within new development areas with the input and approval from Parks and Recreation. This agreement grants Park Development Fee credits to Braselton Development in exchange for dedication of land and construction costs for park improvements within London Towne Subdivision, Units 1 through 7. Park Development fee credits are only applicable to the London Towne Subdivision. Per the agreement, the park must be constructed prior to the granting of the credits. The public park has been completed and this item grants the credits for the fees calculated for Units 1 through 7. The Developer has received advanced credits for Units 1 through 7 in the amount of $232,050. The Developer will receive future credits for costs to build the park in excess of the advanced credits in an amount up to $246,750 (remaining credits) in Park Development fees. Park fees/credits are calculated as follows: PARK CREDITS AMOUNT Total Cost of Park Improvements $ 443,100.00 Value of Land Dedication - 1.6 acres $ 50,700.00 Unit 1 calculated fees $ (46,500.00) Unit 2 calculated fees $ (32,000.00) Unit 3 calculated fees $ (18,000.00) Unit 4 calculated fees $ (53,187.50) Unit 5 calculated fees $ (26,400.00) Unit 6 calculated fees $ (28,212.50) Unit 7 calculated fees $ (27,750.00) Park Naming Rights-Braselton Park $ (15,000.00) Credit balance available to be applied to future units of the $ 246,750.00 London Towne development Braselton Development has completed the construction and installation of park improvements, including site drainage/grading (in-park sewer drains), erosion control implementation plan/maintenance, landscaping (turf, beds, trees, and irrigation) and site domestic plumbing/electrical. The park includes numerous public amenities including playground with play area features, a covered pavilion, nine tables with four being ADA accessible, two barbecue pits, two benches, four trash cans, a bike rack, two lamps, a water fountain and a dog waste station. Approximately 32 plants and trees have been planted. ALTERNATIVES: An alternative would be to deny the granting of Park Development fee credits in exchange for the construction of the park and request payment of Community Enrichment and Park Development fees. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: Staff recommends approval of this agreement granting Park Development fee credits to Braselton Development Company, Ltd., up to an amount not to exceed $443,100 for dedication of land and construction of park improvements within the London Towne subdivision. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement with Exhibits Presentation Resolution authorizing park improvement agreement for London Towne Subdivision with Braselton Development Company, Ltd for public park improvements in lieu of the park development fees. WHEREAS, the developer is developing London Towne Subdivision, being approximately 214.34 acres; WHEREAS, the Developer proposed to dedicate land & construct park improvements in the London Towne subdivision in lieu of the community enrichment & park development fees described in UDC, Subsection 8.3.6; and WHEREAS, it is in the best interest of the City to have the park improvements installed by the Developer in conjunction with the Developer's Final Plat. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a park improvement agreement for London Towne Subdivision with Braselton Development Company, Ltd for public park improvements in lieu of the park development fees pursuant to UDC 8.3.8. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CORPUS CHRISTI PARKS& RECREATION Park Improvement Agreement for London Towne Subdivision with Braselton Development Company, Ltd. City Council Meeting February 13, 2024 1 Background CORPUS CHRISTI PARK 56. In lieu of paying Community Enrichment/Park Development fees, Braselton Development will receive Park Development fee credits to not exceed $443,100 for the dedication of land & construction costs for park improvements in the London Towne Development. The Developer shall receive $246,750 in credits in excess of the advanced credits already provided in the amount of$247,050 for future units of the development. Park fees/credits were calculated as follows: PARK CREDITS -W -q GMMW� • $443,100.00 Land $50,700.00 CreditsUnit 1-7 $ (232,050) Park Naming Rights $ (15,000.00) Remaining Credits for $ 246,750.00 Park Improvements a & Playground Unit Large, Shaded Pavilion with Four Picnic Tables Five Additional Picnic Tables & Two Barbecue Pits • Two Seated Benches & Numerous Stone Benches Four Trash Cans & Two Park Lamps Bike Rack& Water Fountain • Dog Waste Station • Roughly 32 plants/trees installed • Other improvements: • Site Drainage/grading (in-park sewer drains) Landscaping (including turf, beds trees & irrigation) ) r • Erosion Control Implementation Plan & Maintenance Site Domestic Plumbing/Electrical x. 3 .& V Recommendation GO Fa Pus CHRISTI PA RK56 iiECREATION Staff recommends approval of the park improvement agreement the London Towne Subdivision with Braselton Development. Questions? , PARK IMPROVEMENT AGREEMENT PER UDC 8.3.8 STATE OF TEXAS § COUNTY OF NUECES § This PARK IMPROVEMENT AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and Braselton Development Company, Ltd, a Texas Limited Partnership ("Developer"). WHEREAS, the Developer is developing London Towne Subdivision and intends to construct parks within the boundary of the London Towne Subdivision (Exhibit 1); WHEREAS, the Developer is proposing to construct park improvements in lieu of the community enrichment & park development fees described in Subsection 8.3.6 & 8.3.7 set forth in Exhibits 2 & 3, in the London Towne Subdivision; WHEREAS, it is in the best interests of the City to have the park improvements installed by the Developer in conjunction with the Developer's final Plat; and WHEREAS, this Agreement is made pursuant to Article 8, Section 8.3.8, of the Unified Development Code of the City of Corpus Christi (UDC). NOW, THEREFORE, in order to provide construction of park improvements, the City and the Developer agree as follows: Section 1 . RECITALS. The parties agree that the language contained in the recitals of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. TERM. The term of this Agreement (the "Term") is 30 years from the date of the last signatory to this Agreement. Section 3. PARK IMPROVEMENTS IN LIEU OF FEES. (a) Pursuant to this Agreement, the Developer will be granted Park Development Fee Credits up to an amount not to exceed $443,100 for the reasonable, actual cost of the construction of park improvements within the London Towne Subdivision, as shown in Exhibits 2 & 3 in accordance with the plans and specifications approved in advance of construction by the Director of Parks and Recreation on behalf of the City. Park Development Fee Credits are only applicable to the London Towne Subdivision, as shown in Exhibit 1. (b) Subject to the terms of this Agreement, the Developer has dedicated land valued at $50,700, as shown in Exhibit 2, and will construct the park improvements or Page 1 of 8 London Towne Park Improvement Agreement 8.2.23 equivalent within the London Towne Subdivision, as shown in Exhibits 2 & 3, in accordance with the plans and specifications approved in advance of construction by the Director of Parks and Recreation. (c) The Developer shall construct the park improvements in lieu of paying the community enrichment and park development fees as described in Subsection 8.3.6 & 8.3.7 of the UDC within 24 months of executing this Agreement. (d) The Developer has been advanced credits in the amount $181,350 for London Towne Subdivision, Units 1 , 2, 3, 4, 5, 6 & 7. In addition, upon receipt by the Development Services Department of a letter of completion of the park improvements described in Exhibit 3 and invoices for the park improvements, the Developer shall receive credits for invoices in excess of the advanced credits, less park naming right credits of $15,000, in the amount up to $246,750 in park development fees in accordance with Subsection 8.3.8 of the UDC for future plats within the approved London Towne Preliminary Plat, as shown in Exhibit 1, for future park development fees. (e) Park fees and credits per subsection (d) are calculated as follows: Park Credits Cost of Park Improvements - Credits $ 443,100.0 Land Dedication - 1.6 acres $ 50,700.0 Unit 1 Fees $ (46,500.0) Unit 2 Fees $ (32,000.0) Unit 3 Fees $ (18,000.0) Unit 4 Fees $ (53,187.5) Unit 5 Fees $ (26,400.0) Unit 6 Fees $ (28,212.5) Unit 7 Fees $ (27,750.0) Park Naming Rights $ (15,000.0) Remaining Credits for remainder of London Towne $ 246,750.0 Cost-supporting documentation to be submitted shall include contractor and professional services invoices detailing work performed. Section 4. PERFORMANCE AND PLAT RECORDATION. The parties agree that the parks shall be constructed prior to the granting of credits in the amount not to exceed $443,100. In lieu of final completion, a financial guarantee may be provided for the park improvement in accordance with Subsections 8.3.8 & 8.1 .10 UDC. Section 5. INSPECTIONS. Throughout construction, the City may conduct periodic inspections and either approve the progress of the Project or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Project. Prior to construction, Developer and Director of Parks and Recreation will agree to an inspection schedule in writing. Page 2 of 8 London Towne Park Improvement Agreement 8.2.23 Section 6. INDEMNIFICATION PRIOR TO THE TRANSFER OF THE PARK TO THE CITY AS CONTEMPLATED BY THIS AGREEMENT, DEVELOPER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, PROXIMATELY CAUSED BY DEVELOPER'S NEGLIGENCE ARISING FROM OR RELATED TO THE CONSTRUCTION OF THE PARK IMPROVEMENTS. Section 7. DEFAULT. The following events shall constitute default: 1 . Developer fails to submit plans and specifications to Development Services for the Project for review by the City's Director of Parks and Recreation or designee in advance of construction. 2. Developer does not reasonably pursue the Project under the approved plans and specifications. 3. The Developer fails to dedicate and construct the park identified in Exhibit 3, under the approved plans and specifications within 24 months following the execution of this agreement. 4. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 8. NOTICE AND CURE. 1 . In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. In the event of an uncured default by the Developer, after the appropriate notice Page 3 of 8 London Towne Park Improvement Agreement 8.2.23 and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Decline to provide credits for the Community Enrichment & Park Development Fees to unrecorded and future plats in the London Towne Preliminary Plat. 5. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 9. FORCE MAJEURE. 1 . The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 10. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer to another without the written approval and consent of the Director of Parks and Recreation. Provided, however, Developer may assign its rights and obligations under this Agreement in writing to a wholly owned subsidiary or affiliate of Developer without any prior written approval or consent of any party or person. Section 11. NOTICES. 1 . Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Developer: City of Corpus Christi Braselton Development Company, Ltd Attn: Director, Parks and Recreation Fred Braselton, General Partner 1201 Leopard Street / 78401 5337 Yorktown Boulevard — Suite 10D P.O. Box 9277/78469-9277 Corpus Christi, Texas 78413 Corpus Christi, Texas Page 4 of 8 London Towne Park Improvement Agreement 8.2.23 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. Section 12. NO JOINT VENTURE. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture between the parties. Section 13. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code § 2- 349, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Section 14. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or Page 5 of 8 London Towne Park Improvement Agreement 8.2.23 c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legaI/ch46.htm1. Section 15. CONFLICT OF INTEREST. Developer 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/citv- secretary/conflict-disclosure/index Section 16. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected, and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 17. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire Agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 18. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 19. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. Developer warrants and represents it will comply with federal, state and local laws and regulations and will use all reasonable efforts to ensure said compliance by any and all Consultants, Sub-Consultants, Contractors and Subcontractors working on the Park Improvements. Section 21. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Page 6 of 8 London Towne Park Improvement Agreement 8.2.23 Section 22. NAMING OF PARK. The park shall be named "Braselton Park". Contractual consideration for naming rights will be provided in the form of Park Credits paid by the Developer in the amount of$15,000. Attached and Incorporated by Reference: Exhibit 1 : London Towne Subdivision Exhibit 2: Park Improvements Exhibit 3: Park Improvements Cost Exhibit 4: Disclosure of Interest Page 7 of 8 London Towne Park Improvement Agreement 8.2.23 EXECUTED in one original this day of ' 2023. DEVELOPER: Braselton Development Company, Ltd Bart Braselton Date Managing Partner CITY OF CORPUS CHRISTI Peter Zanoni Date City Manager APPROVED AS TO FORM: Buck Brice date Deputy City Attorney For the City Attorney Page 8 of 8 London Towne Park Improvement Agreement 8.2.23 Site M43 All - Z w 9is g i.isi,l r �.i J Qet�e it�aniyf W dN e. Cy oCgpua CM1riatl cmIM­NTL �� d _ F � L j \ < ona comms of (oo ossa swat G N k uNl. I •'J -fig n 3- 5 try ry n D t t F.1- 4 D D ao baxa on c'� Mp ➢eM (, manes by me Home,El-22 naeoc at on Gabe ots snot.ill be ` i f 15 1 et 3 ore nvp seas to be manta nes by / � $ v®� f ecorbat anaot the bot�apo� na-I lees-11 be pad priv to Sa 9 Ian. M•m. ss••L, b tl JN °+el f eCyr» x ra� e r e,of annex oe R5 c5 ona RS—THo(see rnosmr tn. no s s oae. prem Y a x be reuses!o PPp off a e•..••er•w.m•...1 £ b oa a , e n • » JmJ Preliminary Plat of ' London Towne Subdivision "°^�.,,,� ITcu DBscldpnoN Guod—IlCo�vSurvey N.J 9135,MAbatmrct 581,Me Caod— rri9a Co.Survry No.139,Pbatmct 577,Ne I.&G.N.R.R.Co.Survey N. 60.Abstract 612. as shown m the map of Warelaa Farm y Tracts.a map of wM1ICM1 k recorded in Volume 3,Page I5. Mon Records of 14--County,aeras and a 96.39 Acre Tinct,aiNated Secfgn D,soil LaurNes Fann Tincts;-W 117.95 Ace Tinct being a P.M.n f Traci IL described as a 118.126 Pt re Tract in a Comedian Warran uBee"�i�m A—.1,—P to Bill J. mntyi n,DRea9mn i rwis •N a 2011.11 E.,DN P` Pubic eP—di, fI es CouTD exas and sNc aN 96.39 Acre Tract being o portion of a stalled 173.21 Acre Tract of Wnd descrbed i a GiH Deed from Mary Cecile Mea y to 1]izob- Mne Medney Trvslee of the Lu P A . Nay�es of Trvst, calved . Ho $ to.e ory ry o^Yr a.nl Doc ant No.2o32o35 Om,I ablia Pill-- N—,,Comely. e Texas s moa, �r:zao�s/1en.o x EXHIBIT 1 � fu � amT®ma ENGINEERINGo�ols , II --- k h �k I L" A �, - ♦.is. a..s,ca,n.�.nm,u.,.a o. P .,caa.Noc)seg,2 i s I l ,i v Ful r J�ji o / Tic s sl a P R7 - C�f )r,� ' �dx e•r� '1 / R i„e• Preliminary Plat of \` > London Towne Subdivision \ IE�,L DESCRIPIIDN 214.34 Pares, —PH-9 a '17 .95 X Trac(, Mt ated in the �vw f2 �� Cuadrilla I'rigatian Co. Survey No. 135,AD.tract 581,.Ne —drilla Imigatian Co.Survey No 139,Abstract 577,the I—N.R.R.Co.Survey Abstract 612, a shown on She map of Lourdes Farm Tredrsd, a maps Of which is eaordad m Vogume 3T Page 15,Map Enkrged Yre.d Rmposetl TownM1omes(Unit e) \- eco a a en county,'as an s M c,anus ea \. Sectkn D,f old Laureks Farrn Trecis:—117.95 Acre Trect being•a portion of T—II.described as 118.126 Acs Tract in a Correction manly Deed f m Sheikh Landon to BIII J.Brown.Reagan Travis Enlvged 15ew of 0.opreed Tonnhamee(Unite 4 and 5) Brown d Alysao F n Brown Mc foy. --d m Document No. 201501169.Mcial ublc Record.o Nu—County, ..id F 96.39Acre Trott bring a portion of a called 173.21 Pyre Tract of Land described In a Gift Oeed from Mary Cecile Meaney to-.1-M1 R Mne MttTrvattt of the IcyA. 11py rtto —, rded In No P Document .201403203&Officid .blit rd.of .eces County, Texas. a � Z y n .ar'ri'd'�� ..artm',r�mar EN,�GATINEERING BfNs,-ono I.ierlasf..r'or lll����lll Z Boa ¢ _ o m W — < S p g Q d C5 Z3 LL cc w _ « _ LU O - IS Z 0 Z O� a, / I. a ox (ae�xn„No «;Po xa »� oPNN�r; - - - - 1 ' i aa5a_ b a a ” La x 1 .. l e s e Ly a e e a �I a a a s a a a a . s • a c x y a = ssun x« x a ' 1 / (Noc.xa xoiwi4wx�nsAN.C:t)W c/ a 1 = N �Ek / PROPERTY I1NE NABIER PLAN C-3 COUCTM 75RAW, 00'B-B PAWNE.NTMFNi ( @Zo<.rvv.rzCCSCEwerMm Cu*e'ia) g 'g i �..N :�g xWxe C levw xvcle.p coy)ep (oxB o.v.a.iso'1�as - -ff�aa�tE�- -ff�a.aa LEGEND Z® r- I L_..IS UNIT(PHASE)BMNNARY sc F-- u i. L, .L L>rvenc n_�Hovm ary ws „P a goo U—PEH aF ns reAh mu auciuA,E vPm THE � 6 i � . ♦ P ARCA INCLUDID IN FRCLIMINARY FLAT I 1 L_- 1 PHASING PLAN ♦ FOR �'`�♦� 1 LONDON TOWNE SUBDIVISION ..h �y.'� 1 � eNcURBAN ��`� �a. FIE °°— -^�.'• "" UBI Site` _ - wr e. Cin m Nutty of C T CN at -I May 4T5. A V1 ILJ L. 11 beu,reee,,.e, wr sn ZZ 0 �� /�'O' a d'w 'yW �v r� •IT 9B y ° a� n.� .,c° n a eme. r c � 3 • Preliminary Plat of s e ° London Towne Subdivision e to.nP.roa ne.N situ g Nue Tra mm ' 7 mr �xm M„ Bro 21 H v Tru,l § a Meu 4 p co` zoo T1 EXHIBIT 1r -. LEGEND MUUMUU Z4 M 4 UNIT(PHASE)EOUNDAAY _a ON THIS LL TE- 9 S 9 9 1 A : f E 3 T 3 4 ii 'L T1 THE ati .o. u. UNf SA S � L AREA INCLUDED IN PRELIMINARY FLAT 2 UN u s [ PHASING PLAN FOR LONDON TOWNE SUBDIVISION ��,s�� � ENGINEEIIING x a e ^ + Y \ Q �p�pvr��wN C o'P OWNED y LAND USE SUMMARY; TOTAL AREA - 64 ACRES TOTAL LOTS = 313 LOTS (TYPICAL LOT = 50'x115') L. DENSITY= 4.89 LOTS/ACRE umm ENGIINEEERRIINNGG EXHIBIT 1 - c JOB NO.42980.Cl.06 «. CRR 4-14-2022 6GG GRnvHiC SCaLE Exhibit 2 - a I I 1 i I 1 I 46 V 4 _ _ f UU f 1 _ _r_____Y�Y f�� `•+ _ w 87 86 85 ---------- ; - --- n 84 8382 - 81 ______---i ♦ 3 1 4 5 r r-- -- 79 78 77 f ' 76 +' a 2 PROJECT TITLE tarolion.Texas THE TERRACE Temple TX Option A 71 C M e tld 1 P/a yWe11 EXHIBIT 2 - b Exhibit 3 LONDON TOWNE SUBDIVISION PUBLIC PARK CORPUS CHRISTI, TEXAS ESTIMATE OF CONSTRUCTION COSTS June 8, 2021 ITEM NO. DESCRIPTION COST 1 SITE DRAINAGE AND EROSION CONTROL PLAN IMPLEMENTATION AND MAINTENANCE, IN ACCORDANCE WITH TPDES $ 12,500.00 2 SITE GRADING $ 18,000.00 3 LANDSCAPE INCLUDING TURF, BEDS, TREES AND IRRIGATION PER $ 172,000.00 PLANS 4 PAVILLION STRUCTURE $ 90,000.00 5 PLAYGROUND, PLAY AREA FEATURES AND SOCCER GOALS $ 50,100.00 6 SITE AMENITIES INCLUDING STONE BENCHES, TRASH CANS, TABLES, SEATS, DOG WASTE STATION, BIKE RACK, WALKWAYS AND GRILL $ 66,400.00 7 SITE DOMESTIC PLUMBING AND ELECTRICAL $ 34,100.00 TOTAL PUBLIC PARK IMPROVEMENTS $ 443,100.00 �Aid Exhibit 4 City of" Corpu CITY OF CORPUS CHRISTI C'hrzsti DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: 17 ftUVIN Dev EZo PMP STREET ADDRESS: NKRAN FuD P.O. BOX: _ CITY: C r v5 C (5 _ STATE: 13�- -- ZIP: 7V I"T FIRM IS: 1. Corporation ❑ 2. Partnership 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department(if known) 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above narned "firm." Name Title 3. State the names of each `board member" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name &Z IP/4/ Board.. Commission or Committee Bine.t` B►2�ts 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: qq- J_ 3�Trjv Title: Signature of Date: I/ Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City-Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. se GO � O H AGENDA MEMORANDUM /NQNPaRPfFirst Reading Ordinance for the City Council Meeting February 13, 2024 T852 Second Reading Ordinance for the City Council Meeting February 20, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 826-1292 Ordinance authorizing a five-year lease agreement with Driscoll Children's Hospital for hangar and office space at Corpus Christi International Airport. CAPTION: Ordinance authorizing the City Manager to execute a five-year lease agreement with Driscoll Children's Hospital for hangar, office, storage, and parking space at Corpus Christi International Airport, with four one-year options to renew, in consideration of monthly lease payments of $4,164.48 in the first year and annual rate increases. SUMMARY: The proposed lease agreement is between the City of Corpus Christi and Driscoll Children's Hospital (DCH) for premises located at 320 International Drive at the Corpus Christi International Airport for a term of five years with four one-year renewal options. Lessee will occupy 180 square feet of storage, 3,000 square feet of office space, 3,120 square feet of hangar, 8,952 square feet of parking, 87,260 square feet of land, and 6,488 square feet of the apron. The leased premises will continue to serve as the hospital's on-airport base of operations for ambulance operations using ground vehicles, fixed-wing aircraft, and helicopters. The premises also includes training facilities, storage areas, and living quarters for staff who are on duty twenty-four hours per day. BACKGROUND AND FINDINGS: Driscoll Children's Hospital (DCH) was built in 1953 and serves as a primary hospital for children in Corpus Christi and surrounding areas such as Rio Grande Valle, Victoria, and Laredo. DCH has been an existing tenant at CCIA since 2017 and is in good standing. The current leased facility provides critical life-saving ground and air ambulance services for patients and their families. Driscoll uses its based ground ambulance and helicopter teams, and CCIA tenant Sterling Air Service provides contracted air ambulance services. The facility provides services across the state of Texas and will occasionally serve further locations including the Mayo Clinic in Rochester, Minnesota or the Children's Hospital and Medical Center in Omaha, Nebraska. The proposed rent is based on an expanded footprint and reclassification of improved space with a fixed annual escalation in rent. Total rent revenue is listed below. YEARLY BREAKDOWN OF RATE INCREASES TERM FISCAL YEAR MONTHLYCOST ANNUALCOST Years 2023-24 4,164.48 49,973.76 1-5 2024-25 4,800.84 57,610.12 2025-26 5,437.21 65,246.48 2026-27 6,073.57 72,882.84 2027-28 6,709.93 80,519.20 Year 6 2028-29 6,844.13 82,129.58 Year 7 2029-30 6,981.01 83,772.18 Year 8 2030-31 7,120.63 85,447.62 Year 9 2031-32 7,263.05 87,156.57 ALTERNATIVES: The alternative includes leasing the facility to a different tenant or allowing Driscoll Children's Hospital to occupy the space on a month-to-month basis without a lease. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with a total annual rent revenue of $49,973.76 for the first year and fixed escalations throughout the term of the lease. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 —Airport Administration Department: 53 Project # (CIP Only): N/A Account: 320230 RECOMMENDATION: City staff recommends approval of this action item. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DRISCOLL CHILDREN'S HOSPITAL This lease agreement the ("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 Driscoll Children's Hospital ("Lessee"), a Texas non-profit corporation (each a "party" and collectively the "parties"). WHEREAS, the City owns the Corpus Christi International Airport ("Airport") and has the authority to lease land and improvements at the Airport; WHEREAS, the Airport is managed by the Director of Aviation ("Director"); and WHEREAS, the parties desire to enter into this Lease for land and improvements, to include the use of office space, hangar space, and parking spaces for the purpose of facilitating the provision of Lessee's aeronautical services. NOW, THEREFORE, in consideration of the terms, conditions, and mutual covenants contained in this Lease, the Parties agree as follows: Section 1. Premises. City leases to the Lessee 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, and physically located at 302 International Drive, Corpus Christi, Nueces County, Texas. The Premises are generally described as follows: approximately 87,260 square feet of aeronautical unimproved land, approximately 3,120 square feet of hangar space, approximately 3,000 square feet of office space associated with the hangar, approximately 180 square feet of storage space associated with the hangar, approximately 6,488 square feet of concrete apron, and approximately 8,952 square feet of uncovered vehicle parking area. The Premises are designated and known, for the sole purpose of locating and identifying the leased area granted by this instrument, as the "Driscoll Children's Hospital Ground Ambulance Service Facility." Section 2. Term. The term of this Lease is for five years and commences upon final approval of this Lease by the Corpus Christi City Council and execution of this instrument by the City Manager or his designee ("Effective Date" and "Initial Term"). At the end of the Initial Term of this Lease, the Lease shall automatically renew for an additional twelve-month period ("Renewal Term") if neither party to the Lease files notice to terminate the Lease Agreement 60 days prior to the expiration of the Initial Term. Following the expiration of the first Renewal Term, the Lease shall automatically renew for a second renewal term of 12 months and so on until the end of the fourth renewal period when such Lease shall expire by its own terms. Pagel of 20 Section 3. Rent. A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, the annual rent for the Premises is as shown in the table below, with the first year's rent totaling $49,973.76 and the first-year monthly rent being $4,164.48. The first month's rent shall be due on the Effective Date of this Lease Agreement. Subsequent monthly rental payments shall be due on the 1 st of each month following the expiration of the initial month of the Lease. If Lessee fails to timely remit the monthly Lease payment on or before the due date, a late fee of $200.00 per incident will be assessed and payable by Lessee. Lessee may choose to pay the annual rent due in advance and in one payment at the beginning of the Lease term year. YEARLY BREAKDOWN OF RATE INCREASES TERM RSCAL YEAR MONTHLY COST ANNUAL COST Years 2023-24 $ 4,164.48 S 49,973.76 1-5 2024-25 $ 4,800.84 S 57,610.12 2025-26 $ 5,437.21 S 65,246.48 2026-27 6,073.57 $ 72,882.84 2027-28 6,709.93 80,519.20 ''ear 6 2028-29 $ 6,844.13 $ 82,129.58 Fear 7 2029-30 6,981.01 83,772.18 ''ear 8 2030-31 $ 7,120.63 $ 85,447.62 Fear 9 203'--52 7,263.05 87,156.57 B. Rental rates for all Airport real properties are adjusted on a periodic cycle and are based on a fair market appraisal conducted by the City. The City reserves the right to adjust the rent in accordance with its adopted policy or Federal Aviation Administration ("FAA") requirements. For purposes of determining the fair market value by appraisal, the values determined by the appraiser will be final. C. Adjusted rental rates are effective beginning on the 61st day following completion of the final appraisal. D. Lease payments must be mailed to the City of Corpus Christi, P. O. Box 9257, Corpus Christi, Texas 78469-9257 and received on or before the due date. Section 4. City and Lessee Representatives. The City Manager designates the Director as the agent to receive all rent, notices, and reports due under this Lease. The contact person and agentforthe Lessee is Jeremy L. Goodman, Director—Critical Care Transport, or his successor, or as designated by the Lessee. Section 5. Use of Premises. A. Lessee shall have the right to use and occupy the Premises solely for the operation and support of Lessee's aeronautical services and shall use the Premises for no other purpose without the express written consent of the Director. Page 2 of 20 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 to 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. D. City Temporary Use. Lessee acknowledges 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. Partial Destruction. 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 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 to its condition at the time of lease execution. 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. Parking. Parking space is available adjacent to the office space, as shown in Exhibit B, on an exclusive basis and may be used for parking cars and other passenger motor vehicles used by the Lessee and its customers, guests, and patrons and persons or companies doing business with Lessee. Lessee acknowledges that use of the parking space shall fully comply with all of the Airport's rules and regulations for parking and vehicle usage at the Premises and adjacent parking areas and shall require users, customers, patrons, and guests of Lessee to do so as well. Section 7. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole cost; provided, however, that the Lessee has obtained the Director's prior written consent as to the size, type, design, and location of these signs or other corporate identification, which consent shall not be unreasonably withheld or delayed. Page 3 of 20 Section 8. 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 the 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 9. Subordination to U.S./FAA Requirements. 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 the 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 9 or under Section 8 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 the part of City to Lessee. Section 10. Development of Improvements. A. Lessee shall not construct improvements upon the Premises without the prior written approval of the Director and the City's Director of Engineering Services. Where required by law, approval of the City is subject to the concurrence of the FAA. Any constructed improvements must substantially conform to the plans, specifications, and requirements approved by the City and FAA, if applicable. B. When required by the City, Lessee will furnish to the City two sets of complete plans and specifications for improvements proposed to be placed or constructed on the Premises and complete as-built plans following completion of construction. No work may be performed by Lessee or its contractors without the City's prior written approval of such plans, acting through its Director and its Director of Engineering Services. C. Lessee shall be solely responsible for filing all plans, drawings, and specifications for any planned improvements to the Premises to the City's Development Services Department and to the City's Aviation Department prior to beginning construction. Lessee shall be solely responsible for paying all plan review fees, permit fees, and inspection fees charged by the City or other governmental authority with jurisdiction. D. Upon termination of this Lease, ownership of any improvements constructed by Lessee on the Premises during the term of this Lease 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. Page 4 of 20 E. ANY APPROVALS BY THE 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. Section 11. 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 good, safe condition. Lessee shall maintain all leasehold improvements on the Premises (including, without limitation, parking lots, sidewalks, roofs, 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. Any landscaping must be well- maintained and kept in a neat and tidy condition by the Lessee. 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. 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 intact, in good repair, and in a condition so that said 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 Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other properties. The Director may at any time, during City's normal business hours, upon prior notice unless an emergency exists, enter upon the Premises to determine if the maintenance requirements of this Lease are being complied with by Lessee. The Director must notify Lessee in writing of any default in maintenance or repair. If the required maintenance or repair in the 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 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 15% administrative fee within 30 days after the 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 Director. C. Correct Hazards. Lessee must immediately correct or cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Director. At the Director's reasonable discretion, the operations in the Premises, or affected portion of the Page 5 of 20 Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. Section 12. Security. Lessee, its officers, employees, agents, contractors, and invitees must comply 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. Section 13. 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 14. 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 the Lessee's expense plus an additional administrative charge of 15%. Section 15. Aerial Approaches. The Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Section 16. 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 20 4. Any substance, material or waste defined as a "regulated substance" pursuant to 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 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. No fuel storage tanks shall be located or permitted 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 material as defined herein 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 Director. Lessee must cooperate fully with the 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 Safety Data Sheets ("SDS") 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. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the SDS sheet is available for the first responders to 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 Page 7 of 20 rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Director, within five 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 any hazardous substance or material (as such term is defined in this Lease). Section 17. 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 (aka Lease) 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 Page 8 of 20 of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. The Lessee will undertake any affirmative action program if required by 14 CFR Part 152, Subpart E, to ensure that the Lessee will not exclude any person from participating in any employment activity covered by 14 CFR Part 152, Subpart E, on the grounds of race, creed, color, national origin, sex, age, or disability. The Lessee will not exclude any person on these grounds from participation in or the receipt of the service or benefit of any program or activity covered by the subpart. The Lessee further understands that it will require its covered sub organizations, if any, to provide assurances to the City that they will also undertake any required affirmative action programs, if required, and require assurances from their sub- organizations, if required pursuant to 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. Section 18. 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 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. 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. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Director. Section 19. 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 Page 9 of 20 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 21. 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. B. In exchange for Lessee's promise to maintain the Premises, the City agrees to make water and wastewater services available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Lessee must procure and pay for all utility usage, such as gas, water, wastewater, cable, Internet, and telephone charges that are supplied to the Premises during the term of the Lease as the charges become due and payable. 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. If City causes Lessee's ingress or egress to be interrupted for more than twenty-four(24) hours, the City will consider rent reduction for days of non-use. Section 22. 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 Director and Risk Manager not less than 30 days prior to the annual anniversary date of the Effective Date of this Lease. 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 Director and Risk Manager. Section 23. Indemnification. A. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT WAIVING ANY DEFENSES, EACH PARTY ("INDEMNITOR") SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE OTHER, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANYAND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, Page 10 of 20 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' COMPENSA TION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OUT OF ANY ACT OR OMISSION OF THE INDEMNITOR OR ITS OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS UNDER THIS LEASE OR THE PERFORMANCE OF THIS LEASE.. INDEMNITOR 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 INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OFANY KIND ARISING FROM OR OUT OFANY 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. B. Notice of Claim or Action. Notwithstanding the above indemnifications, Lessee must give the Director and Risk Manager written notice of any accident or other matter covered under this section and forward to the Director and Risk Manager copies of every notice, demand, claim, summons, or other process communication received within 10 days of Lessee's receipt of same. Section 24. Assignment and 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 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 Page 11 of 20 to include a prohibition against any assignment, subletting, or occupancy by operation of law. B. In any case 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. Section 25. 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 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 days; or a. 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 b. 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 payment the rent, fees, or other charges due under the Lease for 10 days or more; 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; Page 12 of 20 3. Has a petition filed under any part of the federal bankruptcy laws, or any action sought under any present of future insolvency law or statute, against Lessee and which is not dismissed within 30 days after the filing date; 4. Abandons the Premises ["abandon" shall mean 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 5. Otherwise defaults in the performance of any 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 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 with the applicable period and thereafter diligently prosecutes the same to completion with a reasonable time period as agreed to by the Director; otherwise, Lessee will be determined to be in default. C. 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 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 except Protected Health Information (PHI) as defined by the Health Insurance Portability Accountability Act (HIPAA) 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, 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 bylaw, Lessee further agrees to indemnify and hold harmless City, including its officers, agents, and employees, from and against any loss or damage 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. D. Notice of Termination. If an event of 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 Page 13 of 20 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. E. 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. Section 26. 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 27. Holdover. Any holding over by Lessee of the Premises after the expiration of this Lease will be on a month-to-month tenancy at sufferance not to exceed 18 months, at the then current monthly rent amount, and subject to surrender upon 30 days' prior written notice. Failure to timely surrender the Premises following written notice subjects Lessee to a monthly holdover fee of 125% of the then-current fair market rental value for the Premises. Section 28. Notices. A. With the exception of immediate notices to be provided to the City under the hazardous materials/substances provision of Section 16 and the indemnification provisions of Section 23 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 as properly addressed below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 If to Lessee: Driscoll Children's Hospital Attn: President and Chief Executive Officer 3533 South Alameda Corpus Christi, TX 78411 Copy to: Driscoll Children's Hospital Attn: Legal Department 3533 South Alameda Corpus Christi, TX 78411 Page 14 of 20 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 within 10 days of the change under any of the methods set out in this section. Section 29. Disclosure of Interest; Conflicts of Interest. 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, in compliance with Texas statutory requirements, to electronically complete and file Form 1295 "Certificate of Interested Parties" on the Texas Ethics Commission's website and to provide the certified, executed, and notarized form to the City as a condition of this Lease. Section 30. 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 reserves the right to conduct or provide for testing and removal of any such City- owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. 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 hereunder does not waive City's or Lessees right thereafter to declare a forfeiture for like or other or succeeding breach or default. 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, provided however that nothing in this paragraph shall excuse the Lessee from the prompt payment of any rental payments except as may be expressly provided in this Lease and further provided that the party relying on this paragraph shall provide written notice to the other party of the force majeure event within 3 business days of such event. "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. Failure of a party to provide timely notice of an event of force majeure, pursuant to this paragraph, waives force majeure as a defense to nonperformance. Page 15 of 20 D. Rules and Regulations. City has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), 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 herein by reference. Lessee agrees to comply fully at all times with these governing documents. City, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of City, Lessee, and all other tenants and customers of the Airport; provided, however, that City 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. No provision of this Lease creates a third-party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and applicable taxes including, but not limited to, all 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, and 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 must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. 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 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 by this 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. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. Page 16 of 20 K. Incorporation of Exhibits. All exhibits referred to in this Lease are intended to be and hereby are specifically made a part of this Lease. Exhibit A - Site Location Plan Exhibit B - Leased Premises Exhibit C - Insurance Requirements Exhibit D - Disclosure of Interest L. Incorporation of Required Provisions. City and Lessee incorporate herein by this reference all provisions lawfully required to be contained herein by any governmental body or agency. M. Nonexclusive Rights. It is understood and agreed that nothing herein contained 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 Premises. N. Removal of Disabled Aircraft. Lessee shall promptly remove any disabled aircraft that is in the care, custody, or control of Lessee from any part of the Airport (other than the Premises) including, without limitation, runways, taxiways, aprons, and gate positions and place any such disabled aircraft in a storage area as may be designated by the Director. Except as to aircraft subject to bailment and/or for which Lessee is owed money from a customer, Lessee may store such disabled aircraft only for such length of time and on such terms and conditions as may be established by City. If Lessee fails to remove any of disabled aircraft promptly, the Director may, but shall not be obligated to, cause the removal of such disabled aircraft, provided, however, the obligation to remove or store such disabled aircraft shall not be inconsistent with federal laws and regulations and Lessee agrees to reimburse City for all costs of such removal, and Lessee further hereby releases City from any and all claims for damage to the disabled aircraft or otherwise arising from or in any way connected with such removal by City unless caused by the negligence or recklessness of City. O. Airport Access License/Permit. City reserves the right to establish a licensing or permit procedure for vehicles requiring access to the Airport operational areas and to levy directly against Lessee or its suppliers a reasonable regulatory or administrative charge (to recover the cost of any such program) for issuance of such Airport access license or permit. P. Reservations re: Airspace. There is hereby reserved to the City, its successors, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. Page 17 of 20 Q. Inspection of Books and Records. 1 . Upon written request from an authorized representative of the City, Lessee agrees to make the books and records applicable to Lessee's obligations under this Lease available to the City or its authorized representative for review at a mutually agreeable time and place. 2. Until the expiration of four years after the furnishing of Services of the parties' Original Lease and this Lease, City shall make available, upon written request of the Secretary of Health & Human Services ("HHS"), or upon request of the Comptroller General of the United States, or any of their duly authorized representatives, this Agreement, and books, documents, and records of such party that are necessary to certify the nature and extent of such costs. If City carries out any of the duties of the Agreement through a subcontract with a value of $10,000.00 or more over a 12-month period with a related individual or organization, City agrees to include this requirement in any such subcontract; and if City receives a request or demand to disclose any books, documents or records relevant to this Agreement for the purpose of an audit or investigation, City shall immediately (and no later than two business days after receipt of such request or demand) notify Lessee in writing of the nature and scope of such request or demand. City shall make available to Lessee, upon written request of Lessee, all such books, documents, or records. R. Independent Contractor. Lessee is not an employee or agent of the City by reason of this Lease or otherwise. Lessee shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, representatives, agents, contractors, and subcontractors arising from or relating to its operations or activities at the Airport or the lease of the Premises. S. Authority of Lessee. Lessee warrants and represents that it has the right, power, and legal capacity to enter into and perform its obligations under this Lease, and no approvals or consents of any additional persons are necessary in connection with it. The execution, delivery, and performance of this Lease by the undersigned Lessee representative have been duly authorized by all necessary corporate action of Lessee, and this Lease constitutes a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms. T. Authority of the Director of Aviation. The Director shall administer this Lease on behalf of City. Whenever this Lease calls for approval by the City, such approval shall be evidenced, in writing, by either the Director or by the City Manager if so required by the City's City Charter. In no event shall this language be considered a waiver by Lessee to object to decisions made by the Director which the Lessee considers to be arbitrary, capricious, or inconsistent with any express obligations to act reasonably as set forth in this Lease. U. Consent. Unless stipulated otherwise herein, whenever the consent or approval of either party is required or authorized under this Lease, such consent or Page 18 of 20 approval shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed. V. Net Lease. It is the intent and purpose of the City and Lessee that all rent payable by Lessee shall be absolutely net to the City so that this Lease shall yield to City the entire rent specified, in each year of this Lease, free of any charges, assessments, impositions, or deductions of any kind or character which may be charged, assessed, or imposed on or against Lessee or the Premises and without abatement, deduction, or set-off by Lessee (other than the Section 3 abatement, in accordance with this Lease). W. Noise Control. Lessee, for itself and each of its officers, representatives, agents, employees, contractors, subcontractors, invitees, guests, and suppliers shall not conduct any operation or activity on the Premises, or elsewhere at, in, or on the Airport in which the sound emitting therefrom is of such volume, frequency, or intensity at such time as to constitute a nuisance. The Director shall have the sole authority to determine what constitutes a nuisance under the provisions of this Lease, except those operations and activities having noise levels not in violation of federal, State, or local governmental standards shall not be deemed a nuisance. X. Time is of the Essence. Time shall be of the essence in complying with the terms, conditions, and provisions of this Lease. Y. Vehicular Parking. Vehicular parking in the areas included in the Premises shall be restricted to parking directly related to Lessee's operations on the Premises by Lessee, its officers, employees, representatives, agents, contractors, subcontractors, invitees, guests, and suppliers. Access to vehicular parking areas within the Premises shall be coordinated through the Airport's overall parking management program. Section 31. Entire Agreement This Lease comprises the final and entire understanding and agreement, including all terms and conditions included herein, between the parties hereto and supersedes all other agreements, oral or otherwise, regarding the subject matter hereof, none of which shall hereafter be deemed to exist or to bind the parties hereto. The parties intend that neither shall be bound by any term, condition, or representation not herein written. (EXECUTION PAGE FOLLOWS) Page 19 of 20 EXECUTED IN DUPLICATE ORIGINALS on the dates indicated below. CITY OF CORPUS CHRISTI DRISCOLL CHILDREN'S HOSPITAL Heather Hurlbert, Eric Hamon, Assistant City Manager President & Chief Executive Officer Date: Date: 2/1/2024 ATTEST Rebecca Huerta, City Secretary Date: Approved as to form: Assistant City Attorney for Miles Risley, City Attorney Page 20 of 20 r _ , w v Driscoll Children's Hospital Glasson D x EXHIBIT A Prepared by: Randy Schumann ' 4%k DRISCOLL CHILDREN'S HOSPITAL SITE LOCATION PLAN t,-�w 3201nternational Drive Approved by: Kevin Smith Corpus Christi Date: 05/03/2023 s International Airport Not to Scale Sheet No.1of1 i LEGEND Hangar (3,120 sq.ft.) Offices (3,000 sq.ft.) Storage (180 sq.ft.) ' Concrete Apron (6,488 sq.ft.) � t 9 Unimproved Land (87,260 sq.ft.) Vehicle Area (8,952 sq.ft.) 0 - 1`1w will, r, N EXHIBIT B Prepared by: Randy Schumann `` CC' A DRISCOLL CHILDREN'S HOSPITAL LEASED PREMISES w- E � 3201nternationalDrive A � pproved by: Kevin Smith Corpus Christi s International Airport Not to Scale Sheet No.I oft Date: 05/03/2023 12' 60' 40' APRON i GROUND FLOOR PLAN 40' HANGAR 3,120 sq.ft. HANGAR OFFICE 1,500 sq.ft. — STORAGE 180 sq.ft. 12' I APRON 6,488 sq.ft. APRON STORAGE L 11 V1 I � o II EQOIPMENT LEGEND LOBBY APRON � - OFFICES ` APRON SIR OFC 4 \ OF" HALLWAY� KITCHEN OFFIOE,2 OFC-1 SECOND FLOOR PLAN OFFICE 1,500 sq.ft. NEXHIBIT B Prepared by: Randy Schumann CCI '`�' DRISCOLL CHILDRENS HOSPITAL LEASED PREMISES w E ��w 320 International Drive Approved by: Kevin Smith Corpus Christi Date: 05/03/2023 s International Airport Not to Scale Sheet No.2of2 EXHIBIT C INSURANCE REQUIREMENTS Driscoll Children's Hospital 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 $10,000,000 Per Occurrence El 4. Contractual Liability 5. Independent Contractors $20,000,000 Per Occurrence ❑ 6. Personal Injury- Advertising Injury Required ® Not Required ❑ AUTO LIABILITY (including) $5,000,000 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 ❑ HANGARKEEPERS LIABILITY $2,000,000 Per Occurrence Repair, taxiing or towing of aircraft, or in any $2,000,000 Per Aircraft way having care, custody or control of third- parry aircraft. Required ® Not Required ❑ AIRCRAFT LIABILITY (including) $1,000,000 Per Occurrence 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $10,000,000 El Per Occurrence Bodily Injury and Property Damage Including $20,000,000 Per Occurrence ❑ Passengers, Caused by Operations of Aircraft. In Air and On Ground. Required ® Not Required ❑ Commercial Self-Fueling. AIRPORT LIABILITY INSURANCE $10,000,000 Per Occurrence (FBO's) Including products and completed operations, property damage,bodily injury,and owned and non-owned aircraft coverage. Required ❑ Not Required 0 CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence Lessee shall name the City of Corpus Christi, Texas as Loss Payee Required ❑ Not Required 0 POLLUTION LEGAL LIABILITY $2,000,000 Per Claim (Including Cleanup and Remediation) (Defense costs not included in face value of the Fuel Storage Tanks and Fueling or Refueling policy) Operations. If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. Required 0 Not Required ❑ PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. Required 0 Not Required ❑ PROPERTY INSURANCE $1,000,000 Per Occurrence Lessee shall maintain property coverage on an "ALL RISK OF PHYSICAL LOSS" form for 100% of the value of all improvements leased from the City. Coverage shall include fire, wind, hail, theft, vandalism, and malicious mischief. Coverage shall be written on a replacement cost basis. Lessee shall name the City of Corpus Christi, Required ® Not Required ❑ Texas as Loss Payee. Subcontractors 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 0 Not Required ❑ 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. F. 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Ins. Req. Exhibit- Aviation Contracts for General Services Performed Onsite—Driscoll Children's Hospital 07/15/2022 Risk Management—Legal Dept. .mss cr o a ATTACHMENT D: DISCLOSURE OF INTEREST FORM CITY OF CORPUS CHRISTI Ra DISCLOSURE OF INTEREST 1852 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: Driscoll Children's Hospital P. O. BOX: STREET ADDRESS: 3533 S. Alameda CITY: Corpus Christi STATE: Texas ZIP: 78411_ FIRM IS: 1. Corporation ❑ 2.Partnership 3.Sole Owner F74. Association 5.Other Ix 501 (c)(3) 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) n/a 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title n/a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant n/a Page 1 of 21 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 been requested 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: Jeremy Goodman Title: Director Digitally signed by Jeremy Goodman DN'.C-1S,CN-Jeremy Goodman, Signature of eas@th tt erg 2/1 /2024 Jeremy GoodmanL,atinlammaangI,ains.°�manr Eat.on2your signing524-6 here Certifying Person: °ox;rPna4romPOFV.rs;o 0 3 Date: 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 it is 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 Ordinance authorizing the City Manager to execute a five-year lease agreement with Driscoll Children's Hospital for hangar, office, storage, and parking space at Corpus Christi International Airport, with four one-year options to renew, in consideration of monthly lease payments of$4,164.48 in the first year and annual rate increases. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute a five-year lease agreement with four one-year renewal options with Driscoll Children's Hospital for hangar, office, storage, and parking space at the Corpus Christi International Airport, in consideration of monthly lease payments of $4,164.48 for the first year and annual rate increases. A copy of the executed lease shall be filed in the office of the City Secretary. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CCI A AUM Corpus Christi International Airport Driscoll Children's Hospital Lease Agreement Council Presentation February 13, 2024 Proposed Lease Agreement CrC^ p g Corpus Christi International Airport LEGEND Hangar (3,120 sq.ft.) Offices (3,000 sq.ft.) Storage (180 sq.ft.) # Concrete Apron Ili 448 sq.ft. J �i Unimproved Lan,(87,260 sq.f[.) Vehicle Area (8,952 sq.ft.) { C pr I � w aim • Driscoll Children's Hospital will lease the hangar,associated office space,storage,apron, and parking spaces. Proposed Lease Agreement CrC^ p g Corpus Christi International Airport • The leased premises will continue to serve as the hospital's on-airport base of operations for ambulance operations using ground vehicles, fixed- wing aircraft, and helicopters. • The premises also includes training facilities, storage areas, and living quarters for staff who are on duty .— twenty-four hours per day. ,,.�� �`��-=­V li � a — • City Staff recommends approval of the five-year lease agreement. • The Airport Board recommended approval of the lease agreement at their regular scheduled meeting. �yUS C�,` o� a v coapaaasE° AGENDA MEMORANDUM xs52 Public Hearing, First Reading for the City Council Meeting of February 13, 2024 Second Reading for the City Council Meeting of February 20, 2024 DATE: January 12, 2024 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Dan ielMc(a)cctexas.com (361) 826-7011 London ISD Property Annexation: FM 43/Weber Road at London Pirate Road CAPTION: Ordinance annexing approximately 82.40 acres of land into the territorial limits of the City of Corpus Christi located at the northwest corner of FM 43/Weber Road and London Pirate Road (formerly County Road 33) per owner petition. SUMMARY: The London Independent School District has petitioned the City to annex its property used as a public education facility. This tract is currently contiguous with the city limit line to the north and east, which allows the petition for annexation to proceed to Council for consideration. Staff recommend approval of the annexation. BACKGROUND AND FINDINGS: City water service was made available to the London area several decades ago, however, the potential for wastewater capacity did not become available until 2020 with the beginning of urban residential development of land north and east of the school property. The availability and capacity of wastewater service in the vicinity of the school allow for sustainable and expanded use of the property to meet area demand. The subject property is currently used as a grades Kindergarten through 12th-grade public school facility. The owner plans an expansion of those existing facilities as the growing student population growth requires. Currently, there are 1 ,740 K-12 students enrolled in the District, and their latest forecast anticipates enrollment of 2,435 students by 2027-28 and 3,300 students by 2032-33. City Services to Subject Property A Municipal Service Plan outlines how the City will provide services to this newly annexed area and the City Manager is authorized by the City Charter to execute the agreement. The subject property is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction, and will continue to receive City water utility service and intends to tie on to the City wastewater system. The proposed public school use does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. ALTERNATIVES: No alternatives to annexation were considered. FISCAL IMPACT: Once annexed, the property will not generate ad valorem tax revenues due to the exemption permitted for public schools by the State of Texas. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Service Plan, Property Description) Petition for Annexation (London Independent School District) Presentation Ordinance annexing approximately 82.40 acres of land into the territorial limits of the City of Corpus Christi located at the northwest corner of FM 43/Weber Road and London Pirate Road (formerly County Road 33) per owner petition. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec.1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, the London Independent School District petitioned the City requesting annexation; WHEREAS, an offer of a development agreement pursuant to Texas Local Government Code §43.016 has been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Exhibit C Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on February 13, 2024, a public hearing was held by the City Council, during City Council meeting in the City of Corpus Christi, following the publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, is contiguous to the City of Corpus Christi, and constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described; WHEREAS, pursuant to the Corpus Christi Unified Development Code §4.1 .5, all new territory annexed to the City has the initial zoning of "FR" Farm Rural District unless action is taken to amend the Zoning Map upon annexation; and WHEREAS, pursuant to Texas Local Government Code §42.021(e), an annexation commenced after January 1 , 2023, does not expand the extraterritorial jurisdiction of a municipality unless contemporaneously with the annexation the owner or owners of the area that would be included in the municipality's extraterritorial jurisdiction as a result of the annexation request that the area be included in the municipality's extraterritorial jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 1 CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. An 82.40-acre tract of land, more or less, described by metes and bounds in Exhibit A and sketch to accompany in Exhibit B, generally located at the northwest corner of FM 43/Weber Road and London Pirate Road (formerly County Road 33) south of Oso Creek, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules, and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. The official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the ordinance shall be held invalid or unconstitutional by the 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. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. This ordinance is effective upon passage on the second reading. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 Job No.42900.C3.02 URBAN AM�til November 1,2023 ENGINEERING "awwlr mvI Revised: November 6,2023 Exhibit A 82.40 Acre Annexation Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for an 82.40 Acre, Annexation Tract, situated in the Cuadrilla Irrigation Company Survey No. 135, Abstract 581, and the L&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of the Laureles Farm Tract,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas,and comprising all of Lot 1,London School Tracts,a map of which is recorded in Volume 67,Page 179,said Map Records,all of Lot 2, London School Tracts,a map of which is recorded in Volume 67,Page 180, said Map Records,all of Lot 3, London School Tracts, a map of which is recorded in Volume 67, Page 578, said Map Records; all of a 20.00 Acre Tract described in a Special Warranty Gift Deed from Sheilah Ruth London to London Independent School District, recorded in Document No.2005027456,said Official Public Records;all of a 25.00 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District, recorded in Document No. 2008018783, said Official Public Records; the remainder of a 27.50 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District,recorded in Document No. 2003067159, Official Public Records of Nueces County,Texas;the remainder of a 5.00 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District, recorded in Document No. 2003067159, said Official Public Records;the remainder of a 4.00 Acre Tract described in a Deed from W.T.Petty to the County School Trustees of Nueces County, State of Texas,recorded in Volume 112,Page 392,Deed Records of Nueces County,Texas;the remainder of a 1.994 Acre Tract of Land described in a Warranty Deed with Vendor's Lien from Betty Jean London,Billy Ray London,Jr.,Thomas Leslie London,Laureen M.London,Dellana Morrine London Cook,Larry B.Cook,Nora London Covington and Joseph Covington to London Independent School District, recorded in Volume 2170,Page 841,said Deed Records;and the remainder of a 1.00 Acre described in a Deed from J.A. Hill and W.T. Petty to W.F. Timon, County Judge of Nueces County, Texas, for use and benefit of Common School District Np. 35,in Nueces County,recorded in Volume 71,Page 550,said Deed Records;the said 82.40 Acre Tract being more fully described as follows: Beginning, at 5/8 Inch Iron Rod Found, on the North Right-of-Way Line of Farm to Market Road 43,the apparent West Right-of-Way of London Pirate Road(County Road 33),a public roadway; Thence, South 89°10'38" West, with the said North Right-of-Way Line, 476.67 Feet, for a corner of this Tract,from Whence,a TxDot Monument Found,bears South 00°46'26"East,0.75 Feet; Thence, North 00°46'26" East, at 6.21 Feet, pass a Drill Hole Found, in all 16.36 Feet, to the Southeast corner of the said Lot 1,London School Tracts,for an inner ell comer of this Tract; Thence,South 89°10'38"West,with the said North Right-of-Way Line,the South boundary line of the said London School Tracts,Lots 1,2 and 3,at 721.49 Feet,pass a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND WELSH"Found,for the common South corner of the said Lots 2 and 3,in all 1222.88 Feet,to the Southeast corner of a 1.29 Acre Tract of Land out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,described in a Warranty Deed with Vendor's Lien, from The South Texas Children's Home to Almarosa Castillo, recorded in Document No.2002017337,said Official Public Records,being the Southwest corner of the said Lot 3,London School Tracts and this Tract, from Whence, a 5/8 Inch Iron Rod with plastic cap stamped "5435" Found, bears South 00°48'31"East, 16.36 Feet; Thence, North 00°48'31" West, with the common boundary line of the said Lot 3 and the said 1.29 Acre Tract,296.02 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"5435"Found,for a common comer of the said 1.29 Acre Tract with the said Lot 3 and this Tract; Thence,North 89°02'39"East, 111.09 Feet,to a common corner of the said 1.29 Acre Tract,the said Lot 3 and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 89°02'39"East,0.22 Feet; 2725 Swantner Dr., Corpus Christi,TX 78404 1 361.854.3101 1 TBPELS E-145 S-10032400 I urbaneng.com Thence,North 00°52'30"West,with a Northwest boundary line of the said Lot 3,a Southeast boundary line of the said 1.29 Acre Tract,a Northwest boundary line of the said 25.00 Acre Tract and a Southeast boundary line of Lot 1,Block 1,King's Landing Unit 1,a map of which is recorded in Volume 69,Pages 785-789,said Map Records, 1608.22 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND WELSH"Found,on the South Right-of- Way Line of Lady Claudia Street,being an inner ell corner of the said King's Landing Unit 1,for the Northwest corner of the said 25.00 Acre Tract and this Tract; Thence, North 89°08'57" East,with a South boundary line of the said King's Landing Unit 1 and the said Lady Claudia Street, and the North boundary line of the said 25.00 Acre Tract, 1321.52 Feet,to the West boundary line of a 118.126 Acre Tract of Land,out of the Cuadrilla Irrigation Company Survey No. 135,Abstract 581,Survey No. 139,Abstract 577 and I&G.N.R.R.Survey No. 140,Abstract 612,described in a Correction Warranty Deed,from Sheilah London to Bill J.Brown,Reagan Travis Brown and Alyssa Ann Brown McCoy,recorded in Document No. 2015011169, said Official Public Records, being the a Southeast corner of the said King's Landing Unit 1, the Southeast corner of the said Lady Claudia Street, and the Northeast corner of the said 25.00 Acre Tract of Land described in Document No.2008018783,said Official Public Records,for an outer ell corner of this Tract; Thence, South 01°00'19"East,with the common boundary line of the said 118.126 Acre Tract and the said 25.00 Acre Tract,3.12 Feet,for an outer ell corner of this Tract; Thence,North 88°54'56"East,with the common boundary line of the said 118.126 Acre Tract and the said 20.00 Acre Tract, 1023.87 Feet,to the said apparent West Right-of-Way Line of London Pirate Road(County Road 33),for the Southeast comer of the said 118.126 Acre Tract,and for the Northeast corner of the said 20.00 Acre Tract and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 2093'25"East,0.48 Feet; Thence, South 20°13'25" West, with the common boundary of the said apparent West Right-of-Way Line and the said 20.00 Acre Tract, 1146.74 Feet, to a 5/8 Inch Iron Rod Found, being the Southeast corner of the said 20.00 Acre Tract, the Northeast corner of a 1.67 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,and the said L&G.N.R.R.Survey No. 140,Abstract 612,described in a Warranty Deed, from Robert Perez and wife, Sylvia B. Perez to Aaron and Ana Laura Gallegos, recorded in Document No. 2017040703,said Official Public Records,for a corner of this Tract; Thence,South 89'10'13"West,608.83 Feet,to a 5/8 Inch Iron Rod Found,on the West boundary line of the said 27.50 Acre Tract,being the Southwest corner of the said 20.00 Acre Tract,being the Northwest corner of the said 1.67 Acre Tract,for an inner ell corner of this Tract; Thence, South 01'02'16" East, with the East boundary line of the said 27.50 Acre Tract and the said 5.00 Acre Tract,at 124.16 Feet,pass a 5/8 Inch Iron Rod Found,being the Northwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581, and the said L&G.N.R.R. Survey No. 140,Abstract 612,described in a Warranty Deed,from Robert Perez and Sylvia B.Perez to Aaron Gallegos and Ana Laura Gallegos,recorded in Document No. 2013049419,said Official Public Records,in all 408.40 Feet,to a 1 Inch Iron Pipe Found,on the North boundary line of the said 4.00 Acre Tract,being a corner of the said 5.00 Acre Tract, the Southwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581,described in a Special Warranty Deed,from Sylvia Rodriguez Aguilar to Sylvia Rodriguez Aguilar and Jorge Aguilar,recorded in Document No. 2022053426, said Official Public Records, for an inner ell corner of this Tract; Thence,North 89°14'03"East,with the North boundary line of the said 4.00 Acre Tract,the North boundary line of the said 1.994 Acre Tract,and the South boundary line of the said 1.66 Acre Tract,449.95 Feet,to a 3/4 Inch Iron Pipe Found,on the said apparent West Right-of-Way Line,for the Southeast corner of the said 1.66 Acre Tract of Land,the Northeast corner of the said 1.994 Acre Tract,and for a corner of this Tract; Thence, South 20°13'25" West, with the East boundary line of the said 1.994 Acre Tract of Land and the said apparent West Right-of-Way Line,306.23 Feet,for a corner of this Tract; 2725 Swantner Dr., Corpus Christi,TX 78404 1 361.854.3101 1 TPELS E-145 TBPLS S-10032400 I urbaneng.com Thence, South 24°58'28"West,over and across the said 1.00 Acre Tract,continuing with the said apparent West Right-of-Way Line, 175.59 Feet,to the Point of Beginning,containing 82.40 Acres(3,589,429 Sq.Ft.)of Land, more or less. 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. Unless this fieldnotes description,including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy.Also referen n anying sketch of tract described herein. OF le ST �y� URBAN ENGINEERING E- 6 . 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I�— L X10019 'L l0l o 00 'n I_ ('10N'?J'd0 'L££LlOZ00Z N 0) (0111}soO osoJowlV :Jaum0) Lqg }oo,}sgl 'SEL >r 'ON lan�nS�uodwo0 uoa�oi}o61jj1 olllipon0 a4} �\ \ � —__----=—}o }no }001 V 6Z�L-- J L II o -}aaa}S oa�puy �(po� — Exhibit C MUNICIPAL SERVICE PLAN AGREEMENT FOR A 82.40 ACRE TRACT OF LAND, SITUATED IN THE CUADRILLA IRRIGATION COMPANY SURVEY NO, 135, ABSTRACT 581, AND THE I.& G.N.R.R. SURVEY NO. 140, ABSTRACT 612, AS SHOWN ON THE MAP OF THE LAURELES FARM TRACT, A MAP OF WHICH IS RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS OF NUECES COUNTY, TEXAS This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and London Independent School District ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 82.40 acres of land situated in Nueces County, Texas, as specifically described in Metes and Bounds attached as Exhibit A and sketch to accompany in Exhibit B ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the 2 Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies, and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point-of-use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets, and alleyways are maintained in the City. Lighting of public roads, streets, and alleyways shall be 3 maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently, there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon the dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently, there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services are currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development, and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court, and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital Improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the 4 ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term 5 The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Likewise, if the unenforceability of any provision of this Agreement defeats the primary purpose of this Agreement or destroys the basis of the bargain among the parties, this Agreement will be voidable at the election of either party. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 6 Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binding EffecVAuthority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER By: By: Peter Zanon , ity Manager Judi itis, Superintendent City of Corpus Christi Landon ISD �.g, Date: � Date: j APPROVED AS TO FORM: -A,�'(A ('�4 : By: Cti Buck Brice Deputy City Attorney for the City Attorney 7 Job No.42900.C3.02 URBAN ^���� November 1,2023 ENGINEERING yccivlr Revised: November 6,2023 Exhibit A 82.40 Acre Annexation Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for an 82,40 Acre, Annexation Tract, situated in the Cuadrilla Irrigation Company Survey No. 135, Abstract 581, and the L&G.N.R.R. Survey No. 140,Abstract 612, as shown on the map of the Laureles Farm Tract,a map of which is recorded in Volume 3,Page 15, Map Records of Nueces County,Texas,and comprising all of Lot 1,London School Tracts,a map of which is recorded in Volume 67,Page 179,said Map Records,all of Lot 2, London School Tracts,a map of which is recorded in Volume 67, Page 180,said Map Records,all of Lot 3, London School Tracts, a map of which is recorded in Volume 67, Page 578, said Map Records; all of a 20.00 Acre Tract described in a Special Warranty Gift Deed from Sheilah Ruth London to London Independent School District, recorded in Document No.2005027456,said Official Public Records;all of a 25.00 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District, recorded in Document No. 2008018783,said Official Public Records; the remainder of a 27.50 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District,recorded in Document No. 2003067159, Official Public Records of Nueces County,Texas;the remainder of a 5.00 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District, recorded in Document No. 2003067159,said Official Public Records;the remainder of a 4.00 Acre Tract described in a Deed from W.T. Petty to the County School Trustees of Nueces County, State of Texas,recorded in Volume 112, Page 392,Deed Records of Nueces County,Texas;the remainder of a 1.994 Acre Tract of Land described in a Warranty Deed with Vendor's Lien from Betty Jean London,Billy Ray London,Jr.,Thomas Leslie London,Laureen M. London,Dellana Morrine London Cook,Larry B.Cook,Nora London Covington and Joseph Covington to London Independent School District, recorded in Volume 2170,Page 841,said Deed Records;and the remainder of a 1.00 Acre described in a Deed from J.A. Hill and W.T. Petty to W.F. Timon, County Judge of Nueces County, Texas, for use and benefit of Common School District Np.35,in Nueces County,recorded in Volume 71,Page 550,said Deed Records;the said 82.40 Acre Tract being more fully described as follows: Beginning, at 5/8 Inch Iron Rod Found, on the North Right-of-Way Line of Farm to Market Road 43, the apparent West Right-of-Way of London Pirate Road(County Road 33),a public roadway; Thence, South 89°10'38" West, with the said North Right-of-Way Line, 476.67 Feet, for a corner of this Tract,from Whence,a TxDot Monument Found,bears South 00046'26"East,0.75 Feet; Thence, North 00°46'26" East, at 6.21 Feet, pass a Drill Hole Found, in all 16.36 Feet, to the Southeast corner of the said Lot 1,London School Tracts,for an inner ell corner of this Tract; Thence,South 89'10'38"West,with the said North Right-of-Way Line,the South boundary line of the said London School Tracts,Lots 1,2 and 3,at 721.49 Feet,pass a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND WELSH"Found, for the common South corner of the said Lots 2 and 3,in all 1222.88 Feet,to the Southeast corner of a 1.29 Acre Tract of Land out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,described in a Warranty Deed with Vendor's Lien, from The South Texas Children's Home to Almarosa Castillo, recorded in Document No.2002017337,said Official Public Records,being the Southwest corner of the said Lot 3,London School Tracts and this Tract, from Whence, a 518 Inch Iron Rod with plastic cap stamped "5435" Found, bears South 00°48'31"East, 16.36 Feet; Thence,North 00°48'31" West, with the common boundary line of the said Lot 3 and the said 1.29 Acre Tract,296.02 Feet, to a 518 Inch Iron Rod with plastic cap stamped"5435"Found,for a common comer of the said 1.29 Acre Tract with the said Lot 3 and this Tract; Thence,North 89°02'39"East, 111.09 Feet,to a common corner of the said 1.29 Acre Tract, the said Lot 3 and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 89°02'39"East,0.22 Feet; 2725 Swantner Dr.,Corpus Christi,TX 78404 1 361.854.3101 1 TBPELS E-145 S-10032400 I urbaneng.com Thence,North 00°52'30"West,with a Northwest boundary line of the said Lot 3,a Southeast boundary line of the said 1.29 Acre Tract,a Northwest boundary line of the said 25.00 Acre Tract and a Southeast boundary line of Lot 1,Block 1,King's Landing Unit 1,a map of which is recorded in Volume 69,Pages 785-789,said Map Records, 1608.22 Feet,to a 518 Inch Iron Rod with plastic cap stamped"BASS AND WELSH"Found,on the South Right-of- Way Line of Lady Claudia Street,being an inner ell comer of the said King's Landing Unit 1,for the Northwest corner of the said 25.00 Acre Tract and this Tract; Thence,North 89108'57"East,with a South boundary line of the said King's Landing Unit 1 and the said Lady Claudia Street, and the North boundary line of the said 25.00 Acre Tract, 1321.52 Feet,to the West boundary line of a 118.126 Acre Tract of Land,out of the Cuadrilla Irrigation Company Survey No. 135,Abstract 581,Survey No, 139,Abstract 577 and I&G.N.R.R.Survey No. 140,Abstract 612,described in a Correction Warranty Deed,from Sheilah London to Bill J.Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy,recorded in Document No. 2015011169, said Official Public Records, being the a Southeast corner of the said King's Landing Unit 1, the Southeast corner of the said Lady Claudia Street, and the Northeast corner of the said 25.00 Acre Tract of Land described in Document No.2008018783,said Official Public Records,for an outer ell corner of this Tract; Thence,South 01 00019"East,with the common boundary line of the said 118.126 Acre Tract and the said 25.00 Acre Tract,3.12 Feet,for an outer ell comer of this Tract; Thence,North 88054'56"East,with the common boundary line of the said 118.126 Acre Tract and the said 20.00 Acre Tract, 1023.87 Feet,to the said apparent West Right-of-Way Line of London Pirate Road(County Road 33),for the Southeast corner of the said 118.126 Acre Tract,and for the Northeast corner of the said 20.00 Acre Tract and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 2013'25"East,0.48 Feet; Thence, South 20113'25" West,with the common boundary of the said apparent West Right-of-Way Line and the said 20.00 Acre Tract, 1146.74 Feet, to a 518 Inch Iron Rod Found,being the Southeast comer of the said 20,00 Acre Tract,the Northeast corner of a 1.67 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,and the said I.&G.N.R.R.Survey No. 140,Abstract 612,described in a Warranty Deed, from Robert Perez and wife, Sylvia B. Perez to Aaron and Ana Laura Gallegos, recorded in Document No. 2017040703,said Official Public Records,for a corner of this Tract; Thence,South 89°10'13"West,608.83 Feet,to a 518 Inch Iron Rod Found,on the West boundary line of the said 27.50 Acre Tract,being the Southwest corner of the said 20.00 Acre Tract,being the Northwest corner of the said 1.67 Acre Tract,for an inner ell corner of this Tract; Thence, South 01'02'16"East, with the East boundary line of the said 27.50 Acre Tract and the said 5.00 Acre Tract,at 124.16 Feet,pass a 518 Inch Iron Rod Found,being the Northwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581,and the said I.&G.N.R.R. Survey No. 140,Abstract 612,described in a Warranty Deed,from Robert Perez and Sylvia B. Perez to Aaron Gallegos and Ana Laura Gallegos, recorded in Document No. 2013049419,said Official Public Records,in all 408.40 Feet,to a 1 Inch Iron Pipe Found,on the North boundary line of the said 4.00 Acre Tract,being a corner of the said 5.00 Acre Tract, the Southwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581,described in a Special Warranty Deed,from Sylvia Rodriguez Aguilar to Sylvia Rodriguez Aguilar and Jorge Aguilar,recorded in Document No. 2022053426, said Official Public Records, for an inner ell comer of this Tract; Thence,North 89'14'03"East,with the North boundary line of the said 4.00 Acre Tract,the North boundary line of the said 1.994 Acre Tract,and the South boundary line of the said 1.66 Acre Tract,449.95 Feet, to a 3/4 Inch Iron Pipe Found,on the said apparent West Right-of-Way Line,for the Southeast corner of the said 1.66 Acre Tract of Land,the Northeast corner of the said 1.994 Acre Tract,and for a corner of this Tract; Thence, South 20°13'25" West, with the East boundary line of the said 1.994 Acre Tract of Land and the said apparent West Right-of-Way Line,306.23 Feet,for a corner of this Tract; 2725 Swantner Dr.,Corpus Christi,TX 78404 1 361.854.3101 1 TPELS E-145 TBPLS S-10032400 I urbaneng.com Thence,South 2458'28"West,over and across the said 1.00 Acre Tract,continuing with the said apparent West Right-of-Way Line, 175.59 Feet,to the Point of Beginning,containing 82.40 Acres(3,589,429 Sq.Ft.)of Land, more or less. 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. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy.Also referent n anying sketch of tract described herein. �E OFrF Cti VVP URBAN ENGINEERING . . 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L�V0o1B 'l 701 ('1'3'N'a'd'O 'Gf£[102002 '0N '000) " (ollpso:)osojowly ❑aumo) L139 'ON banung 6uodwoO uo!7o6pj{oll10ponO a4j I c y m r jo }no jowl away 6Z'I " h II ;eaJj$ ca.ipuy APD- - — Petition Requesting Annexation by Are Landowners TO THE MAYOR OF THE GOVERNING BODY OF CORPUS CHRISTI,TEXAS The undersigned owners of the hereinafter described tract of land,which is currently being used as school grounds and without residents,or on which fewer than three qualified voters reside,hereby petition your honorable Body to extend the present city limits so as to include as part of the City of Corpus Christi,Texas the following described territory,to wit: Fieldnotes, for an 82.40 Acre,Annexation Tract, situated in the Cuadrilla Irrigation Company Survey No. 135,Abstract 581, and the I.&G.N.R.R. Survey No. 140,Abstract 612, as shown on the map of the Laureles Farm Tract,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas,and comprising all of Lot 1,London School Tracts,a map of which is recorded in Volume 67,Page 179,said Map Records,all of Lot 2, London School Tracts,a map of which is recorded in Volume 67,Page 180,said Map Records,all of Lot 3, London School Tracts, a map of which is recorded in Volume 67,Page 578, said Map Records; all of a 20.00 Acre Tract described in a Special Warranty Gift Deed from Sheilah Ruth London to London Independent School District, recorded in Document No.2005027456,said Official Public Records;all of a 25.00 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District, recorded in Document No. 2008018783,said Official Public Records;the remainder of a 27.50 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District,recorded in Document No.2003067159, Official Public Records of Nueces County,Texas; the remainder of a 5.00 Acre Tract described in a Warranty Deed from The South Texas Children's Home to London Independent School District, recorded in Document No. 2003067159,said Official Public Records;the remainder of a 4.00 Acre Tract described in a Deed from W.T. Petty to the County School Trustees of Nueces County,State of Texas,recorded in Volume 112,Page 392,Deed Records of Nueces County,Texas;the remainder of a 1.994 Acre Tract of Land described in a Warranty Deed with Vendor's Lien from Betty Jean London,Billy Ray London,Jr.,Thomas Leslie London,Laureen M.London,Deilana Morrine London Cook,Larry B.Cook,Nora London Covington and Joseph Covington to London Independent School District, recorded in Volume 2170,Page 841,said Deed Records;and the remainder of a 1.00 Acre described in a Deed from J.A. Hill and W.T. Petty to W.F. Timon, County Judge of Nueces County, Texas, for use and benefit of Common School District Np.35,in Nueces County,recorded in Volume 71,Page 550,said Deed Records;the said 82.40 Acre Tract being more fully described as follows: Beginning,at 5/8 Inch Iron Rod Found,on the North Right-of-Way Line of Farm to Market Road 43,the apparent West Right-of-Way of London Pirate Road(County Road 33),a public roadway; Thence, South 89°10'38"West,with the said North Right-of-Way Line, 476.67 Feet, for a corner of this Tract,from Whence,a TxDot Monument Found,bears South 00046'26"East,0.75 Feet; Thence, North 00046'26" East, at 6.21 Feet, pass a Drill Hole Found, in all 16.36 Feet, to the Southeast corner of the said Lot 1,London School Tracts,for an inner ell corner of this Tract; Thence,South 89°10'38"West,with the said North Right-of-Way Line,the South boundary line of the said London School Tracts,Lots 1,2 and 3,at 721.49 Feet,pass a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND WELSH"Found,for the common South comer of the said Lots 2 and 3,in all 1222.88 Feet,to the Southeast corner of a 1.29 Acre Tract of Land out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,described in a Warranty Deed with Vendor's Lien, from The South Texas Children's Home to Almarosa Castillo, recorded in Document No.2002017337,said Official Public Records,being the Southwest corner of the said Lot 3,London School Tracts and this Tract, from Whence, a 5/8 Inch Iron Rod with plastic cap stamped "5435" Found, bears South 00°48'31"East, 16.36 Feet; Thence,North 00°48'31"West,with the common boundary line of the said Lot 3 and the said 1.29 Acre Tract,296.02 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"5435"Found,for a common corner of the said 1.29 Acre Tract with the said Lot 3 and this Tract; Thence,North 89°02'39"East, 111.09 Feet,to a common corner of the said 1.29 Acre Tract,the said Lot 3 and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 89°02'39"East,0.22 Feet; Thence,North 00°52'30"West,with a Northwest boundary line of the said Lot 3,a Southeast boundary line of the said 1.29 Acre Tract,a Northwest boundary line of the said 25.00 Acre Tract and a Southeast boundary line of Lot 1,Block 1,King's Landing Unit 1,a map of which is recorded in Volume 69,Pages 785-789,said Map Records, 1608.22 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped`BASS AND WELSH"Found,on the South Right-of- Way Line of Lady Claudia Street,being an inner ell corner of the said King's Landing Unit 1,for the Northwest corner of the said 25.00 Acre Tract and this Tract; Thence,North 89°08'57"East,with a South boundary line of the said King's Landing Unit 1 and the said Lady Claudia Street,and the North boundary line of the said 25.00 Acre Tract, 1321.52 Feet,to the West boundary line of a 118.126 Acre Tract of Land,out of the Cuadrilla Irrigation Company Survey No. 135,Abstract 581,Survey No. 139,Abstract 577 and I&G.N.R.R.Survey No. 140,Abstract 612,described in a Correction Warranty Deed,from Sheilah London to Bill J.Brown,Reagan Travis Brown and Alyssa Ann Brown McCoy,recorded in Document No. 2015011169, said Official Public Records, being the a Southeast corner of the said King's Landing Unit 1, the Southeast corner of the said Lady Claudia Street, and the Northeast corner of the said 25.00 Acre Tract of Land described in Document No.2008018783,said Official Public Records,for an outer ell corner of this Tract; Thence,South 01'00'19"East,with the common boundary line of the said 118.126 Acre Tract and the said 25.00 Acre Tract,3.12 Feet,for an outer ell corner of this Tract; Thence,North 88°54'56"East,with the common boundary line of the said 118.126 Acre Tract and the said 20.00 Acre Tract, 1023.87 Feet,to the said apparent West Right-of-Way Line of London Pirate Road(County Road 33),for the Southeast corner of the said 118.126 Acre Tract,and for the Northeast corner of the said 20.00 Acre Tract and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 20°13'25"East,0.48 Feet; Thence, South 20°13'25"West,with the common boundary of the said apparent West Right-of-Way Line and the said 20.00 Acre Tract, 1146.74 Feet, to a 5/8 Inch Iron Rod Found,being the Southeast corner of the said 20.00 Acre Tract, the Northeast corner of a 1.67 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,and the said I.&G.N.R.R.Survey No.140,Abstract 612,described in a Warranty Deed, from Robert Perez and wife, Sylvia B. Perez to Aaron and Ana Laura Gallegos, recorded in Document No. 2017040703,said Official Public Records,for a corner of this Tract; Thence,South 89'10'13"West,608.83 Feet,to a 5/8 Inch Iron Rod Found,on the West boundary line of the said 27.50 Acre Tract,being the Southwest corner of the said 20.00 Acre Tract,being the Northwest corner of the said 1.67 Acre Tract,for an inner ell corner of this Tract; Thence, South 01°02'16"East,with the East boundary line of the said 27.50 Acre Tract and the said 5.00 Acre Tract,at 124.16 Feet,pass a 5/8 Inch Iron Rod Found,being the Northwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581, and the said I.&G.N.R.R. Survey No. 140,Abstract 612,described in a Warranty Deed,from Robert Perez and Sylvia B.Perez to Aaron Gallegos and Ana Laura Gallegos,recorded in Document No.2013049419,said Official Public Records,in all 408.40 Feet,to a 1 Inch Iron Pipe Found,on the North boundary line of the said 4.00 Acre Tract,being a corner of the said 5.00 Acre Tract, the Southwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581,described in a Special Warranty Deed,from Sylvia Rodriguez Aguilar to Sylvia Rodriguez Aguilar and Jorge Aguilar,recorded in Document No.2022053426, said Official Public Records, for an 'inner ell corner of this Tract; Thence,North 89'14'03"East,with the North boundary line of the said 4.00 Acre Tract,the North boundary line of the said 1.994 Acre Tract,and the South boundary line of the said 1.66 Acre Tract,449.95 Feet,to a 3/4 Inch Iron Pipe Found,on the said apparent West Right-of-Way Line,for the Southeast corner of the said 1.66 Acre Tract of Land,the Northeast corner of the said 1.994 Acre Tract,and for a corner of this Tract; Thence, South 20°13'25"West,with the East boundary line of the said 1.994 Acre Tract of Land and the said apparent West Right-of-Way Line,306.23 Feet,for a corner of this Tract; Thence,South 24°58'28"West,over and across the said 1.00 Acre Tract,continuing with the said apparent West Right-of-Way Line,175.59 Feet,to the Point of Beginning,containing 82.40 Acres(3,589,429 Sq.Ft.)of Land, more or less. 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. I certify that the above,described tract of land is contiguous and adjacent to the City of Corpus Christi,Texas,and that this petition is signed and duly acknowledged the each and every person having an interest in said land. Signed: 1 -1 Date: k* off _ THE STATE OF TEXAS COUNTY OF NUECES '.t + BEFORE ME,the unders'gned authority,on this day personally appearedUC�I Wl't1,5 as r J r1 en el� of London Independent School District,known to me to be the person whose name is su scribed to the foregoing instrument and she acknowledged to me that she executed the same for the purposes and consideration therein expressed. ll� Given under my hand and seal of office,this W day of h ece+t" 6e f ,2023 wrr�, DIANE M SANDERS ���• ate; s `Notary public,State of Texas Notary Public in and for Svx . 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Annexation Petition: ell 82.40-acre tract I 5 Annexation Area _ I ---- Y Legend mw. ,dog iso P�a�rtv cry L1,1M P cels •d D 504 1.00 2,00 Feet Wastewater facilities M ppp �'ba . 40 , • �Vl k 1 R r t .x.... �m � � 'tern 0 �„� a•.,,.x......_......'•, �.., .................. p o L x e wa , Background LiY • The District currently receives City water service. • District Bond funds for a stadium complex, sports field creation, and school additions were approved by London District voters in Fall 2022. • The District determined that tying current and proposed facilities into the City wastewater system would be the best path toward meeting the current and future expansion needs. • The City requires platting and annexation before an existing facility connects to additional city utility lines. V71,- Fiscal Impact Analysis • The District property is exempt from ad valorem taxes due to receiving a public school district exemption. • Therefore, the annexation of the property will have a net negative fiscal impact on the City general fund departments. Post-Annexation Changes Revenue Expense CCW +$1,362 Wastewater collected at the Currently on septic,additional$1,620 wastewater fee less$258 reduction in- site City water rate;anticipated additional water use campus improvements Stormwater +$3,000 None Fee based on land use type for 82-acre site;City currently maintains London Pirate Road and drainage channel. Solid Waste None None Districts all contractfor private service Police None Marginal ISD's have private security Fire None Case by Case Will be added to Fire Service District of in-City homes to the north. Costvary by type of call(staff needed,equipment sent,duration of event,etc..). Animal Control None Marginal As a comparison,West Oso ISD had 10 calls in 2023,similar size campus and student population. Transportation None Traffic may provide guidance on No additional roadways annexed issues that arise Library None None District has a Library Parks and Recreation None None District has facilities,services for students Code Enforcement None Marginal Based on other ISD response data we should expect 4 visits annually. Annual Totals $52,344 Varies *No new revenue added to other General Fund Departments 6 5 Staff Recommendation Approval of the ordinance to annex 82.40 acres as petitioned by the London Independent School District Questions? so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 First Reading City Council Meeting February 13, 2024 1852 Second Reading City Council Meeting February 20, 2024 DATE: February 2, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Assistant City Manager HeatherH3 Ldcctexasxom 361-826-3506 Ordinance approving a Service and Assessment Plan (SAP), approving a developer reimbursement agreement, and levying assessments for improvements within Improvement Area #1 of the Whitecap Public Improvement District No. 1 . CAPTION: Public hearing and ordinance approving a Service and Assessment Plan (SAP), approving a developer reimbursement agreement, and levying the assessments for improvements within Improvement Area #1 of the Whitecap Public Improvement District No. 1 . SUMMARY: This item will approve the Final Service and Assessment Plan (SAP) for the Whitecap Public Improvement District No. 1 (PID) which includes making a finding of special benefit for property within Improvement Area #1 and levying assessments for Improvement Area #1 of the Whitecap Public Improvement District #1 . BACKGROUND AND FINDINGS: In September 2021 Diamond Beach Holdings submitted an application for a Public Improvement District (PID) on North Padre Island for a master planned community that would come to be known as Whitecap. In February 2022 the City received a PID petition from Diamond Beach for the proposed PID that was followed by a revised petition received on April 8, 2022. A PID allows for an additional amount to be assessed on properties within the district which can be used to pay for the cost of public infrastructure or amenities that benefit the properties within the district. These costs can be reimbursed on a pay-as-you-go basis, or the City can issue bonds secured by the revenues generated by the assessments. On May 17, 2022 City Council held a public hearing and then approved a resolution authorizing the creation of Whitecap Public Improvement District No. 1 . Since the creation of the PID, the PID working group has been working together to negotiate and finalize the required PID documents which include the Service and Assessment Plan (SAP) and resulting levy of assessments along with a master development agreement. The working group includes: • City Staff • Norton Rose Fulbright US LLP-City's bond counsel • Specialized Public Finance, Inc-City's financial advisor • FMSbonds, Inc-Bond underwriter • P3 Works-City's PID consultant and administrator • Ashlar Development-Developer • Shupe Ventrua, PLLC-Developer's counsel • Diamond Beach Holdings, LLC-Property owner The Service and Assessment Plan (SAP) defines the authorized improvements within the PID that can receive funding from the assessment revenues generated within the PID and provides the total dollar amount of the reimbursement. The Preliminary Service and Assessment Plan (PSAP) which includes the proposed assessment roll for the PID Improvement Area #1 within the PID was approved by resolution on January 23, 2024. The City called a public hearing concerning the assessments for the Whitecap PID and notified all property owners by mail. At the completion of today's public hearing, City Council will consider approval of an ordinance imposing the assessment, approving a developer reimbursement agreement, and approving the final SAP. Improvement Area #1 includes approximately 55.9 acres out of the total 242.0 acres development area and will have 199 lots developed with single-family houses. The authorized improvements include improvements to the Preserve park area, streets, drainage, water, wastewater, soft costs related to design, construction and installing these projects, bond issuance costs, and other costs including administrative costs. Total costs estimated to be incurred for the allowed infrastructure in Improvement Area #1 is $45,112,621 . Of that $23,856,000 will be reimbursed through a future issuance of PID bonds, $2,417,714 will be reimbursed in a future improvement area, and the remainder of $18,838,907 will be funded by the developer. This item will approve the Service and Assessment Plan (SAP) for the Whitecap Public Improvement District (PID) No. 1 which includes the costs of certain authorized improvements to be financed within Improvement Area #1 , approves the developer reimbursement agreement, and levies assessments on the property located within the improvement area #1 of the Whitecap PID. ALTERNATIVES: The City Council could not approve the Service and Assessment Plan, the reimbursement agreement, or the levying of the assessments. FISCAL IMPACT: There is no immediate fiscal impact from this action. Bonds may be issued at a later date to reimburse for the improvement costs. RECOMMENDATION: Staff recommends that City Council approve the Service and Assessment Plan, the reimbursement agreement, and the levying of the assessments. LIST OF SUPPORTING DOCUMENTS: Ordinance Service and Assessment Plan Reimbursement Agreement Presentation ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR THE WHITECAP PUBLIC IMPROVEMENT DISTRICT IMPROVEMENT AREA #1; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN THE DISTRICT; LEVYING ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR SEVERABILITY; APPROVING AND AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT RELATING TO IMPROVEMENT AREA #1 OF THE WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1; RESOLVING ALL MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 7, 2022 a petition was submitted and filed with the City Secretary (the "City Secretary") of the City of Corpus Christi, Texas (the "City") pursuant to the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the "PID Act"), requesting the creation of a public improvement district within the City; and WHEREAS, the petition satisfied the requirements of the PID Act because it contained the signatures of: (1) the owners of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the District, as determined by the then current ad valorem tax rolls of Nueces County Appraisal District, and (2) the record owners of real property liable for assessment who (A) constitute more than fifty percent of all record owners of property that is liable for assessment under the proposal, or (B) own taxable real property that constitutes more than fifty percent of the area of all taxable property within the District that is liable for assessment; and WHEREAS, on May 17, 2022, after due notice, the City Council of the City (the "City Council') held a public hearing in the manner required by law on the advisability of the public improvements and services described in the petition as required by Section 372.009 of the PID Act, and on May 17, 2022 made the findings required by Section 372.009(b) of the PID Act and, by Resolution No. 032761 (the "Authorization Resolution") adopted by a majority of the members of the City Council, authorized and created the Whitecap Public Improvement District No. 1 (the "District") in accordance with its finding as to the advisability of the authorized improvements relating to the District (the "Authorized Improvements"); and WHEREAS, the City filed the Authorization Resolution with the Nueces County Clerk in Nueces County real property records, as required by law; and 1 137914984.5 WHEREAS, no written protests regarding the creation of the District from any owners of record of property within the District were filed with the City Secretary, within 20 days after the adoption of the Authorization Resolution; and WHEREAS, on January 23, 2024, the Council adopted a resolution accepting the preliminary service and assessment plan, including a proposed assessment roll the District (the "Proposed Assessment Roll"), calling for a public hearing to consider an ordinance levying assessments against benefitted property within the District (the "Assessments"), authorizing and directing the City Secretary of the City to file the Proposed Assessment Roll and make such assessment roll available for public inspection, authorizing and directing the City Secretary of the City to publish notice of a public hearing to consider the levying of the Assessments against the property within the District (the "Levy and Assessment Hearing"), authorizing and directing the mailing of notice of the Levy and Assessment Hearing to owners of property liable for assessment, and directing related action; and WHEREAS, the City Secretary filed the Proposed Assessment Roll and made the same available for public inspection; and WHEREAS, the City Secretary, pursuant to Section 372.016(b) of the PID Act, published notice of the Levy and Assessment Hearing on January 28, 2024 in the Corpus Christi Caller- Times, a newspaper of general circulation in the City; and WHEREAS, the City Secretary, pursuant to Section 372.016(c) of the PI D Act, mailed the notice of the Levy and Assessment Hearing to the last known address of the owners of the property liable for the Assessments; and WHEREAS, on February 13, 2024 the City Council convened the Levy and Assessment Hearing and all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the Assessment Roll (as defined below), and the proposed assessments, and to offer testimony pertinent to any issue presented on the amount of the assessments, the allocation of the Actual Costs of the Authorized Improvements (as defined in the Service and Assessment Plan) to be undertaken for the benefit of the property located within the District, the purposes of the Assessments, the special benefits of the Assessments, and the penalties and interest on annual installments and on delinquent annual installments of the Assessments; and WHEREAS, the City Council finds and determines that the Whitecap Public Improvement District Improvement Area #1 Service and Assessment Plan, substantially in the form attached hereto as Exhibit A (the "Service and Assessment Plan"), and which is incorporated herein for all purposes, should be approved and that the Assessments for the Assessed Property (as defined in the Service and Assessment Plan) should be levied as provided in this Ordinance and the Service and Assessment Plan and the assessment roll attached thereto as Exhibit F (the "Assessment Roll"); and 2 137914984.5 WHEREAS, the City Council further finds that there were no objections or evidence submitted to the City Secretary in opposition to the Service and Assessment Plan, the allocation of the Actual Costs of the Authorized Improvements as described in the Service and Assessment Plan, the Assessment Roll, and the levy of the Assessments, all as described in the Service and Assessment Plan; and WHEREAS, the owner(the "Landowner"), of one hundred percent(100%) of the privately- owned and taxable property located within the District to be assessed pursuant to this Ordinance, has acknowledged, consented and confirmed the right, power, and legislative authority of the City Council of the City to: (i) create the District; (ii) adopt this Assessment Ordinance, including the Service and Assessment Plan, (iii) make determinations and findings as to special benefits conferred by the Authorized Improvements, and (iv) levy of Assessments against benefitted property within the District owned by the Landowner; and WHEREAS, the City desires to approve the "PID Reimbursement Agreement - Whitecap Public Improvement District' by and between the City and Ashlar Interests, LLC, a Texas limited liability company, relating to Improvement Area#1 of the District(the"Reimbursement Agreement'); and WHEREAS, the Reimbursement Agreement is a "reimbursement agreement' authorized by Section 372.023(d)(1) of the Act; and WHEREAS, the City Council closed the Levy and Assessment Hearing, and, after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed with the City, determined to proceed with the adoption of this Ordinance in conformity with the requirements of the PI D Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Terms. Terms not otherwise defined herein, including the preambles to this Ordinance, have the meanings ascribed thereto as set forth in the Service and Assessment Plan. Section 2. Findings. The findings and determinations set forth in the preambles hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. The City Council hereby finds, determines, and ordains, as follows: (a) The apportionment of the Actual Costs of the Authorized Improvements (as reflected in the Service and Assessment Plan and Exhibit B attached thereto) and the Annual Collection Costs (as reflected in the Service and Assessment Plan) is fair and reasonable, reflects an accurate presentation of the special benefit each assessed parcel 3 137914984.5 of the Assessed Property will receive from the construction of the Authorized Improvements identified in the Service and Assessment Plan, and is hereby approved; (b) The Service and Assessment Plan (i) covers a period of at least five years, (ii) defines the annual indebtedness and projected costs for the Authorized Improvements, (iii) includes a copy of the notice form required by Section 5.014 of the Texas Property Code, as amended, and (iv) and will be reviewed and updated annually; (c) The Service and Assessment Plan apportions the Actual Costs of the Authorized Improvements to be assessed against the Assessed Property in the District and such apportionment is made on the basis of special benefits accruing to the Assessed Property because of the Authorized Improvements; (d) All of the Assessed Property in the District which is being assessed in the amounts shown in the Assessment Roll will be benefited by the Authorized Improvements as described in the Service and Assessment Plan, and each Assessed Property will receive special benefits during the term of the Assessments equal to or greater than the total amount assessed; (e) The method of apportionment of the Actual Costs of the Authorized Improvements and Annual Collection Costs set forth in the Service and Assessment Plan results in imposing equal shares of the costs of the Authorized Improvements and Annual Collection Costs on property similarly benefited, and results in a reasonable classification and formula for the apportionment of the Actual Costs of the Authorized Improvements; (f) The Service and Assessment Plan should be approved as the service plan and assessment plan for the District as described in Sections 372.013 and 372.014 of the PI D Act; (g) The Assessment Roll should be approved as the assessment roll for the Assessed Property within the District; (h) The provisions of the Service and Assessment Plan relating to due and delinquency dates for the Assessments, interest on Annual Installments, interest and penalties on delinquent Assessments and delinquent Annual Installments, and procedures in connection with the imposition and collection of Assessments should be approved and will expedite collection of the Assessments in a timely manner in order to provide the services and improvements needed and required for the District; and (i) A written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. 4 137914984.5 Section 3. Service and Assessment Plan. The Service and Assessment Plan is hereby accepted and approved pursuant to Sections 372.013 and 372.014 of the PI D Act as the service plan and the assessment plan for the District. Section 4. Assessment Roll. The Assessment Roll is hereby accepted and approved pursuant to Section 372.016 of the PI D Act as the Assessment Roll of the District. Section 5. Levy and Payment of Assessments for Costs of the Authorized Improvements. (a) The City Council hereby levies an assessment on the Assessed Property (excluding Non-Benefited Property) located within the District, as shown and described in the Service and Assessment Plan and the Assessment Roll, in the respective amounts shown in the Assessment Roll, as a special assessment on the properties set forth in the Assessment Roll. The Assessments hereby levied shall be sufficient to pay the debt service on any bonds or other evidences of indebtedness that may be hereafter issued for the District and costs related thereto in accordance with the terms of the Service and Assessment Plan or that are otherwise authorized by the PI D Act. (b) The levy of the Assessments shall be effective on the date of execution of this Ordinance levying Assessments and strictly in accordance with the terms of the Service and Assessment Plan and the PID Act. (c) The collection of the Assessments shall be as described in the Service and Assessment Plan and the PID Act. (d) Each Assessment may be paid in a lump sum at any time or may be paid in Annual Installments pursuant to the terms of the Service and Assessment Plan. (e) Each Assessment shall bear interest at the rate or rates specified in the Service and Assessment Plan, as the same shall be reviewed and updated annually. (f) Each Annual Installment shall be collected each year in the manner set forth in the Service and Assessment Plan. (g) The Annual Collection Costs for the Assessed Property shall be calculated and collected pursuant to the terms of the Service and Assessment Plan. Section 6. Method of Assessment. The method of apportioning the Actual Costs of the Authorized Improvements and Annual Collection Costs are set forth in the Service and Assessment Plan. Section 7. Penalties and Interest on Delinquent Assessments. 5 137914984.5 Delinquent Assessments shall be subject to the penalties, interest, procedures, and foreclosure sales set forth in the Service and Assessment Plan and as allowed by law. Section 8. Prepayments of the Assessments. As provided in Section VI of the Service and Assessment Plan, the owner of any of the Assessed Property may prepay the Assessments levied by this Ordinance. Section 9. Lien Priority. The City Council and the Landowner intend for the obligations, covenants and burdens on the landowners of Assessed Property, including without limitation such Landowner's obligations related to payment of the Assessments and the Annual Installments thereof, to constitute covenants that shall run with the land. The Assessments and the Annual Installments thereof which are levied hereby shall be binding upon the Landowner, as the owner of Assessed Property, and its respective transferees, legal representatives, heirs, devisees, successors and assigns in the same manner and for the same period as such parties would be personally liable for the payment of ad valorem taxes under applicable law. The Assessments shall have lien priority as specified in the Service and Assessment Plan and the PID Act. Section 10. Appointment of Administrator and Collector of Assessments. (a) Appointment of Administrator. The prior appointment of P3Works, LLC, is hereby confirmed and P3Works, LLC, is hereby designated as the initial Administrator of the Service and Assessment Plan and of Assessments levied by this Ordinance (the "Administrator"). The Administrator shall perform the duties of the Administrator described in the Service and Assessment Plan, in this Ordinance, and in any contract between the City and the Administrator. The Administrator's fees, charges and expenses for providing such service shall constitute Annual Collection Costs. (b) Appointment of Temporary Collector. The Administrator or its designee is hereby appointed and designated as the temporary collector of the Assessments (the "Collector'). The Collector shall serve in such capacity until such time as the City shall arrange for the Collector's duties to be performed by the Nueces County Tax Assessor and Collector, or another qualified collection agent selected by the City. Section 11. Applicability of Tax Code. To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 12. Filing in Real Property Records. The Reimbursement Agreement attached hereto as Exhibit B, is approved and the Mayor or City Manager is authorized to execute such Reimbursement Agreement on behalf of the City. 6 137914984.5 Section 13. Filing in Real Property Records. The City Secretary is directed to cause a copy of this Ordinance, including the Service and Assessment Plan and the Assessment Roll, to be recorded in the real property records of Nueces County before February 26, 2024. The City Secretary is further authorized to similarly file or cause to be filed each Annual Service Plan Update approved by the City Council no later than the seventh day after the date the City Council approves such Annual Service Plan Update. Section 14. Severability. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity or any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 15. Effective Date. This Ordinance shall take effect, and the levy of the Assessments, and the provisions and terms of the Service and Assessment Plan shall be and become effective upon passage and execution hereof. 7 137914984.5 PASSED AND ADOPTED on the day of 12024. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS day of , 2024: Miles Risley, City Attorney (CITY SEAL) [Signature page S-1 to Assessment Ordinance] THE STATE OF TEXAS § COUNTY OF N UECES § 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 day of , 2024, authorizing an assessment ordinance and reimbursement agreement, 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 day of , 2024. City Secretary (CITY SEAL) [Signature page S-2 to Assessment Ordinance] The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2024, by the following vote: Paulette Guaj ardo 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 , 2024, by the following vote: Paulette Guaj ardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED, this the day of , 2024. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor [Signature page S-3 to Assessment Ordinance] EXHIBIT A Service and Assessment Plan EXHIBIT B Reimbursement Agreement Last revised 2.2.24 PID Reimbursement Agreement Whitecap Public Improvement District No. 1 This PID Reimbursement Agreement (this "Agreement") is entered into by Ashlar Interests, LLC (the "Developer") and the City of Corpus Christi Texas (the "City"), to be effective , 20, (the "Effective Date"). The Developer and the City are individually referred to as a "Party" and collectively as the "Parties." SECTION 1. RECITALS 1.1 WHEREAS, capitalized terms used in this Agreement shall have the meanings given to them in Section 2; 1.2 WHEREAS, unless otherwise defined: (1) all references to "sections" shall mean sections of this Agreement; (2) all references to "exhibits" shall mean exhibits to this Agreement which are incorporated as part of this Agreement for all purposes; and (3) all references to "ordinances" or "resolutions" shall mean ordinances or resolutions adopted by the City Council; 1.3 WHEREAS, the Developer is a Texas limited liability company; 1.4 WHEREAS, the City is a Texas home-rule municipality; 1.5 WHEREAS, on May 17, 2022, the City Council passed and approved the PID Creation Resolution authorizing the creation of the PID pursuant to the Act, covering approximately 242.011 contiguous acres within the City's corporate limits, which land is described in the PID Creation Resolution; 1.6 WHEREAS, on February 20, 2024, the City Council passed and approved an Assessment Ordinance related to Improvement Area#1 of the PID; 1.7 WHEREAS, the City Council expects to pass and approve additional Assessment Ordinances related to other phases of development in the PID in the future as such phases are developed; 1.8 WHEREAS, each Assessment Ordinance approves the SAP, including each Assessment Roll attached thereto; Page 1 1156.011\801090.6 Last revised 2.2.24 1.9 WHEREAS, the SAP identifies Authorized Improvements to be designed, constructed, and installed by or at the direction of the Parties that confer a special benefit on the Assessed Property; 1.10 WHEREAS, the SAP sets forth the Actual Costs of the Authorized Improvements; 1.11 WHEREAS, the Assessed Property is being developed in phases or"Improvement Areas;" 1.12 WHEREAS, this Agreement shall apply to all Improvement Areas and no additional reimbursement agreement shall be required for Improvement Areas to be developed in the future following the initial phase of development constituting "Improvement Area#1"; 1.13 WHEREAS, the SAP determines and apportions the Actual Costs of the Authorized Improvements to the Assessed Property, which Actual Costs represent the special benefit that the Authorized Improvements confer upon the Assessed Property as required by the Act; 1.14 WHEREAS, in each Assessment Ordinance the City levied or expects to levy a portion of the Actual Costs of the Authorized Improvements as Assessments against the Assessed Property in the amounts set forth on the Assessment Roll(s); 1.15 WHEREAS, Assessments, including the Annual Installments thereof, are or will be due and payable once levied as described in the SAP; 1.16 WHEREAS, Assessments, including the Annual Installments thereof, shall be billed and collected by the City or its designee; 1.17 WHEREAS,the Parties agree the City's obligations to reimburse the Developer for Actual Costs of Authorized Improvements constructed for the benefit of any Improvement Area are: (1) contingent upon the City levying Assessments against property within such Improvement Area benefitting from the Authorized Improvements, (2) payable solely from the Assessments, including the Annual Installments of such Assessments, collected from Assessed Property within such Improvement Area, and (3) not due and owing unless and until the City actually adopts an Assessment Ordinance levying such Assessments; 1.18 WHEREAS, Assessment Revenue from the collection of Assessments, including the Annual Installments thereof, shall be deposited (1) as provided in the applicable Indenture if PID Bonds secured by such Assessments are issued, or (2) into the PID Reimbursement Fund if no such PID Bonds are issued or none of such PID Bonds remain outstanding; Page 2 1156.011\801090.6 Last revised 2.2.24 1.19 WHEREAS, Bond Proceeds shall be deposited as provided in the applicable Indenture; 1.20 WHEREAS, a PID Project Fund related to each series of PID Bonds shall only be used in the manner set forth in the applicable Indenture; 1.21 WHEREAS, this Agreement is a "reimbursement agreement" authorized by Section 372.023(d)(1) of the Act; 1.22 WHEREAS, the foregoing RECITALS: (1) are part of this Agreement for all purposes; (2) are true and correct; (3) create obligations of the Parties (unless otherwise stated therein or in the body of this Agreement), and (4) each Party has relied upon such Recitals, each of which are incorporated as part of this Agreement for all purposes, in entering into this Agreement; and 1.23 WHEREAS, all resolutions and ordinances referenced in this Agreement (e.g., the PID Creation Resolution, Development Agreement, and each Assessment Ordinance), together with all other documents referenced in this Agreement (e.g., the SAP and each Indenture), are incorporated as part of this Agreement for all purposes as if such resolutions, ordinances, and other documents were set forth in their entirety in or as exhibits to this Agreement. NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set forth in this Agreement, the Parties agree as follows: SECTION 2. DEFINITIONS 2.1 "Act" is defined as Chapter 372, Texas Local Government Code, as amended. 2.2 "Actual Costs" are defined in the SAP. 2.3 "Administrator" is defined in the SAP. 2.4 "Agreement" is defined in the introductory paragraph. 2.5 "Annual Collection Costs" are defined in the SAP. 2.6 "Annual Installment" is defined in the SAP. 2.7 "Applicable Laws" means the Act and all other laws or statutes, rules, or regulations of the State of Texas or the United States, as the same may be amended, by which the City and its powers, securities, operations, and procedures are, or may be, governed or from which its powers may be derived. Page 3 1156.011\801090.6 Last revised 2.2.24 2.8 "Assessed Property" is defined in the SAP. 2.9 "Assessment" is defined in the SAP. 2.10 "Assessment Ordinance" is defined in the SAP. 2.11 "Assessment Revenue" means the revenues actually received by or on behalf of the City from any one or more of the following: (1) an Assessment levied against Assessed Property, or Annual Installment payment thereof, including any interest on such Assessment or Annual Installment during any period of delinquency, (2) a Prepayment, and (3)foreclosure proceeds. 2.12 "Assessment Roll" is defined in the SAP. 2.13 "Authorized Improvements" are defined in the SAP. 2.14 'Bond Proceeds" mean the proceeds derived from the issuance and sale of [a series of] PID Bonds that are deposited and made available to pay Actual Costs in accordance with the applicable Indenture. 2.15 "Certificate for Payment" means a certificate (substantially in the form of Exhibit A or as otherwise approved by the Developer and the City Representative) executed by a representative of the Developer and approved by a City Representative, delivered to a City Representative (and/or, if applicable, to the trustee named in any applicable Indenture), specifying the work performed and the amount charged (including materials and labor costs) for Actual Costs, and requesting payment of such amount from the appropriate fund or funds. Each certificate shall include supporting documentation in the standard form for City construction projects and evidence that each Authorized Improvement(or its completed segment) covered by the certificate has been inspected by the City. 2.16 "Change Order" is defined in Section 3.12. 2.17 "City" is defined in the introductory paragraph. 2.18 "City Council" means the governing body of the City. 2.19 "City Representative" means any person authorized by the City Council to undertake the actions referenced herein. 2.20 "Closing Disbursement Request" means a request in the form of Exhibit B or as otherwise approved by the Parties. Page 4 1156.011\801090.6 Last revised 2.2.24 2.21 "Commitment" is defined in Section 3.10. 2.22 "Cost Underrun" is defined in Section 3.11. 2.23 "County" is defined in the SAP. 2.24 'Default" is defined in Section 4.8.1. 2.25 'Delinquent Collection Costs" are defined in the SAP. 2.26 'Developer" is defined in the introductory paragraph. 2.27 'Developer Advances" mean advances made by the Developer to pay Actual Costs. 2.28 'Developer Improvement Account" means an account of the PID Project Fund which may be created and established under the applicable Indenture (and segregated from all other funds contained in the PID Project Fund)into which the City deposits, or directs the applicable trustee to deposit, any funds received from the Developer as required under such Indenture. 2.29 'Development Agreement" is defined in the SAP. 2.30 "Effective Date" is defined in the introductory paragraph. 2.31 "Failure" is defined in Section 4.8.1. 2.32 "Improvement Area" is a phase of development defined and described by metes and bounds in the SAP.. 2.33 "Improvement Area#1" is defined in the SAP. 2.34 "Indenture" means the applicable trust indenture pursuant to which PID Bonds are issued. 2.35 "Maturity Date" is the date one year after the last Annual Installment is collected. 2.36 "Party" and "Parties" are defined in the introductory paragraph. 2.37 "PID" is defined as the Whitecap Public Improvement District No. 1, created by the PID Creation Resolution. 2.38 "PID Bonds" are defined in the SAP. 2.39 "PID Creation Resolution" is defined as Resolution No. 032761 passed and approved by the City Council on May 17, 2022, and recorded in the official public records of Nueces County, Texas, as Instrument No. 2022024701 on May 20, 2022. Page 5 1156.011\801090.6 Last revised 2.2.24 2.40 "PID Pledged Revenue Fund" means, collectively, the fund established by the City under each applicable Indenture (and segregated from all other funds of the City) into which the City deposits Assessment Revenue securing PID Bonds issued and still outstanding. 2.41 "PID Project Fund" means, collectively, the fund, including all accounts created within such fund, established by the City under each applicable Indenture (and segregated from all other funds of the City)into which the City deposits Bond Proceeds in the amounts and as described in the applicable Indenture. 2.42 "PID Reimbursement Fund" means the fund, including all accounts created within such fund to designate Assessment Revenues collected from each Improvement Area, to be established by the City under this Agreement (and segregated from all other funds of the City) held by the City or the City's designee into which the City deposits Assessment Revenue if not deposited into the PID Pledged Revenue Fund. 2.43 "Prepayment" is defined in the SAP. 2.44 "Reimbursement Agreement Balance" is defined in Section 3.3. 2.45 "SAP" is defined as the Whitecap Public Improvement District Service and Assessment Plan approved February 20, 2024, as part of the Assessment Ordinance adopted by the City Council on February 20, 2024 and recorded in the official public records of Nueces County, Texas as Instrument No. on , 20 , as the same may be updated or amended by City Council action in accordance with the Act. 2.46 "Transfer" and "Transferee" are defined in Section 4.11. SECTION 3. FUNDING AUTHORIZED IMPROVEMENTS 3.1 Fund Deposits. Until PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued, the City shall bill, collect, and immediately deposit into the PID Reimbursement Fund all Assessment Revenue consisting of. (1) revenue collected from the payment of Assessments (including pre-payments and amounts received from the foreclosure of liens but excluding costs and expenses related to collection); and (2) revenue collected from the payment of Annual Installments (excluding Annual Collection Costs and Delinquent Collection Costs). Unless and until PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued, funds in the PID Reimbursement Fund shall be Page 6 1156.011\801090.6 Last revised 2.2.24 deposited into a segregated account relating to the Improvement Area from which such Assessment Revenue was collected and such funds shall only be used to pay Actual Costs of the Authorized Improvements benefitting that Improvement Area or all or any portion of the Reimbursement Agreement Balance related to that Improvement Area in accordance with this Agreement. Once PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued, the City shall bill, collect, and immediately deposit all Assessment Revenue collected from that Improvement Area that secure such series of PID Bonds in the manner set forth in the applicable Indenture. The City shall also deposit Bond Proceeds and any other funds authorized or required by the applicable Indenture in the manner set forth in the applicable Indenture. Annual Installments shall be billed and collected by the City(or by any person, entity, or governmental agency permitted by law)in the same manner and at the same time as City ad valorem taxes are billed and collected. Funds in the PID Project Fund shall only be used in accordance with the applicable Indenture; provided that funds disbursed from the applicable PID Project Fund pursuant to Section 3.5 below shall be made first from Bond Proceeds held in the applicable accounts within such PID Project Fund until such accounts are fully depleted and then from the Developer Improvement Account of the applicable PID Project Fund, if applicable. Subject to Section 3.6 below, the Actual Costs of Authorized Improvements within each Improvement Area shall be paid from: (1) the Assessment Revenue collected solely from Assessments levied on the property within such Improvement Area benefitting from such Authorized Improvements and on deposit in the PID Reimbursement Fund; or (2)net Bond Proceeds or other amounts deposited in an account of the PID Project Fund created under an Indenture related to PID Bonds secured by Assessment Revenue collected solely from Assessments levied on benefitted property within such Improvement Area. The City will take and pursue all actions permissible under Applicable Laws to cause the Assessments to be collected and the liens related to such Assessments to be enforced continuously, in the manner and to the maximum extent permitted by the Applicable Laws, and, to the extent permitted by Applicable Laws, to cause no reduction, abatement or exemption in the Assessments for so long as any PID Bonds are outstanding or a Reimbursement Agreement Balance remains outstanding. The City shall determine or cause to be determined, no later than February 15 of each year whether any Annual Installment is delinquent. If such delinquencies exist, then the City will order and cause to be commenced as soon as practicable any and all appropriate and legally permissible actions to obtain such Annual Installment, and any delinquent charges and interest thereon, including diligently prosecuting an action to foreclose the Page 7 1156.011\801090.6 Last revised 2.2.24 currently delinquent Annual Installment; provided, however, the City shall not be required under any circumstances to purchase or make payment for the purchase of the delinquent Assessment or the corresponding Assessed Property or to use any City funds, revenues, taxes, income, or property other than moneys collected from the Assessments for the payment of Actual Costs of Authorized Improvements under this Agreement. Once PID Bonds are issued, the applicable Indenture shall control in the event of any conflict with this Agreement. 3.2 Payment of Actual Costs. Subject to Section 3.6 below, if PID Bonds are not issued (or prior to such issuance)to pay Actual Costs of Authorized Improvements, the Developer may elect to make Developer Advances to pay Actual Costs. If PID Bonds are issued, the Bond Proceeds shall be used in the manner provided in the applicable Indenture; and, except as may be required under the Development Agreement and/or an applicable Indenture, the Developer shall have no obligation to make Developer Advances for the related Authorized Improvements, unless the Bond Proceeds, together with any other funds in the PID Project Fund or PID Reimbursement Fund, are insufficient to pay the Actual Costs of such Authorized Improvements, in which case the Developer shall make Developer Advances to pay the deficit. If Developer Advances are required in connection with the issuance of a series of PID Bonds, then such Developer Advances may be reduced by the amount of payments of Actual Costs of the Authorized Improvements (or portions thereof) to be financed by such PID Bonds that the Developer has previously paid if(1) the Developer submits to the City all information related to such costs that would be required by a Closing Disbursement Request at least five (5) days prior to the pricing date of such PID Bonds, and (2)the City approves such Actual Costs in writing. The Developer shall also make Developer Advances to pay for cost overruns(after applying cost savings). The lack of Bond Proceeds or other funds in the PID Project Fund shall not diminish the obligation of the Developer to pay Actual Costs of the Authorized Improvements. 3.3 Payment of Reimbursement Agreement Balance. Subject to the terms, conditions, and requirements of this Agreement,including Section 3.6 hereof, The City agrees to pay to the Developer, and the Developer shall be entitled to receive payments from the City, until the Maturity Date, for the lesser of: (a)amounts shown on each approved Certificate for Payment for Actual Costs of Authorized Improvements paid by or at the direction of the Developer, and (b)the reimbursement amount shown in Schedule I of the SAP plus: (1) simple interest on the unpaid principal balance at a rate equal to or less than five percent (5%) above the highest average index rate for tax-exempt bonds reported in a daily or weekly bond index shown on Schedule I of the SAP that was approved by the City Council Page 8 1156.011\801090.6 Last revised 2.2.24 of the City and reported in the month before the date the obligation is incurred (which date is the date of approval by the City of the Assessment Ordinance levying the Assessments from which the Reimbursement Agreement Balance, or a portion thereof, shall be paid) for years one through five beginning on the date each Certificate for Payment is delivered to the City Representative; and (2) simple interest on the unpaid principal balance at a rate equal to or less than two percent (2%) above the highest average index rate for tax-exempt bonds reported in a daily or weekly bond index reported in the month before the date the obligation was incurred (which date is the same as the approval by the City of the Assessment Ordinance levying the Assessments from which the Reimbursement Agreement Balance, or a portion thereof, shall be paid) for years six and later (the unpaid principal balance,together with accrued but unpaid interest, owed the Developer for all Certificates for Payment is referred to as the "Reimbursement Agreement Balance"); provided, however, upon the issuance of PID Bonds, the interest rate due and unpaid on amounts shown on each Certificate for Payment to be paid to the Developer shall be the lower of: (1)the interest rate on such series of PID Bonds issued to finance the costs of the Authorized Improvements for which the Certificate for Payment was filed, or (2)the interest rate approved by the City Council of the City in the Assessment Ordinance levying the Assessments from which the Bonds shall be paid. The interest rates set forth in Schedule I of the SAP shall be approved by the City Council in each Assessment Ordinance as authorized by the Act. The principal amount of each portion of the Reimbursement Agreement Balance to be paid under each Assessment Ordinance, and the interest rate for such portion of the Reimbursement Agreement Balance, shall be shown on Schedule I attached to the SAP and Schedule I is incorporated as a part of this Agreement for all purposes. Interest shall accrue on each Reimbursement Agreement Balance from the later of: (1) final plat approval as evidenced by recording the final plat in the real property records of the County, and (2) the levy of Assessments securing such Reimbursement Agreement Balance. As the City passes and approves additional Assessment Ordinances and/or issues PID Bonds, the City shall approve an updated Schedule I as part of the updated or amended SAP for the sole purpose of showing the principal amount of the portion of the Reimbursement Agreement to be paid under such newly-adopted Assessment Ordinance and any adjustments to the interest rate for such portion of the Reimbursement Agreement Balance if applicable. Such updated Schedule I attached to the SAP shall automatically be incorporated as part of this Agreement for all purposes as if attached hereto without any further action from the Parties. Page 9 1156.011\801090.6 Last revised 2.2.24 The Reimbursement Agreement Balance is payable solely from: (1) the PID Reimbursement Fund if no PID Bonds are issued for the purposes of paying the Authorized Improvements related to such Reimbursement Agreement Balance, or(2)from PID Bond Proceeds. No other City funds, revenues, taxes, income, or property shall be used even if the Reimbursement Agreement Balance is not paid in full by the Maturity Date. All payments made from Bond Proceeds shall be made in the manner set forth in the applicable Indenture. So long as no PID Bonds are issued and the City has received and approved a Certificate for Payment, the City shall make payments to the Developer toward the Reimbursement Agreement Balance related to each Improvement Area from Assessment Revenue collected from such Improvement Area (excluding the portion of each Assessment, or Annual Installment thereof, collected for Annual Collection Costs) and deposited in the PID Reimbursement Fund. Such payments shall be in an amount not to exceed the Assessment Revenue (excluding the portion of each Assessment, or Annual Installment thereof, collected for Annual Collection Costs) related to such Improvement Area on deposit in the PID Reimbursement Fund; and, such payments shall be made at least annually and no later than 60 days after the date payment of the Annual Installments are due and payable to the City. In the event that a Prepayment of an Assessment is made prior to the issuance of PID Bonds, the City shall remit payment to the Developer of an amount of the Reimbursement Agreement Balance then due and payable not to exceed the Assessment Revenue related to such Prepayment from the Assessment Revenue deposited into the PID Reimbursement Fund within 60 days after the Prepayment is made. Each payment from the PID Reimbursement Fund shall be accompanied by an accounting that certifies the Reimbursement Agreement Balance as of the date of the payment and that itemizes all deposits to and disbursements from the fund since the last payment. Approval of a Certificate for Payment and all payments under this Agreement are predicated on: (1) the Developer constructing and installing, or the City acquiring (if applicable), the Authorized Improvements (or portion thereof) shown on each Certificate for Payment as required under the Development Agreement; (2)the Developer providing the necessary supporting documentation in the standard form for City construction projects; and (3) the City's inspection of each Authorized Improvement(or portion thereof) covered by each Certificate for Payment; provided, however, in no event shall the City Representative be authorized to approve a Certificate for Payment if the City has not previously levied an Assessment against Assessed Property within an Improvement Area related to and benefitting from the Authorized Improvements for which such Certificate for Payment has been Page 10 1156.011\801090.6 Last revised 2.2.24 submitted. If there is a dispute over the amount of any payment, the City shall nevertheless pay the undisputed amount, and the Parties shall use all reasonable efforts to resolve the disputed amount before the next payment is made; however, if the Parties are unable to resolve the disputed amount, then the City's determination of the disputed amount(as approved by the City Council) shall control. Notwithstanding anything to the contrary in this Agreement, the City shall be under no obligation to reimburse the Developer for Actual Costs of any Authorized Improvement that is not accepted by the City. The City's obligation to reimburse the Reimbursement Agreement Balance related to the Authorized Improvements for a particular Improvement Area constructed for the benefit of the Assessed Property within such Improvement Area is: (1) contingent upon the City levying Assessments against property within such Improvement Area benefitting from the Authorized Improvements, (2) payable solely from the Assessments, including the Annual Installments of such Assessments, collected from Assessed Property within such Improvement Area, and(3)not due and owing unless and until the City actually adopts an Assessment Ordinance levying such Assessments. 3.4 PID Bonds. The City, in its sole, legislative discretion, may issue PID Bonds, in one or more series,when and if the City Council determines it is financially feasible for the purposes of: (1)paying all or a portion of the Reimbursement Agreement Balance; or (2) paying directly Actual Costs of Authorized Improvements. PID Bonds issued for such purpose will be secured by and paid solely as authorized by the applicable Indenture. Upon the issuance of PID Bonds for such purpose and for so long as PID Bonds remain outstanding, the Developer's right to receive payments each year in accordance with Section 3.3 shall be subordinate to the deposits required under the applicable Indenture related to any outstanding PID Bonds and the Developer shall be entitled to receive funds pursuant to the flow of funds provisions of such Indenture. The failure of the City to issue PID Bonds shall not constitute a "Failure" by the City or otherwise result in a "Default" by the City. Upon the issuance of the PID Bonds, the Developer has a duty to construct those Authorized Improvements as described in the SAP and the Development Agreement. The Developer shall not be relieved of its duty to construct or cause to be constructed such improvements even if there are insufficient funds in the PID Project Fund to pay the Actual Costs. This Agreement shall apply to all PID Bonds issued by the City whether in one or more series, and no additional reimbursement agreement shall be required for future series of PID Bonds. Page 11 1156.011\801090.6 Last revised 2.2.24 3.5 Disbursements and Transfers at and after Bond Closing. The City and the Developer agree that from the proceeds of the PID Bonds, and upon the presentation of evidence satisfactory to the City Representative, the City will cause the trustee under the applicable Indenture to pay at closing of the PID Bonds approved amounts from the appropriate account to the persons entitled to payment for costs of issuance and payment of costs incurred in the establishment, administration, and operation of the PID and any other costs incurred by the Developer and the City as of the time of the delivery of the PID Bonds as described in the SAP. In order to receive disbursement, the Developer shall execute a Closing Disbursement Request to be delivered to the City no less than five (5) days prior to the pricing date for the applicable series of PID Bonds for payment in accordance with the provisions of the Indenture. In order to receive additional disbursements from any applicable fund under an Indenture, the Developer shall execute a Certificate for Payment, no more frequently than monthly, to be delivered to the City for payment in accordance with the provisions of the applicable Indenture and this Agreement. Upon receipt of a Certificate for Payment (along with all accompanying documentation required by the City) from the Developer, the City shall conduct a review in order to confirm that such request is complete, to confirm that the work for which payment is requested was performed in accordance with all Applicable Laws and applicable plans therefore and with the terms of this Agreement and any other agreement between the parties related to property in the PID, and to verify and approve the Actual Costs of such work specified in such Certificate for Payment. The City shall also conduct such review as is required in its discretion to confirm the matters certified in the Certificate for Payment. The Developer agrees to cooperate with the City in conducting each such review and to provide the City with such additional information and documentation as is reasonably necessary for the City to conclude each such review. The Developer further agrees that if the City provides to the Developer a sales tax exemption certificate then sales tax will not be approved for payment under a Certification for Payment. Within fifteen(15)business days following receipt of any Certificate for Payment, the City shall either: (1) approve the Certificate for Payment and forward it to the trustee for payment, or(2)provide the Developer with written notification of disapproval of all or part of a Certificate for Payment, specifying the basis for any such disapproval. Any disputes shall be resolved as required by Section 3.3 herein. The City shall deliver the approved or partially approved Certificate for Payment to the trustee for payment, and the trustee shall make the disbursements as quickly as practicable thereafter. Page 12 1156.011\801090.6 Last revised 2.2.24 3.6 Obligations Limited. The obligations of the City under this Agreement shall not, under any circumstances, give rise to or create a charge against the general credit or taxing power of the City or a debt or other obligation of the City payable from any source other than the PID Reimbursement Fund or the PID Project Fund. The Parties further agree that the City's obligation under this Agreement to reimburse the Developer for Actual Costs of Authorized Improvements within any Improvement Area shall only be paid from: (1) net proceeds of PID Bonds, if issued, on deposit in the PID Project Fund related to such PID Bonds, and/or (2) Assessments, including Annual Installments of such Assessments, collected from such Improvement Area. The Parties further agree that the City's obligation under this Agreement to reimburse the Developer for Actual Costs of Authorized Improvements constructed for the benefit of any Improvement Area is: (1) contingent upon the City levying Assessments against property within such Improvement Area benefitting from the Authorized Improvements, (2) payable solely from the Assessments, including the Annual Installments of such Assessments, collected from Assessed Property within such Improvement Area, and (3) not due and owing unless and until the City actually adopts an Assessment Ordinance levying such Assessments. Concurrent with the levy of Assessments against any Improvement Area, the City will: (1) establish a separate account within the PID Reimbursement Fund relating solely to such Improvement Area,if no PID Bonds are issued, or (2) establish a separate PID Project Fund under an Indenture if PID Bonds are issued, out of which the City will pay its obligations related to such Improvement Area; and, until such time,this Agreement does not create any obligations of the City with respect to any Improvement Area for which Assessments have not been levied. Unless approved by the City, no other City funds, revenues, taxes, or income of any kind shall be used to pay: (1) the Actual Costs of the Authorized Improvements; (2) the Reimbursement Agreement Balance even if the Reimbursement Agreement Balance is not paid in full on or before the Maturity Date; or(3) debt service on any PID Bonds. None of the City or any of its elected or appointed officials or any of its officers, employees, consultants or representatives shall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of this Agreement or their acts or omissions under this Agreement. 3.7 Obligation to Pay. Subject to the provisions of Section 3.3 and 3.6, if the Developer is in substantial compliance with its obligations under the Development Agreement, then following the inspection and approval of any portion of Authorized Improvements for which Developer seeks reimbursement of the Actual Costs by submission of a Certificate for Payment or City approval of a Closing Disbursement Request, the obligations of the City under this Agreement to pay from Page 13 1156.011\801090.6 Last revised 2.2.24 Assessment Revenue or the net proceeds of PID Bonds, as applicable, disbursements (whether to the Developer or to any person designated by the Developer) identified in any Closing Disbursement Request or in any Certificate for Payment and to pay debt service on PID Bonds are unconditional AND NOT subject to any defenses or rights of offset except as may be provided in any Indenture. 3.8 City Delegation of Authority. All Authorized Improvements shall be constructed by or at the direction of the Developer in accordance with the plans, the Development Agreement, applicable City ordinances and regulations, and with this Agreement and any other agreement between the parties related to property in the PID. The Developer shall perform, or cause to be performed, all of its obligations and shall conduct, or cause to be conducted, all operations with respect to the construction of Authorized Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer has sole responsibility of ensuring that all Authorized Improvements are constructed in accordance with the Development Agreement and in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of all Authorized Improvements to be acquired and accepted by the City from the Developer. If any Authorized Improvements are or will be on land owned by the City, the City hereby grants to the Developer a license to enter upon such land for purposes related to construction (and maintenance pending acquisition and acceptance) of the Authorized Improvements. Inspection and acceptance of Authorized Improvements will be in accordance with applicable City ordinances and regulations. 3.9 Security for Authorized Improvements. Prior to completion and conveyance to the City of any Authorized Improvements, the Developer shall cause to be provided to the City a maintenance bond in the amount required by the City's subdivision regulations for applicable Authorized Improvements, which maintenance bond shall be for a term of two years from the date of final acceptance of the applicable Authorized Improvements. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that legal counsel for Page 14 1156.011\801090.6 Last revised 2.2.24 the City has the right to reject any surety company regardless of such company's authorization to do business in Texas. Nothing in this Agreement shall be deemed to prohibit the Developer or the City from contesting in good faith the validity or amount of any mechanics or materialman's lien and/or judgment nor limit the remedies available to the Developer or the City with respect thereto so long as such delay in performance shall not subject the Authorized Improvements to foreclosure, forfeiture, or sale. In the event that any such lien and/or judgment with respect to the Authorized Improvements is contested, the Developer shall be required to post or cause the delivery of a surety bond or letter of credit, whichever is preferred by the City, in an amount reasonably determined by the City, not to exceed 120 percent of the disputed amount. 3.10 Ownership and Transfer of Authorized Improvements. If requested in writing by the City, Developer shall furnish to the City a commitment for title insurance(a"Commitment")for land related to the Authorized Improvements to be acquired and accepted by the City from the Developer and not previously dedicated or otherwise conveyed to the City. The Commitment shall be made available for City review and must be approved at least fifteen (15)business days prior to the scheduled transfer of title. The City agrees to approve the Commitment unless it reveals a matter which, in the reasonable judgment of the City, would materially affect the City's use and enjoyment of the Authorized Improvements. If the City objects to any Commitment, the City shall not be obligated to accept title to the applicable Authorized Improvements until the Developer has cured the objections to the reasonable satisfaction of the City. 3.11 Remaining Funds After Completion of an Authorized Improvement. Within any applicable Improvement Area, upon the final completion of an Authorized Improvement within such Improvement Area and payment of all outstanding invoices for such Authorized Improvement, if the Actual Cost of such Authorized Improvement is less than the budgeted cost as shown in Exhibit to the SAP (a"Cost Underrun"), any remaining budgeted cost will be available to pay Cost Overruns on any other Authorized Improvement within such Improvement Area. A City Representative shall promptly confirm to the Administrator (as defined in the SAP) that such remaining amounts are available to pay such Cost Overruns, and the Developer,the Administrator and the City Representative will agree how to use such moneys to secure the payment and performance of the work for other Authorized Improvements. Any Cost Underrun for any Authorized Improvement is available to pay Cost Overruns on any other Authorized Improvement and may be added to the amount approved for Page 15 1156.011\801090.6 Last revised 2.2.24 payment in any Certificate for Payment, as agreed to by the Developer, the Administrator and the City Representative. 3.12 Contracts and Change Orders. The Developer shall be responsible for entering into all contracts and any supplemental agreements(herein referred to as"Change Orders")required for the construction of an Authorized Improvement. The Developer or its contractors may approve and implement any Change Orders even if such Change Order would increase the Actual Cost of an Authorized Improvement, but the Developer shall be solely responsible for payment of any Cost Overruns resulting from such Change Orders except to the extent amounts are available pursuant to Section 3.12 hereof. If any Change Order is for work that requires changes to be made by an engineer to the construction and design documents and plans previously approved under the Development Agreement, then such revisions made by an engineer must be submitted to the City for approval by the City's engineer prior to execution of the Change Order. SECTION 4. ADDITIONAL PROVISIONS 4.1 Term. The term of this Agreement shall begin on the Effective Date and shall continue until the earlier to occur of the Maturity Date or the date on which the Reimbursement Agreement Balance is paid in full. 4.2 No Competitive Bidding. Construction of the Authorized Improvements shall not require competitive bidding pursuant to Section 252.022(a) (9) of the Texas Local Government Code, as amended. All plans and specifications, but not construction contracts, shall be reviewed and approved, in writing, by the City prior to Developer selecting the contractor. The City, at its election made prior to the Developer entering into a construction contract, shall have the right to examine and approve the contractor selected by the Developer prior to executing a construction contract with the contractor, which approval shall not be unreasonably delayed or withheld. 4.3 Independent Contractor. In performing this Agreement, the Developer is an independent contractor and not the agent or employee of the City. 4.4 Audit. The City Representative shall have the right, during normal business hours and upon five (5)business days' prior written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer with respect to any of the Authorized Improvements. For a period of two years after completion of the Authorized Improvements, the Developer shall maintain proper books of record and account for the Page 16 1156.011\801090.6 Last revised 2.2.24 construction of the Authorized Improvements and all costs related thereto. Such accounting books shall be maintained in accordance with customary real estate accounting principles. The Developer shall have the right, during normal business hours, to review all records and accounts pertaining to the Assessments upon written request to the City. The City shall provide the Developer an opportunity to inspect such books and records relating to the Assessments during the City's regular business hours and on a mutually agreeable date no later than ten (10)business days after the City receives such written request. The City shall keep and maintain a proper and complete system of records and accounts pertaining to the Assessments for so long as PID Bonds remain outstanding or Reimbursement Agreement Balance remains unpaid. 4.5 Developer's Right to Protest Ad Valorem Taxes. Nothing in this Agreement shall be construed to limit or restrict Developer's right to protest ad valorem taxes. The Developer's decision to protest ad valorem taxes on Assessed Property does not constitute a Default under this Agreement. 4.6 PID Administration and Collection of Assessments. The Administrator shall have the responsibilities provided in the SAP related to the duties and responsibilities of the administration of the PID, and the City shall provide the Developer with a copy of the agreement between the City and the Administrator. If the City contracts with a third-party for the collection of Annual Installments of the Assessments, the City shall provide the Developer with a copy of such agreement. For so long as PID Bonds remain outstanding or the Reimbursement Agreement Balance remains unpaid, the City shall notify the Developer of any change of administrator or third-party collection of the Assessments. 4.7 Representations and Warranties. 4.7.1 The Developer represents and warrants to the City that: (1) the Developer has the authority to enter into and perform its obligations under this Agreement; (2)the Developer has the financial resources, or the ability to collect sufficient financial resources, to meet its obligations under this Agreement; (3) the person executing this Agreement on behalf of the Developer has been duly authorized to do so; (4)this Agreement is binding upon the Developer in accordance with its terms; and (5) the execution of this Agreement and the performance by the Developer of its obligations under this Agreement do not constitute a breach or event of default by the Developer under any other agreement, instrument, or order to which the Developer is a party or by which the Developer is bound. Page 17 1156.011\801090.6 Last revised 2.2.24 4.7.2 The City represents and warrants to the Developer that: (1) the City has the authority to enter into and perform its obligations under this Agreement; (2) the person executing this Agreement on behalf of the City has been duly authorized to do so; (3) this Agreement is binding upon the City in accordance with its terms; and (4)the execution of this Agreement and the performance by the City of its obligations under this Agreement do not constitute a breach or event of default by the City under any other agreement, instrument, or order to which the City is a party or by which the City is bound. 4.8 Default/Remedies. 4.8.1 If either Party fails to perform an obligation imposed on such Party by this Agreement (a "Failure") and such Failure is not cured after notice and the expiration of the cure periods provided in this section,then such Failure shall constitute a 'Default." If a Failure is monetary, the non-performing Party shall have ten (10) days within which to cure. If the Failure is non-monetary, the non-performing Party shall have thirty (30) days within which to cure. 4.8.2 If the Developer is in Default, the City shall have available all remedies at law or in equity; provided no default by the Developer shall entitle the City to terminate this Agreement or to withhold payments to the Developer from the PID Reimbursement Fund or the PID Project Fund in accordance with this Agreement and the Indenture. 4.8.3 If the City is in Default, the Developer shall have available all remedies at law or in equity; provided, however, no Default by the City shall entitle the Developer to terminate this Agreement. 4.8.4 The City shall give notice of any alleged Failure by the Developer to each Transferee identified in any notice from the Developer, and such Transferees shall have the right, but not the obligation, to cure the alleged Failure within the same cure periods that are provided to the Developer. The election by a Transferee to cure a Failure by the Developer shall constitute a cure by the Developer but shall not obligate the Transferee to be bound by this Agreement unless the Transferee agrees in writing to be bound. 4.9 Remedies Outside the Agreement. Nothing in this Agreement constitutes a waiver by the City of any remedy the City may have outside this Agreement against the Developer, any Transferee, or Page 18 1156.011\801090.6 Last revised 2.2.24 any other person or entity involved in the design, construction, or installation of the Authorized Improvements. The obligations of the Developer hereunder shall be those of a party hereto and not as an owner of property in the PID. Nothing herein shall be construed as affecting the City's or the Developer's rights or duties to perform their respective obligations under other agreements, use regulations, or subdivision requirements relating to the development property in the PID. 4.10 Estoppel Certificate. From time to time upon written request of the Developer, the City Manager will execute a written estoppel certificate, in form and substance satisfactory to both Parties that: (1) identifies any obligations of the Developer under this Agreement that are in default or, with the giving of notice or passage of time, would be in default; or(2) states, to the extent true, that to the best knowledge and belief of the City, the Developer is in compliance with its duties and obligations under this Agreement. 4.11 Transfers. The Developer has the right to convey, transfer, assign, mortgage, pledge, or otherwise encumber, in whole or in part without the consent of (but with notice to) the City, the Developer's right,title, or interest to payments under this Agreement(but not performance obligations) including, but not limited to, any right, title, or interest of the Developer in and to payments of the Reimbursement Agreement Balance, whether such payments are from the PID Reimbursement Fund in accordance with Section 3.3 or from Bond Proceeds (any of the foregoing, a "Transfer," and the person or entity to whom the transfer is made, a "Transferee"); provided, however, that no such conveyance,transfer, assignment, mortgage,pledge or other encumbrance shall be made without prior written consent of the City if such conveyance, transfer, assignment, mortgage, pledge or other encumbrance would result in: (1)the issuance of municipal securities, and/or(2)the City being viewed as an "obligated person" within the meaning of Rule 15c2-12 of the United States Securities and Exchange Commission, and/or (3) the City being subject to additional reporting or recordkeeping duties. Notwithstanding the foregoing, no Transfer shall be effective until notice of the Transfer is given to the City. The City may rely on notice of a Transfer received from the Developer without obligation to investigate or confirm the validity of the Transfer. The Developer waives all rights or claims against the City for any funds paid to a third party as a result of a Transfer for which the City received notice. 4.12 Applicable Law; Venue. This Agreement is being executed and delivered and is intended to be performed in the State of Texas. Except to the extent that the laws of the United States may apply, the Page 19 1156.011\801090.6 Last revised 2.2.24 substantive laws of the State of Texas shall govern the interpretation and enforcement of this Agreement. In the event of a dispute involving this Agreement, venue shall lie in any court of competent jurisdiction in Nueces County, Texas. 4.13 Notice. Any notice referenced in this Agreement must be in writing and shall be deemed given at the addresses shown below: (1)when delivered by a nationally recognized delivery service such as FedEx or UPS with evidence of delivery signed by any person at the delivery address regardless of whether such person is the named addressee; or (2) 72 hours after deposited with the United States Postal Service, Certified Mail, Return Receipt Requested. To the City: Attn: City Manager's Office City of Corpus Christi P.O. Gox 9277 Corpus Christi, Texas 78469-9277 E-mail: E1syB@cctexas.com With a copy to: Attn: City Attorney's Office City of Corpus Christi P.O. Gox 9277 Corpus Christi, Texas 78469-9277 E-mail: MilesR@cctexas.com To the Developer: Attn: Steve Yetts Ashlar Interests, LLC 400 Las Colinas Blvd. E., Suite 1075 Irving, Texas 75039 E-mail: syetts@ashlardev.com With a copy to: Attn: Misty Ventura Shupe Ventura, PLLC 9406 Biscayne Blvd. Dallas, Texas 75218 E-mail:misty.ventura@svlandlaw.com TEL: (214) 328-1101 FAX: (800) 519-3768 Any Party may change its address by delivering notice of the change in accordance with this section. 4.14 Conflicts; Amendment. In the event of any conflict between this Agreement and any other instrument, document, or agreement by which either Party is bound, the provisions and intent of the applicable Indenture controls. This Agreement may only be amended by written agreement of the Parties. Page 20 1156.011\801090.6 Last revised 2.2.24 4.15 Severability. If any provision of this Agreement is held invalid by any court, such holding shall not affect the validity of the remaining provisions. 4.16 Non-Waiver. The failure by a Party to insist upon the strict performance of any provision of this Agreement by the other Party, or the failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by such other Party with the provisions of this Agreement. 4.17 Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be construed to confer upon any person or entity other than the City, the Developer, and Transferees any rights under or by reason of this Agreement. All provisions of this Agreement shall be for the sole and exclusive benefit of the City, the Developer, and Transferees. 4.18 Counterparts. This Agreement may be executed in multiple counterparts, which, when taken together, shall be deemed one original. 4.19 Employment of Undocumented Workers. During the term of this Agreement, the Developer agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a(f), the Developer shall repay the incentives granted herein within 120 days after the date the Developer is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. Pursuant to Section 2264.101(c), Texas Government Code, a business is not liable for a violation of Chapter 2264 by a subsidiary, affiliate, or franchisee of the business, or by a person with whom the business contracts. 4.20 No Boycott of Israel. The Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Agreement. As used in the foregoing verification, 'boycott Israel,' has the meaning in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas Government Code, and means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 4.21 Iran, Sudan, and Foreign Terrorist Organizations. The Developer represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company Page 21 1156.011\801090.6 Last revised 2.2.24 identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, as amended. The foregoing representation excludes the Developer and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. 4.22 No Discrimination Against Fossil Fuel Companies. The Developer hereby verifies that it and its parent company, wholly-or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. As used in the foregoing verification, "boycott energy companies" has the meaning in Section 2274.001(1), Texas Government Code (as enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code (also as enacted by such Senate Bill), and means, without an ordinary business purpose,refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or(B) does business with a company described by (A) above. 4.23 No Discrimination Against Firearm Entities and Firearm Trade Associations. The Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. As used in the foregoing verification and the following definitions: (a) 'discriminate against a firearm entity or firearm trade association,' has the meaning in Section 2274.001(3), Texas Government Code (as enacted by such Senate Bill), and means: (A) with respect to the firearm entity or firearm trade association, to (i) refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, (ii) refrain from continuing an existing business relationship with the firearm entity or firearm trade association Page 22 1156.011\801090.6 Last revised 2.2.24 based solely on its status as a firearm entity or firearm trade association, or (iii) terminate an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, and (B) does not include: (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa)to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (b) 'firearm entity,' has the meaning in Section 2274.001(6), Texas Government Code (as enacted by such Senate Bill), and means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4), Texas Government Code, as enacted by such Senate Bill, as weapons that expel projectiles by the action of explosive or expanding gases), firearm accessories (defined in Section 2274.001(5), Texas Government Code, as enacted by such Senate Bill, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1), Texas Government Code, as enacted by such Senate Bill, as a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile) or a sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet,trap,black powder,target, self-defense, or similar recreational shooting); and (c) 'firearm trade association,' has the meaning in Section 2274.001(7), Texas Government Code (as enacted by such Senate Bill), and means any person, corporation, unincorporated association, federation, business league, or business organization that(i)is not organized or operated for profit(and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and Page 23 1156.011\801090.6 Last revised 2.2.24 (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code." 4.24 Affiliate. As used in Sections 4.19 through 4.24, the Developer understands 'affiliate' to mean an entity that controls, is controlled by, or is under common control with the Developer within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. 4.25 Texas Attorney General Standing Letter. The Developer represents that it has, as of the Effective Date, on file with the Texas Attorney General a standing letter addressing the representations and verifications hereinbefore described in the form attached as Exhibit B to the Updated Recommendations for Compliance with the Texas BPA Verification and Representation Requirements (December 1, 2023) of the Municipal Advisory Council of Texas or any other form accepted by the Texas Attorney General (a "Standing Letter"). In addition, if the Developer or the parent company, a wholly- or majority-owned subsidiary or another affiliate of the Developer receives or has received a letter from the Texas Comptroller of Public Accounts or the Texas Attorney General seeking written verification that the Developer is a member of the Net Zero Banking Alliance, Net Zero Insurance Alliance, Net Zero Asset Owner Alliance, or Net Zero Asset Managers or of the representations and certifications contained in the Developer's Standing Letter (a "Request Letter"), the Developer shall promptly notify the City (if it has not already done so)and provide to the City, two business days prior to the Effective Date and additionally upon request by the City, written verification to the effect that its Standing Letter described in the preceding sentence remains in effect and may be relied upon by the City and the Texas Attorney General (the"Bringdown Verification"). The Bringdown Verification shall also confirm that the Developer(or the parent company, a wholly- or majority-owned subsidiary or other affiliate of the Developer that received the Request Letter) intends to timely respond or has timely responded to the Request Letter. The Bringdown Verification may be in the form of an e-mail. 4.26 Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application system not later than the 30th day after the receipt of such form. The Parties understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its Page 24 1156.011\801090.6 Last revised 2.2.24 consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor its consultants have verified. 4.27 Changes in Law. The Parties acknowledge and expressly agree that, during the Term, either Party may take advantage of changes in the law notwithstanding anything to the contrary in this Agreement. 4.28 Public Information. Notwithstanding any other provision to the contrary in this Agreement, all information, documents, and communications relating to this Agreement may be subject to the Texas Public Information Act and any opinion of the Texas Attorney General or a court of competent jurisdiction relating to the Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Developer agrees that this Agreement may be terminated if the Developer knowingly or intentionally fails to comply with a requirement of that subchapter, if applicable, and the Developer fails to cure the violation on or before the tenth business day after the date the City provides notice to Developer of noncompliance with Subchapter J, Chapter 552. Pursuant to Section 552.372, Texas Government Code, Developer is required to preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to the City for the duration of this Agreement; promptly provide to the City any contracting information related to this Agreement that is in the custody or possession of the Developer on request of the City; and on completion of the Agreement, either provide at no cost to the City all contracting information related to the contract that is in the custody or possession of the entity or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the City. [Execution pages follow.] Page 25 1156.011\801090.6 Last revised 2.2.24 CITY: CITY OF CORPUS CHRISTI, TEXAS By: Paulette Guaj ardo, Mayor ATTEST: By: Rebecca Huerta, City Secretary APPROVED AS TO FORM AND LEGALITY: By: [Assistant] City Attorney [for City Attorney] CITY SIGNATURE PAGE TO REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT 1156.011\801090.6 Last revised 2.2.24 DEVELOPER: ASHLAR INTERESTS, LLC a Texas limited liability company By: Title: DEVELOPER SIGNATURE PAGE TO REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 1156.011\801090.6 Last revised 2.2.24 EXHIBIT A CERTIFICATE FOR PAYMENT FORM The undersigned is an agent for Ashlar Interests, LLC (the 'Developer") and requests payment from the applicable account of the [PID Reimbursement Fund] [PID Project Fund] from the City of Corpus Christi, Texas(the "City")in the amount of for labor, materials,fees, and/or other general costs related to the creation, acquisition, or construction of certain Authorized Improvements providing a special benefit to property within the Whitecap Public Improvement District No. 1. Unless otherwise defined, any capitalized terms used herein shall have the meanings ascribed to them in the PID Reimbursement Agreement between the City and the Developer, effective as of , 20 (the "Reimbursement Agreement"). In connection with the above referenced payment, the Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of the Developer, is qualified to execute this Certificate for Payment Form on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. The payment requested for the below referenced Authorized Improvements has not been the subject of any prior payment request submitted for the same work to the City or, if previously requested, no disbursement was made with respect thereto. 3. The amount listed for the Authorized Improvements below is a true and accurate representation of the Actual Costs associated with the creation, acquisition, or construction of said Authorized Improvements, and such costs (i) are in compliance with the Reimbursement Agreement, and (ii) are consistent with the Service and Assessment Plan. 4. The Developer is in compliance with the terms and provisions of the Reimbursement Agreement, the Indenture, the Service and Assessment Plan and the Development Agreement. 5. The Developer has timely paid all ad valorem taxes and annual installments of special assessments it owes or an entity the Developer controls owes, located in the Whitecap Public Improvement District and has no outstanding delinquencies for such assessments. 6. All conditions set forth in the Indenture (as defined in the Reimbursement Agreement)for the payment hereby requested have been satisfied. 7. The work with respect to the Authorized Improvements referenced below(or its completed segment) has been completed, and the City has inspected such Authorized Improvements (or its completed segment). EXHIBIT A-PAGE 1 1156.011\801090.6 Last revised 2.2.24 8. The Developer agrees to cooperate with the City in conducting its review of the requested payment and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review. 9. No more than ninety-five percent(95%)of the budgeted or contracted hard costs for major improvements or any phase of Authorized Improvements identified may be paid until the work with respect to such Authorized Improvements (or segment) has been completed and the City has accepted such Authorized Improvements (or segment). One hundred percent(100%) of soft costs (e.g., engineering costs, inspection fees and the like) may be paid prior to City acceptance of such Authorized Improvements (or segment). Payments requested are as follows: a. X amount to Person or Account Y for Z goods or services. b. Etc. [If the Authorized Improvements are to be paid in part from one series of PID Bonds and in part from another, insert the following: As required by Section of the Indenture, the costs for the Authorized Improvements that constitutes the pro-rata share of such Authorized Improvements allocable to the designated Bonds shall be paid as follows: Authorized Amount to be paid Amount to be paid Total Cost from from of Authorized Improvements: Fund Fund Improvements Attached hereto are receipts, purchase orders, change orders, and similar instruments which support and validate the above requested payments. Also attached hereto are "bills paid" affidavits and supporting documentation in the standard form for City construction projects. Pursuant to the Reimbursement Agreement, after receiving this payment request, the City has inspected the Authorized Improvements (or completed segment) and confirmed that said work has been completed in accordance with approved plans and all applicable governmental laws, rules, and regulations. EXHIBIT A-PAGE 2 1156.011\801090.6 Last revised 2.2.24 I hereby declare that the above representations and warranties are true and correct. ASHLAR INTERESTS, LLC a Texas limited liability company By: Title: EXHIBIT A-PAGE 3 1156.011\801090.6 Last revised 2.2.24 APPROVAL OF REQUEST BY CITY The City is in receipt of the attached Certificate for Payment, acknowledges the Certificate for Payment, acknowledges that the Authorized Improvements (or its completed segment) covered by the certificate have been inspected by the City, and otherwise finds the Certificate for Payment to be in order. After reviewing the Certificate for Payment, the City approves the Certificate for Payment and shall [include said payments in the City Certificate submitted to the Trustee directing payments to be made from the appropriate account of the PID Project Fund] [direct payment from the PID Reimbursement Fund] to the Developer or to any person designated by the Developer. CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: EXHIBIT A-PAGE 4 1156.011\801090.6 Last revised 2.2.24 Exhibit B FORM OF CLOSING DISBURSEMENT REQUEST The undersigned is an agent for (the 'Developer") and requests payment to the Developer (or to the person designated by the Developer) from the Cost of Issuance Account of the Project Fund from (the "Trustee") in the amount of ($ ) to be transferred from the Cost of Issuance Account of the PID Project Fund upon the delivery of the PID Bonds for costs incurred in the establishment, administration, and operation of the Whitecap Public Improvement District No. 1 (the 'District"), as follows. Unless otherwise defined, any capitalized terms used herein shall have the meanings ascribed to them in the Indenture of Trust by and between the City and the Trustee dated as of 20 (the "Indenture") relating to the [INSERT NAME OF BONDS] (the "PID Bonds"). In connection with the above referenced payment, the Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of the Developer, is qualified to execute this Closing Disbursement Request on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. The payment requested for the below referenced establishment, administration, and operation of the District at the time of the delivery of the PID Bonds have not been the subject of any prior payment request submitted to the City. 3. The amount listed for the below costs is a true and accurate representation of the Actual Costs associated with the establishment, administration and operation of the District at the time of the delivery of the PID Bonds, and such costs are in compliance with the Service and Assessment Plan. 4. The Developer is in compliance with the terms and provisions of the Reimbursement Agreement, the Indenture, the Service and Assessment Plan, and the Development Agreement. 5. All conditions set forth in the Indenture and the Reimbursement Agreement for the payment hereby requested have been satisfied. 6. The Developer agrees to cooperate with the City in conducting its review of the requested payment and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review. Payments requested hereunder shall be made as directed below: [Information regarding Payee, amount, and deposit instructions attached] I hereby declare that the above representations and warranties are true and correct. EXHIBIT B-PAGE 1 1156.011\801090.6 Last revised 2.2.24 ASHLAR INTERESTS, LLC a Texas limited liability company By: Title: EXHIBIT B-PAGE 2 1156.011\801090.6 Last revised 2.2.24 APPROVAL OF REQUEST BY CITY The City is in receipt of the attached Closing Disbursement Request, acknowledges the Closing Disbursement Request, and finds the Closing Disbursement Request to be in order. After reviewing the Closing Disbursement Request, the City approves the Closing Disbursement Request and shall include said payments in the City Certificate submitted to the Trustee directing payments to be made from Costs of Issuance Account upon delivery of the PID Bonds. CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: EXHIBIT B-PAGE 3 1156.011\801090.6 WhitecapImprovementPublic District No . 1 FINAL SERVICE AND ASSESSMENT PLAN 2/20/2024 pwie " NORTHAUSI IN,TX I TABLE OF CONTENTS Tableof Contents........................................................................................................................1 Introduction................................................................................................................................3 SectionI: Definitions ...................................................................................................................4 Section11: The District ...............................................................................................................11 Section III: Authorized Improvements .......................................................................................11 SectionIV: Service Plan .............................................................................................................13 Section V: Assessment Plan.......................................................................................................14 Section VI: Terms of the Assessments .......................................................................................17 Section VII: Assessment Roll......................................................................................................23 Section VIII: Additional Provisions .............................................................................................23 Scheduleand Exhibits................................................................................................................26 ScheduleI .................................................................................................................................27 Appendices ...............................................................................................................................28 Exhibit A-1— Map of the District................................................................................................29 Exhibit A-2— Plats of Improvement Area #1 ..............................................................................30 Exhibit A-3— Map of the Preserve .............................................................................................40 Exhibit A-4— Map of Remainder Area........................................................................................41 Exhibit A-5— Lot Type Classification Map ..................................................................................42 ExhibitB— Project Costs............................................................................................................43 ExhibitC—Service Plan .............................................................................................................44 Exhibit D—Sources and Uses of Funds ......................................................................................45 Exhibit E— Maximum Assessment and Tax Rate Equivalent.......................................................46 Exhibit F-1— Improvement Area #1 Assessment Roll.................................................................47 Exhibit F-2— Improvement Area #1 Annual Installments ...........................................................53 Exhibit G-1— Maps of Initial Common to All Improvements ......................................................54 Exhibit G-2— Maps of Improvement Area #1 Improvements.....................................................55 Exhibit H — Form of Notice of Assessment Termination .............................................................59 Exhibit I —Annual Installment Schedule for the Improvement Area #1 Reimbursement Obligation .................................................................................................................................62 Exhibit J-1— District Legal Description .......................................................................................63 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 1 FINAL SERVICE AND ASSESSMENT PLAN Exhibit J-2—Improvement Area #1 Legal Description.................................................................77 Exhibit J-3—The Preserve Legal Description..............................................................................80 Appendix A— Engineer's Report ................................................................................................82 Appendix B— Buyer Disclosures.................................................................................................83 Whitecap Public Improvement District No. 1 - Improvement Area #1 Initial Parcel Buyer Disclosure .................................................................................................................................84 Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 1 Buyer Disclosure .................................................................................................................................................90 Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 2 Buyer Disclosure .................................................................................................................................................96 Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 3 Buyer Disclosure ...............................................................................................................................................102 Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 4 Buyer Disclosure ...............................................................................................................................................108 Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 5 Buyer Disclosure ...............................................................................................................................................114 Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 6 Buyer Disclosure ...............................................................................................................................................120 Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 7 Buyer Disclosure ...............................................................................................................................................126 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 2 FINAL SERVICE AND ASSESSMENT PLAN INTRODUCTION Capitalized terms used in this Service and Assessment Plan shall have the meanings given to them in Section I unless otherwise defined in this Service and Assessment Plan or unless the context in which a term is used clearly requires a different meaning. Unless otherwise defined, a reference to a "Section," an "Exhibit," or an "Appendix" shall be a reference to a Section of this Service and Assessment Plan or an Exhibit or Appendix attached to and made a part of this Service and Assessment Plan for all purposes. The City Council passed and approved Resolution No. 032761 authorizing the establishment of the District on May 17, 2022 in accordance with the PID Act, and recorded such Resolution in the real property records of Nueces County, Texas, as Instrument No. 2022024701 on May 20 2022, and such authorization was effective upon approval of the Resolution in accordance with the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 242.011 acres located within the corporate limits of the City, as described by the legal description on Exhibit J-1 and depicted on Exhibit A-1. The PID Act requires a service plan must (i) cover a period of at least five years; (ii) define the annual indebtedness and projected cost of the Authorized Improvements; and (iii) include a copy of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan is contained in Section IV and the notice form is attached as Appendix B. The PID Act requires that the Service Plan include an Assessment Plan that assesses the Actual Costs of the Authorized Improvements against the Assessed Property within the District based on the special benefits conferred on such property by the Authorized Improvements. The Assessment Plan is contained in Section V. The PID Act requires an Assessment Roll that states the Assessment against each Parcel determined by the method chosen by the City Council. The Assessment against each Parcel of Assessed Property must be sufficient to pay the share of the Actual Costs of the Authorized Improvements apportioned to such Parcel and cannot exceed the special benefit conferred on the Parcel by such Authorized Improvements. The Improvement Area #1 Assessment Roll is included as Exhibit F-1. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 3 FINAL SERVICE AND ASSESSMENT PLAN SECTION I: DEFINITIONS "Actual Costs" mean, with respect to Authorized Improvements,the actual costs paid or incurred by or on behalf of the Developer, (either directly or through affiliates), including: (1)the costs for the design, planning, financing, administration/management, acquisition, installation, construction and/or implementation of such Authorized Improvements; (2) the fees paid for obtaining permits, licenses, or other governmental approvals for such Authorized Improvements; (3)the costs for external professional services, such as engineering, geotechnical, surveying, land planning, architectural landscapers, appraisals, legal, accounting, and similar professional services; (4)the costs for all labor, bonds, and materials, including equipment and fixtures, owing to contractors, builders, and materialmen engaged in connection with the acquisition, construction, or implementation of the Authorized Improvements; (5) all related permitting and public approval expenses, and architectural, engineering, consulting, and other governmental fees and charges; and (6) costs to implement, administer, and manage the above-described activities including, but not limited to, a construction management fee equal to four percent (4%) of construction costs if managed by or on behalf of the Developer. "Additional Interest" means the amount collected by the application of the Additional Interest Rate. "Additional Interest Rate" means the 0.50% additional interest rate that may be charged on Assessments securing PID Bonds pursuant to Section 372.018 of the PID Act. The Additional Interest Rate is not charged on Assessments securing any reimbursement obligation for which no PID Bonds are issued. "Administrator" means the City or independent firm designated by the City who shall have the responsibilities provided in this Service and Assessment Plan, any Indenture, or any other agreement or document approved by the City related to the duties and responsibilities of the administration of the District. The initial Administrator is P3Works, LLC. "Annual Collection Costs" mean the actual or budgeted costs and expenses related to the operation of the District, including, but not limited to, costs and expenses for: (1) the Administrator; (2) City staff; (3) legal counsel, engineers, accountants, financial advisors, and other consultants engaged by the City; (4) calculating, collecting, and maintaining records with respect to Assessments and Annual Installments, including the costs of foreclosure; (5) preparing and maintaining records with respect to Assessment Rolls and Annual Service Plan Updates; (6) paying and redeeming PID Bonds; (7) investing or depositing Assessments and Annual Installments; (8) complying with this Service and Assessment Plan, the PID Act, and any Indenture,with respect to the PID Bonds, including the City's continuing disclosure requirements; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 4 FINAL SERVICE AND ASSESSMENT PLAN and (9) the paying agent/registrar and Trustee in connection with PID Bonds, including their respective legal counsel. Annual Collection Costs collected but not expended in any year shall be carried forward and applied to reduce Annual Collection Costs for subsequent years. "Annual Installment" means the annual installment payment of an Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3) Annual Collection Costs; and (4) Additional Interest related to the PID Bonds, if applicable. "Annual Service Plan Update" means an update to this Service and Assessment Plan prepared no less frequently than annually by the Administrator and approved by the City Council. "Assessed Property" means any Parcel within the District against which an Assessment is levied. "Assessment" means an assessment levied against Assessed Property and imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on an Assessment Roll, subject to reallocation upon the subdivision of such Assessed Property or reduction according to the provisions herein and in the PID Act. "Assessment Ordinance" means one or more ordinances adopted by the City Council in accordance with the PID Act that levies an Assessment on the Assessed Property, as shown on any Assessment Roll. "Assessment Plan" means the methodology employed to assess the Actual Costs of the Authorized Improvements against the Assessed Property based on the special benefits conferred on such property by the Authorized Improvements, more specifically set forth and described in Section V. "Assessment Roll" means any assessment roll for the Assessed Property, including the Improvement Area #1 Assessment Roll, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including updates prepared in connection with the issuance of PID Bonds or in any Annual Service Plan Updates. "Authorized Improvements" means the improvements authorized by Section 372.003 of the PID Act, including the Common to All Improvements, the Improvement Area #1 Improvements, Bond Issuance Costs, and deposit to administrative fund, and described in Sections III.A, Section 111.6, Section III.C, and Section III.D as further depicted on Exhibits G-1 and G-2. "Bond Issuance Costs" means the costs associated with issuing PID Bonds, including, but not limited to, attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, capitalized interest, reserve fund requirements, underwriter's discount, fees charged by the Texas Attorney General, and any other cost or expense incurred by the City directly associated with the issuance of any series of PID Bonds. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 5 FINAL SERVICE AND ASSESSMENT PLAN "City" means the City of Corpus Christi, Texas. "City Council" means the governing body of the City. "Common to All Improvements" means those certain Authorized Improvements that confer a special benefit to all of the property within the District, excluding Non-Benefited Property. The Common to All Improvements includes the Initial Common to All Improvements as well as future improvements that are to be determined and identified in future updates to this Service and Assessment Plan. "County" means Nueces County, Texas. "Delinquent Collection Costs" mean costs directly or indirectly related to the foreclosure on Assessed Property and the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other delinquent amounts due under this Service and Assessment Plan, including penalties and reasonable attorney's fees actually paid, but excluding amounts representing interest and penalty interest. "Developer" means Ashlar Interests, LLC and any successors or assigns thereof, engaged by the Owner to develop the property in the District for the ultimate purpose of transferring title to end users. "Development Agreement" means the Development Agreement— Whitecap North Padre Island by and between the Developer and the City related to the development of property within the PID, as the same may be amended from time to time. "District" means the Whitecap Public Improvement District No. 1 containing approximately 242.011 acres located within the corporate limits of the City, and more specifically described in Exhibit J-1 and depicted on Exhibit A-1. "District Formation Costs" means the costs associated with forming the District, including, but not limited to, attorney fees, and any other cost or expense incurred by the Owner, Developer, or the City that are directly associated with the establishment of the District. "Engineer's Report" means the report provided by a licensed professional engineer that describes the Authorized Improvements, including their costs, location, and benefit, and is attached hereto as Appendix A. "Estimated Buildout Value" means the estimated value of an Assessed Property with fully constructed buildings, as provided by the Developer and confirmed by the City Council, by considering such factors as density, lot size, proximity to amenities, view premiums, location, market conditions, historical sales, builder contracts, discussions with homebuilders, reports WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 6 FINAL SERVICE AND ASSESSMENT PLAN from third party consultants, or any other factors that, in the judgment of the City, may impact value. The Estimated Buildout Value for each Lot Type is shown on Exhibit E. "Improvement Area #1" means approximately 55.9022 acres located within the District, more specifically described in Exhibit J-2 and depicted on Exhibit A-2. "Improvement Area #1 Annual Installment" means the Annual Installment of the Improvement Area #1 Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3) Annual Collection Costs related to Improvement Area #1; and (4) Additional Interest related to any series of PID Bonds secured by all or a portion of the Improvement Area #1 Assessment, if applicable. "Improvement Area #1 Assessed Property" means any Parcel within Improvement Area #1 against which an Improvement Area #1 Assessment is levied. "Improvement Area#1 Assessment" means an Assessment levied against Improvement Area #1 Assessed Property, related to the Improvement Area #1 Authorized Improvements, and imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on the Improvement Area #1 Assessment Roll, subject to reallocation or reduction in accordance with the provisions set forth in Section VI herein and in the PID Act. "Improvement Area #1 Assessment Roll" means the Assessment Roll for the Improvement Area #1 Assessed Property, as updated, modified, or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including any updates prepared in connection with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #1 Assessment Roll is included in this Service and Assessment Plan as Exhibit F-1. "Improvement Area #1 Authorized Improvements" means collectively, (1) the Improvement Area #1 Improvements; (2) Improvement Area #1's share of the Initial Common to All Improvements; (3) the first year's Annual Collection Costs related Improvement Area #1; and (4) Bond Issuance Costs incurred in connection with the issuance of any series of PID Bonds secured by all or a portion of the Improvement Area #1 Assessment, if applicable. "Improvement Area#1 Improvements" means the Authorized Improvements which only benefit the Improvement Area #1 Assessed Property, as further described in Section III.A and depicted on Exhibit G-2. "Improvement Area #1 Initial Parcel" means all of the Improvement Area #1 Assessed Property against which the entire Improvement Area #1 Assessment is levied, as shown on the Improvement Area #1 Assessment Roll. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN "Improvement Area #1 Reimbursement Obligation" means the amount shown on Schedule secured by Improvement Area #1 Assessments to be paid to the Developer under the Reimbursement Agreement. The Annual Installments for the Improvement Area #1 Reimbursement Obligation are shown on Exhibit I. If the City issues one or more series of PID Bonds secured by Improvement Area #1 Assessments, then the net proceeds of such PID Bonds shall be used to refinance all or a portion of the outstanding Improvement Area #1 Reimbursement Obligation. "Indenture" means an indenture of trust entered into between the City and the Trustee in connection with the issuance of each series of PID Bonds, as amended from time to time, setting forth the terms and conditions related to a series of PID Bonds. "Initial Common to All Improvements" means the Common to All Improvements installed with Improvement Area #1, as further described in Section III.B. and depicted on Exhibit G-1. "Lot" means (1)for any portion of the District for which a final subdivision plat has been recorded in the plat or official public records of the County, a tract of land described by "lot" in such subdivision plat; and (2) for any portion of the District for which a subdivision plat has not been recorded in the plat or official public records of the County, a tract of land anticipated to be described as a "lot" in a final recorded subdivision plat as shown on a concept plan or a preliminary plat. A "Lot" shall not include real property owned by a government entity, even if such property is designated as a separate described tract or lot on a recorded subdivision plat. "Lot Type" means a classification of final building Lots with similar characteristics (e.g. lot size, home product, Estimated Buildout Value, etc.), as determined by the Administrator and confirmed by the City Council. In the case of single-family residential Lots, the Lot Type shall be further defined by classifying the residential Lots by the Estimated Buildout Value of the Lot as provided by the Developer, and confirmed by the City Council, as shown on Exhibit H. "Lot Type 1" means a Lot within Improvement Area #1 marketed to homebuilders as a Villa Lot. The buyer disclosure for Lot Type 1 is attached as Appendix B-2. "Lot Type 2" means a Lot within Improvement Area#1 marketed to homebuilders as a Villa + Lot. The buyer disclosure for Lot Type 2 is attached as Appendix B-3. "Lot Type 3" means a Lot within Improvement Area #1 marketed to homebuilders as a Standard Lot. The buyer disclosure for Lot Type 3 is attached as Appendix B-4. "Lot Type 4" means a Lot within Improvement Area #1 marketed to homebuilders as a Standard + Lot. The buyer disclosure for Lot Type 4 is attached as Appendix B-5. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 8 FINAL SERVICE AND ASSESSMENT PLAN "Lot Type 5" means a Lot within Improvement Area #1 marketed to homebuilders as a Medium Lot. The buyer disclosure for Lot Type 5 is attached as Appendix B-6. "Lot Type 6" means a Lot within Improvement Area #1 marketed to homebuilders as a Medium + Lot. The buyer disclosure for Lot Type 6 is attached as Appendix B-7. "Lot Type 7" means a Lot within Improvement Area #1 marketed to homebuilders as a Large + Lot. The buyer disclosure for Lot Type 7 is attached as Appendix B-8. "Maximum Assessment" means, for each Lot, an Assessment equal to the lesser of (1) the amount calculated pursuant to Section VLA, or (2) for each Lot Type, the amount shown on Exhibit E. "Non-Benefited Property" means Parcels within the boundaries of the District that accrue no special benefit from the Authorized Improvements as determined by the City Council, and are not assessed. "Notice of Assessment Termination" means a document that shall be recorded in the official public records of the County evidencing the termination of an Assessment, a form of which is attached as Exhibit H. "Owner" or "Owners" means Diamond Beach Holdings, LLC and any successors or assigns thereof. "Parcel"or"Parcels" means a specific property within the District identified by either a tax parcel identification number assigned by the Nueces Central Appraisal District for real property tax purposes, by legal description, or by lot and block number in a final subdivision plat recorded in the official public records of the County, or by any other means determined by the City. "PID Act" means Chapter 372, Texas Local Government Code, as amended. "PID Bonds" means any bonds issued by the City in one or more series and secured in whole or in part by Assessments. "Prepayment" means the payment of all or a portion of an Assessment before the due date of the final Annual Installment thereof. Amounts received at the time of a Prepayment which represent a payment of principal, interest, or penalties on a delinquent installment of an Assessment are not to be considered a Prepayment, but rather are to be treated as the payment of the regularly scheduled Annual Installment. "Prepayment Costs" means interest, including Additional Interest and Annual Collection Costs, to the date of Prepayment. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 9 FINAL SERVICE AND ASSESSMENT PLAN "Preserve" means approximately 4.64 acres located within the District more specifically described in Exhibit J-3 and depicted on Exhibit A-3. The Preserve is the location of all Common to All Improvements, and is considered Non-Benefited Property. "Private Improvements" means improvements required to be constructed by the Developer that are not Authorized Improvements but are required to reach final Lot completion. "Reimbursement Agreement" means that certain "PID Reimbursement Agreement Whitecap Public Improvement District," effective entered into by and between the City and Developer in which: (1)the Developer on behalf of the Owner agrees to construct the Authorized Improvements, including the Common to All Improvements and Improvement Area #1 Improvements, and to fund certain Actual Costs of Authorized Improvements; (2)the City agrees to reimburse the Developer for Actual Costs of the Authorized Improvements solely from the revenue collected by the City from Assessments, including Annual Installments thereof, and/or from the net proceeds of PID Bonds, if issued; and (3) provides for the terms of payment of principal plus interest on each Reimbursement Obligation shown on Schedule I. "Reimbursement Obligation" means a reimbursement obligation, including but not limited to the Improvement Area #1 Reimbursement Obligation, related to Actual Costs of Authorized Improvements to be paid to the Developer under the terms of the Reimbursement Agreement. Each Reimbursement Obligation shall be set forth on Schedule I attached to this Service and Assessment Plan, and will be updated at the adoption of each Assessment Ordinance. Schedule will be updated as part of the update to this Service and Assessment Plan (1) each time the City levies an Assessment, (2)when PID Bonds are issued, or(3)with each Annual Service Plan Update to reflect annual principal paid with Annual Installments collected. "Remainder Area" means approximately 181.4688 acres located within the District and entirely outside of Improvement Area #1 and the Preserve, and depicted on Exhibit A-4, to be developed as one or more future improvement areas. "Service and Assessment Plan" means this Whitecap Public Improvement District No. 1 Service and Assessment Plan as updated, amended, or supplemented from time to time. "Service Plan" means the plan described in Section IV which covers a period of at least five years and defines the annual indebtedness and projected costs of the Authorized Improvements. "Trustee" means the trustee or successor trustee under an Indenture. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN SECTION II: THE DISTRICT The District includes approximately 242.011 contiguous acres located within the corporate limits of the City, the boundaries of which are more particularly described on Exhibit J-1 and depicted on Exhibit A-1. Development of the District is anticipated to include approximately 620 Lots developed with single-family homes, and 50.3 acres of commercial space. Improvement Area #1 includes approximately 55.9022 acres located within the corporate limits of the City, the boundaries of which are more particularly described on Exhibit J-2 and depicted on Exhibit A-2. Improvement Area #1 is preliminarily platted and includes 199 Lots developed with single-family homes (19 single-family homes that are on Lots classified as Lot Type 1, 47 single-family homes that are on Lots classified as Lot Type 2, 9 single-family homes that are on Lots classified as Lot Type 3, 93 single-family homes that are on Lots classified as Lot Type 4, 15 single-family homes that are on Lots classified as Lot Type 5, 9 single-family homes that are on Lots classified as Lot Type 6, and 7 single-family homes that are on Lots classified as Lot Type 7.) Final platting will be completed when infrastructure is dedicated to the City. The Remainder Area includes approximately 181.4688 contiguous acres located within the corporate limits of the City, the boundaries of which are depicted on Exhibit A-4. Development of the Remainder Area is anticipated to include approximately 421 Lots developed with single- family homes and 50.3 acres of commercial space. SECTION III: AUTHORIZED IMPROVEMENTS Based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, the City has determined that the Authorized Improvements confer a special benefit on the Assessed Property. Authorized Improvements will be designed and constructed in accordance with the City's standards and specifications and will be owned and operated by the City or maintained by the owner's association. The budget for the Authorized Improvements is shown on Exhibit B. As the Remainder Area is subdivided into future improvement areas, the costs of the Authorized Improvements, including additional Common to All Improvements that specially benefit such future improvement areas, will be determined and identified in updates to this Service and Assessment Plan when Assessments relating to Authorized Improvements benefitting such future improvement areas are levied. A. Initial Common to All Improvements ■ Preserve Preserve Improvements— Improvements within or relating to the approximate 4.64 acre WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 11 FINAL SERVICE AND ASSESSMENT PLAN public park and open space to be known as the "Preserve" including installation of entryway monuments, signage, lighting, hardscape, screening walls, trails, sidewalks, pathways, playgrounds, furnishings, and irrigation systems. The Preserve Improvements will benefit all property within the District and will be owned by the City and maintained by one or more owner's associations as set forth in the Development Agreement. ■ Soft Costs Costs related to designing, constructing, and installing the Initial Common to All Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal fees, and consultant fees. B. Improvement Area #1 Improvements ■ Streets Improvements including subgrade stabilization, concrete and reinforcing steel for roadways, testing, handicapped ramps, and streetlights. All related earthwork, excavation, erosion control, retaining walls, intersections, signage, lighting and re- vegetation of all disturbed areas within the right-of-way are included. The street improvements will provide benefit to each Lot within Improvement Area #1. ■ Drainage Improvements including earthen channels, swales, curb and drop inlets, RCP piping and boxes, headwalls, concrete flumes, rock rip rap, concrete outfalls, and testing as well as all related earthwork, excavation, erosion control and all necessary appurtenances required to provide storm drainage for all Lots within Improvement Area #1. ■ Water Improvements including trench excavation and embedment, trench safety, PVC piping, manholes, service connections, testing, related earthwork, excavation, erosion control and all necessary appurtenances required to provide water service to all Lots within Improvement Area #1. ■ Wastewater Improvements including trench excavation and embedment, trench safety, PVC piping, ductile iron encasement, boring, manholes, service connections, testing, related earthwork, excavation, erosion control and all necessary appurtenances required to provide wastewater service to all Lots within Improvement Area #1. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 12 FINAL SERVICE AND ASSESSMENT PLAN ■ Soft Costs Costs related to designing, constructing, and installing the Improvement Area #1 Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal fees, District Formation Costs, and consultant fees. C. Bond Issuance Costs ■ Debt Service Reserve Fund Equals the amount to be deposited in a debt service reserve fund under an applicable Indenture in connection with the issuance of PID Bonds. ■ Capitalized Interest Equals the amount required to be deposited for the purpose of paying capitalized interest on a series of PID Bonds under an applicable Indenture in connection with the issuance of such PID Bonds. ■ Underwriter's Discount Equals a percentage of the par amount of a particular series of PID Bonds related to the costs of underwriting such PID Bonds. ■ Costs of Issuance Includes costs of issuing a particular series of PID Bonds, including but not limited to issuer fees, attorney's fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, City's costs, fees charged by the Texas Attorney General, and any other cost or expense directly associated with the issuance of PID Bonds. D. Other Costs ■ Deposit to Administrative Fund Equals the amount necessary to fund the first year's Annual Collection Costs for a particular series of PID Bonds. SECTION IV: SERVICE PLAN The PID Act requires the Service Plan to cover a period of at least five years. The Service Plan is required to define the annual projected costs and indebtedness for the Authorized Improvements undertaken within the District during the five-year period. The Service Plan is also WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 13 FINAL SERVICE AND ASSESSMENT PLAN required to include a copy of the buyer disclosure notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan must be reviewed and updated in each Annual Service Plan Update. Exhibit C summarizes the initial Service Plan for Improvement Area #1. Per the PID Act and Section 5.014 of the Texas Property Code, as amended, this Service and Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer disclosure for the District. The buyer disclosures are attached hereto as Appendix B. Exhibit D summarizes the sources and uses of funds required to construct the Authorized Improvements and Private Improvements. The sources and uses of funds shown on Exhibit D shall be updated in an Annual Service Plan Update to show the amount required to fund the required reserves and to reflect any budget revisions at the time the PID Bonds are issued. SECTION V: ASSESSMENT PLAN The PID Act allows the City Council to apportion the costs of the Authorized Improvements to the Assessed Property based on the special benefit received from the Authorized Improvements.The PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot; (2) according to the value of property as determined by the City Council, with or without regard to improvements constructed on the property; or (3) in any other manner approved by the City Council that results in imposing equal shares of such costs on property similarly benefited. The PID Act further provides that the City Council may establish by ordinance or order reasonable classifications and formulas for the apportionment of the cost between the City and the area to be assessed and the methods of assessing the special benefits for various classes of improvements. This section of this Service and Assessment Plan describes the special benefit received by each Parcel within the District as a result of the Authorized Improvements and provides the basis and justification for the determination that this special benefit equals or exceeds the amount of the Assessments to be levied on the Assessed Property for such Authorized Improvements. The determination by the City Council of the assessment methodologies set forth below is the result of the discretionary exercise by the City Council of its legislative authority and governmental powers and is conclusive and binding on the Owner, developers, and all future owners and developers of the Assessed Property. A. Assessment Methodology Acting in its legislative capacity and based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, the WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 14 FINAL SERVICE AND ASSESSMENT PLAN City Council has determined that the costs related to the Authorized Improvements shall be allocated as follows: ■ The costs of the Improvement Area #1 Authorized Improvements shall be allocated to each Parcel within Improvement Area #1 based on the ratio of the Estimated Buildout Value of each Parcel designated as Improvement Area #1 Assessed Property to the Estimated Buildout Value of all Improvement Area #1 Assessed Property. Currently, the Improvement Area #1 Initial Parcel is the only Parcel within Improvement Area #1, and as such, the Improvement Area #1 Initial Parcel is allocated 100% of the Improvement Area #1 Authorized Improvements. ■ The costs of the Initial Common to All Improvements shall be allocated to Improvement Area #1 and the Remainder Area based upon the acreage of each Parcel or Assessed Property within Improvement Area #1 and the Remainder Area, as applicable,to the total acreage of Improvement Area #1 and the Remainder Area. The Remainder Area is allocated 76.45% of the Initial Common to All Improvements costs, and Improvement Area #1 is allocated 23.55% of the Initial Common to All Improvements costs. The Remainder Area and Improvement Area #1's shares of the Initial Common to All Improvement costs are illustrated in Exhibit B. B. Assessments The Improvement Area #1 Assessment will be levied on the Improvement Area #1 Initial Parcel in the amount shown on the Improvement Area #1 Assessment Roll, attached hereto as Exhibit F-1. The projected Improvement Area #1 Annual Installments are shown on Exhibit F-2. Upon division or subdivision of the Improvement Area #1 Initial Parcel, the Improvement Area #1 Assessment will be reallocated pursuant to Section VI. The Maximum Assessment for each Lot Type is shown on Exhibit E. In no case will the Assessment for Lots classified as Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, Lot Type 5, Lot Type 6 or Lot Type 7, respectively, exceed the corresponding Maximum Assessment for each Lot classification. C. Findings of Special Benefit Acting in its legislative capacity and based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, the City Council has found and determined the following: ■ Improvement Area#1 ■ The costs of the Improvement Area #1 Authorized Improvements equal $31,943,908 as shown on Exhibit B; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 15 FINAL SERVICE AND ASSESSMENT PLAN ■ The Improvement Area #1 Assessed Property receives special benefit from the Improvement Area #1 Authorized Improvements equal to or greater than the Actual Cost of the Improvement Area #1 Authorized Improvements; ■ The Improvement Area#1 Initial Parcel will be allocated 100%of the Improvement Area #1 Assessment levied for the Improvement Area #1 Authorized Improvements, which equals $23,856,000 as shown on the Improvement Area #1 Assessment Roll attached hereto as Exhibit F-1; ■ The special benefit ($31,943,908) received by the Improvement Area #1 Initial Parcel from the Improvement Area #1 Authorized Improvements is equal to or greater than the amount of the Improvement Area #1 Assessment ($23,856,000) levied on the Improvement Area #1 Initial Parcel for the Improvement Area #1 Authorized Improvements; and ■ At the time the City Council approved the Service and Assessment Plan,the Owner owned 100% of the Improvement Area #1 Initial Parcel. In a landowner consent certificate executed by the Owner and filed with the County Clerk of the County, the Owner acknowledged that the Improvement Area #1 Authorized Improvements confer a special benefit on the Improvement Area #1 Initial Parcel and consented to the imposition of the Improvement Area #1 Assessment to pay for the Actual Costs associated therewith. The Owner ratified, confirmed, accepted, agreed to, and approved: (1)the determinations and findings by the City Council as to the special benefits described herein and the applicable Assessment Ordinance; (2) the Service and Assessment Plan and the applicable Assessment Ordinance; and (3) the levying of the Improvement Area #1 Assessment on the Improvement Area #1 Initial Parcel. D. Annual Collection Costs The Annual Collection Costs shall be paid for annually by the owner of each Assessed Property pro rata based on the ratio of the amount of outstanding Assessment remaining on the Assessed Property to the total outstanding Assessment. The Annual Collection Costs shall be collected as part of and in the same manner as Annual Installments in the amounts shown on the Assessment Roll, which may be revised based on Actual Costs incurred in Annual Service Plan Updates. E. Interest The interest on the Improvement Area #1 Assessment securing the Improvement Area #1 Reimbursement Obligation shall be collected at the rates in the Assessment Ordinance and as depicted on Schedule I attached hereto as part of the Improvement Area #1 Annual Installment, WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 16 FINAL SERVICE AND ASSESSMENT PLAN and will not include Additional Interest unless and until PID Bonds secured by the Improvement Area #1 Assessments are issued. If and when such PID Bonds are issued, the rate calculated will match the rate on the PID Bonds, plus Additional Interest, but in no instance will the Assessment on any Assessed Property be increased. SECTION VI: TERMS OF THE ASSESSMENTS Any reallocation of Assessments as described in this Section VI shall be considered an administrative action of the City and will not be subject to the notice or public hearing requirements under the PID Act. A. Reallocation of Assessments 1. Upon Division Prior to Recording of Subdivision Plat Upon the division of any Assessed Property (without the recording of a subdivision plat), the Administrator shall reallocate the Assessment for the Assessed Property prior to the division among the newly divided Assessed Properties according to the following formula: A = Bx (C= D) Where the terms have the following meanings: A = the Assessment for the newly divided Assessed Property B = the Assessment for the Assessed Property prior to division C = the Estimated Buildout Value of the newly divided Assessed Property D = the sum of the Estimated Buildout Value for all of the newly divided Assessed Properties The calculation of the Assessment of an Assessed Property shall be performed by the Administrator and shall be based on the Estimated Buildout Value of that Assessed Property, as provided by the Developer, relying on information from homebuilders, market studies, appraisals, official public records of the County, and any other relevant information regarding the Assessed Property. The Estimated Buildout Values for Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, Lot Type 5, Lot Type 6, and Lot Type 7 are shown on Exhibit E and will not change in future Annual Service Plan Updates but Exhibit E may be updated in future Annual Service Plan Updates to account for additional Lot Types. The calculation as confirmed by the City Council shall be conclusive and binding. The sum of the Assessments for all newly divided Assessed Properties shall equal the Assessment for the Assessed Property prior to subdivision. The calculation shall be made WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 17 FINAL SERVICE AND ASSESSMENT PLAN separately for each newly divided Assessed Property. The reallocation of an Assessment for an Assessed Property that is a homestead under Texas law may not exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section shall be reflected in the Annual Service Plan Update immediately following such reallocation. 2. Upon Subdivision by a Recorded Subdivision Plat Upon the subdivision of any Assessed Property based on a recorded subdivision plat, the Administrator shall reallocate the Assessment for the Assessed Property prior to the subdivision among the new subdivided Lots based on Estimated Buildout Value according to the following formula: A = [B x (C_ D)]/E Where the terms have the following meanings: A = the Assessment for the newly subdivided Lot B = the Assessment for the Parcel prior to subdivision C = the sum of the Estimated Buildout Value of all newly subdivided Lots with the same Lot Type D = the sum of the Estimated Buildout Value for all of the newly subdivided Lots excluding Non-Benefited Property E= the number of newly subdivided Lots with the same Lot Type Prior to the recording of a subdivision plat, the Developer shall provide the City an Estimated Buildout Value as of the date of the recorded subdivision plat for each Lot created by the recorded subdivision plat. The calculation of the Assessment for a Lot shall be performed by the Administrator and confirmed by the City Council based on Estimated Buildout Value information provided by the Developer, homebuilders, third party consultants, and/or the Official Public Records of the County regarding the Lot. The Estimated Buildout Values for Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, Lot Type 5, Lot Type 6 and Lot Type 7 are shown on Exhibit E and will not change in future Annual Service Plan Updates. The calculation as confirmed by the City Council shall be conclusive and binding. The sum of the Assessments for all newly subdivided Lots shall not exceed the Assessment for the portion of the Assessed Property subdivided prior to subdivision. The calculation shall be made separately for each newly subdivided Assessed Property. The reallocation of an Assessment for an Assessed Property that is a homestead under Texas law may not exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 18 FINAL SERVICE AND ASSESSMENT PLAN shall be reflected in the Annual Service Plan Update immediately following such reallocation. 3. Upon Consolidation If two or more Lots or Parcels are consolidated into a single Lot or Parcel, the Administrator shall allocate the Assessments against the Lots or Parcels before the consolidation to the consolidated Lot or Parcel, which allocation shall be approved by the City Council in the next Annual Service Plan Update immediately following such consolidation. The Assessment for any resulting Lot may not exceed the Maximum Assessment for the applicable Lot Type and compliance may require a mandatory Prepayment of Assessments pursuant to Section VI.C. B. Mandatory Prepayment of Assessments If an Assessed Property or a portion thereof is conveyed to a party that is exempt from payment of the Assessment under applicable law, or the owner causes a Lot, Parcel or portion thereof to become Non-Benefited Property, the owner of such Lot, Parcel or portion thereof shall pay to the City, or cause to be paid to the City, the full amount of the Assessment, plus all Prepayment Costs and Delinquent Collection Costs for such Assessed Property, prior to any such conveyance or act, and no such conveyance shall be effective until the City receives such payment. Following payment of the foregoing costs in full, the City shall provide the owner with a recordable "Notice of Assessment Termination," a form of which is attached hereto as Exhibit H. C. True-Up of Assessments if Maximum Assessment Exceeded at Plat Prior to the City approving a final subdivision plat, the Administrator will certify that such plat will not result in the Assessment per Lot for any Lot Type to exceed the Maximum Assessment. If the Administrator determines that the resulting Assessment per Lot for any Lot Type will exceed the Maximum Assessment for that Lot Type, then (1)the Assessment applicable to each Lot Type shall each be reduced to the Maximum Assessment, and (2) the person or entity filing the plat shall pay to the City, or cause to be paid to the City, the amount the Assessment was reduced, plus Prepayment Costs and Delinquent Collection Costs, if any, prior to the City approving the final plat. The City's approval of a plat without payment of such amounts does not eliminate the obligation of the person or entity filing the plat to pay such amounts. At no time shall the aggregate Assessments for any Lot exceed the Maximum Assessment. D. Reduction of Assessments If as a result of cost savings or the failure to construct all or a portion of an Authorized Improvement the Actual Costs of any Authorized Improvements are less than the Assessments, WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 19 FINAL SERVICE AND ASSESSMENT PLAN then (i) in the event PID Bonds have not been issued for the purpose of financing Authorized Improvements affected by such reduction in Actual Costs, the City Council shall reduce each Assessment on a pro rata basis such that the sum of the resulting reduced Assessments for all Assessed Property equals the reduced Actual Costs that were expended, or (ii) in the event that PID Bonds have been issued for the purpose of financing Authorized Improvements affected by such reduction in Actual Costs, the Trustee shall apply amounts on deposit in the applicable account of the project fund created under the Indenture relating to such series of PID Bonds that are not expected to be used for the purposes of the project fund as directed by the City pursuant to the terms of such Indenture. Such excess PID Bond proceeds may be used for any purpose authorized by such Indenture. The Assessments shall never be reduced to an amount less than the amount required to pay all outstanding debt service requirements on all outstanding PID Bonds. The Administrator shall update (and submit to the City Council for review and approval as part of the next Annual Service Plan Update)the Assessment Roll and corresponding Annual Installments to reflect the reduced Assessments. E. Prepayment of Assessments The owner of any Assessed Property may, at any time, pay all or any part of an Assessment in accordance with the PID Act. Prepayment Costs, if any, may be paid from a reserve established under the applicable Indenture. If an Annual Installment has been billed, or the Annual Service Plan Update has been approved by the City Council prior to the Prepayment, the Annual Installment shall be due and payable and shall be credited against the Prepayment. If an Assessment on an Assessed Property is prepaid in full, with Prepayment Costs, (1) the Administrator shall cause the Assessment to be reduced to zero on said Assessed Property and the Assessment Roll to be revised accordingly; (2) the Administrator shall prepare the revised Assessment Roll and submit such revised Assessment Roll to the City Council for review and approval as part of the next Annual Service Plan Update; (3)the obligation to pay the Assessment and corresponding Annual Installments shall terminate with respect to said Assessed Property; and (4) the City shall provide the owner with a recordable "Notice of Assessment Termination." If an Assessment on an Assessed Property is prepaid in part with Prepayment Costs: (1) the Administrator shall cause the Assessment to be reduced on said Assessed Property and the Assessment Roll revised accordingly; (2) the Administrator shall prepare the revised Assessment Roll and submit such revised Assessment Roll to the City Council for review and approval as part of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment will be reduced to the extent of the Prepayment made. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 20 FINAL SERVICE AND ASSESSMENT PLAN For purposes or Prepayments, the Improvement Area #1 Reimbursement Obligation is and will remain subordinated to any PID Bonds secured by the Improvement Area #1 Assessments issued to refinance all or a portion of the Improvement Area #1 Reimbursement Obligation. F. Payment of Assessment in Annual Installments Assessments that are not paid in full shall be due and payable in Annual Installments. Exhibit F-2 shows the estimated Improvement Area #1 Annual Installments. Annual Installments are subject to adjustment in each Annual Service Plan Update. Prior to the recording of a final subdivision plat, if any Parcel shown on the Assessment Roll is assigned multiple tax parcel identification numbers for billing and collection purposes,the Annual Installment shall be allocated pro rata based on the acreage of the Parcel not including any Non- Benefited Property, as shown by the Nueces Central Appraisal District for each tax parcel identification number. The Administrator shall prepare and submit to the City Council for its review and approval an Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each Annual Service Plan Update shall include updated Assessment Rolls and updated calculations of Annual Installments. The Annual Collection Costs for a given Assessment shall be paid by the owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total outstanding Assessment. Annual Installments shall be reduced by any credits applied under an applicable Indenture, such as capitalized interest, interest earnings on account balances, and any other funds available to the Trustee for such purposes. Annual Installments shall be collected by the City in the same manner and at the same time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and foreclosure sale in case of delinquencies as set forth in the PID Act and in the same manner as ad valorem taxes due and owing to the City. To the extent permitted by the PID Act or other applicable law, the City Council may provide for other means of collecting Annual Installments, but in no case shall the City take any action, or fail to take any action, that would cause it to be in default under any Indenture. Assessments shall have the lien priority specified in the PID Act. Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed Property may again be sold at a judicial foreclosure sale if the purchaser fails to timely pay any of the remaining unpaid Annual Installments as they become due and payable. The City reserves the right to refund PID Bonds in accordance with applicable law, including the PID Act. In the event of a refunding, the Administrator shall recalculate the Annual Installments WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 21 FINAL SERVICE AND ASSESSMENT PLAN so that total Annual Installments will be sufficient to pay the refunding bonds, and the refunding bonds shall constitute "PID Bonds." Each Annual Installment of an Assessment, including interest on the unpaid principal of the Assessment, shall be updated annually. Each Annual Installment shall be due when billed and shall be delinquent if not paid prior to February 1 of the following year. The initial Annual Installments of the Improvement Area #1 Assessments shall be due when billed and shall be delinquent if not paid prior to February 1, 2025. Failure of an owner of an Assessed Property to receive an invoice for an Annual Installment shall not relieve said owner of the responsibility for payment of the Assessment. Assessments, or Annual Installments thereof, that are delinquent shall incur Delinquent Collection Costs. G. Prepayment as a Result of an Eminent Domain Proceeding or Taking Subject to applicable law, if any portion of any Parcel of Assessed Property is taken from an owner as a result of eminent domain proceedings or if a transfer of any portion of any Parcel of Assessed Property is made to an entity with the authority to condemn all or a portion of the Assessed Property in lieu of or as a part of an eminent domain proceeding (a "Taking"), the portion of the Assessed Property that was taken or transferred (the "Taken Property") shall be reclassified as Non-Benefited Property. For the Assessed Property that is subject to the Taking as described in the preceding paragraph, the Assessment that was levied against the Assessed Property (when it was included in the Taken Property) prior to the Taking shall remain in force against the remaining Assessed Property (the Assessed Property less the Taken Property) (the "Remaining Property"), following the reclassification of the Taken Property as Non-Benefited Property, subject to an adjustment of the Assessment applicable to the Remaining Property after any required Prepayment as set forth below. The owner of the Remaining Property will remain liable to pay, pursuant to the terms of this Service and Assessment Plan, as updated, and the PID Act, the Assessment that remains due on the Remaining Property, subject to an adjustment in the Assessment applicable to the Remaining Property after any required Prepayment as set forth below. Notwithstanding the foregoing, if the Assessment that remains due on the Remaining Property exceeds the applicable Maximum Assessment, the owner of the Remaining Property will be required to make a Prepayment in an amount necessary to ensure that the Assessment against the Remaining Property does not exceed such Maximum Assessment, in which case the Assessment applicable to the Remaining Property will be reduced by the amount of the partial Prepayment. If the City receives all or a portion of the eminent domain proceeds (or payment made in an agreed sale in lieu of condemnation), such amount shall be credited against the amount of Prepayment, with any remainder credited against the Assessment on the Remaining Property. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN In all instances the Assessment remaining on the Remaining Property shall not exceed the applicable Maximum Assessment. By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100 Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be reclassified as Non-Benefited Property and the remaining 90 acres constituting the Remaining Property shall be subject to the $100 Assessment (provided that this $100 Assessment does not exceed the Maximum Assessment on the Remaining Property). If the Administrator determines that the $100 Assessment reallocated to the Remaining Property would exceed the Maximum Assessment, as applicable, on the Remaining Property by $10, then the owner shall be required to pay $10 as a Prepayment of the Assessment against the Remaining Property and the Assessment on the Remaining Property shall be adjusted to $90. Notwithstanding the previous paragraphs in this subsection, if the owner of the Remaining Property notifies the City and the Administrator that the Taking prevents the Remaining Property from being developed for any use which could support the Estimated Buildout Value requirement, the owner shall, upon receipt of the compensation for the Taken Property, be required to prepay the amount of the Assessment required to buy down the outstanding Assessment to the applicable Maximum Assessment on the Remaining Property to support the Estimated Buildout Value requirement. The owner will remain liable to pay the Assessment on both the Taken Property and the Remaining Property until such time that such Assessment has been prepaid in full. Notwithstanding the previous paragraphs in this subsection, the Assessments shall never be reduced to an amount less than the amount required to pay all outstanding debt service requirements on all outstanding PID Bonds. SECTION VII: ASSESSMENT ROLL The Improvement Area #1 Assessment Roll is attached as Exhibit F-1. The Administrator shall prepare and submit to the City Council for review and approval proposed revisions to the Improvement Area #1 Assessment Roll and Improvement Area #1 Annual Installments for each Parcel as part of each Annual Service Plan Update. SECTION VIII: ADDITIONAL PROVISIONS A. Calculation Errors If the owner of a Parcel claims that an error has been made in any calculation required by this Service and Assessment Plan, including, but not limited to, any calculation made as part of any WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 23 FINAL SERVICE AND ASSESSMENT PLAN Annual Service Plan Update, the owner's sole and exclusive remedy shall be to submit a written notice of error to the Administrator by December 1s' of each year following City Council's approval of the calculation. Otherwise, the owner shall be deemed to have unconditionally approved and accepted the calculation. The Administrator shall provide a written response to the City Council and the owner not later than 30 days after receipt of such written notice of error by the Administrator. The City Council shall consider the owner's notice of error and the Administrator's response at a public meeting, and, not later than 30 days after closing such meeting,the City Council shall make a final determination as to whether an error has been made. If the City Council determines that an error has been made, the City Council shall take such corrective action as is authorized by the PID Act, this Service and Assessment Plan,the applicable Assessment Ordinance,the applicable Indenture, or as otherwise authorized by the discretionary power of the City Council. The determination by the City Council as to whether an error has been made, and any corrective action taken by the City Council, shall be final and binding on the owner and the Administrator. B. Amendments Amendments to this Service and Assessment Plan must be made by the City Council in accordance with the PID Act. To the extent permitted by the PID Act,this Service and Assessment Plan may be amended without notice to owners of the Assessed Property: (1)to correct mistakes and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect Assessments, Annual Installments, and other charges imposed by this Service and Assessment Plan. C. Administration and Interpretation The Administrator shall: (1) perform the obligations of the Administrator as set forth in this Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction of the City Council; and (3) interpret the provisions of this Service and Assessment Plan. Interpretations of this Service and Assessment Plan by the Administrator shall be in writing and shall be appealable to the City Council by owners of Assessed Property adversely affected by the interpretation. Appeals shall be decided by the City Council after holding a public meeting at which all interested parties have an opportunity to be heard. Decisions by the City Council shall be final and binding on the owners of Assessed Property and developers and their successors and assigns. D. Form of Buyer Disclosure/Filing Requirements Per Section 5.014 of the Texas Property Code, as amended,this Service and Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer disclosures for the WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 24 FINAL SERVICE AND ASSESSMENT PLAN District. The buyer disclosures are attached hereto as Appendix B. Within seven days of approval by the City Council, the City shall file and record in the real property records of the County the executed ordinance of this Service and Assessment Plan, or any future Annual Service Plan Updates. The executed ordinance, including any attachments, approving this Service an Assessment Plan or any future Annual Service Plan Updates shall be filed and recorded in their entirety. E. Severability If any provision of this Service and Assessment Plan is determined by a governmental agency or court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the remaining provisions. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 25 FINAL SERVICE AND ASSESSMENT PLAN SCHEDULE AND EXHIBITS The following Schedule and Exhibits are attached to and made a part of this Service and Assessment Plan for all purposes: Schedule I Reimbursement Obligations Exhibit A-1 Map of the District Exhibit A-2 Plats of Improvement Area #1 Exhibit A-3 Map of the Preserve Exhibit A-4 Map of Remainder Area Exhibit A-5 Lot Type Classification Map Exhibit B Project Costs Exhibit C Service Plan Exhibit D Sources and Uses of Funds Exhibit E Maximum Assessment and Tax Rate Equivalent Exhibit F-1 Improvement Area #1 Assessment Roll Exhibit F-2 Improvement Area #1 Annual Installments Exhibit G-1 Maps of Initial Common to All Improvements Exhibit G-2 Maps of Improvement Area #1 Improvements Exhibit H Form of Notice of Assessment Termination Exhibit I Annual Installments for Improvement Area #1 Reimbursement Obligation Exhibit J-1 District Boundary Description Exhibit J-2 Improvement Area #1 Boundary Description Exhibit J-3 Remainder Area Boundary Description WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 26 FINAL SERVICE AND ASSESSMENT PLAN SCHEDULE I The following Schedule is attached to and made apart of this Service and Assessment Plan for all purposes: 1. Improvement Area#1 Reimbursement Obligation Original Principal Amount: $ • Interest Rate: Interest on any unpaid portion of the Improvement Area #1 Reimbursement Obligation shall be %provided; however,the Interest Rate at all times shall remain lower than or equal to the lesser of: (1) the interest rates on the City of Corpus Christi, Texas, Special Assessment Revenue Bonds, Series 2024 (Whitecap Public Improvement District No. 1 Improvement Area #1 Project), or (2) _% based on the Bond Index Rate of_% as the highest average index rate reported for the[NAME OF INDEX], a weekly bond index approved by the City Council of the City, in the month before the date the City approved the Assessment Ordinance levying the Improvement Area #1 Assessments which is the same date the obligation to pay the Improvement Area#1 Reimbursement Obligation was incurred. :pproved Date of Improvement Area#1 Assessment Ordinance Approval: Ordinance No. on [ , 20_] and recorded in the real property records of Nueces County,Texas on [ ], 20_, as Document No. [ ]. • Payment Source: Solely from: (1) revenue derived from Improvement Area #1 Assessments collected by the City and deposited in accordance with the Reimbursement Agreement if no PID Bonds secured by Improvement Area#1 Assessments are levied, (2) net bond proceeds of PID Bonds secured by the Improvement Area #1 Assessments levied against the Improvement Area #1 Assessed Property shown on the Improvement Area #1 Assessment Roll attached as Exhibit F-1 to this Service and Assessment Plan, or(3) a combination of(1) and (2). WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 27 FINAL SERVICE AND ASSESSMENT PLAN APPENDICES The following Appendices are attached to and made a part of this Service and Assessment Plan for all purposes: Appendix A Engineer's Report Appendix B Buyer Disclosures WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 28 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT A-1 - MAP OF THE DISTRICT Hi _LE lAl` r r r I — Gtr LJAENGINEER H ­MZ:ENGI V_EERiN ,��F I_°' t /Pi` VL Fc I I Q ¢ 1� 1t VIV , � ,/ffiI Iji IF S;' r I I I DIAMOND BEACH' HOLDINGS WHI ECAP � ILI _�.-�'y_ '- r-�°"� a-Tf -� .�:.�NORTH I3 oIRECPUBLIC UeLISCL A N D •.. i._ _ �' BIAPRC]VEMENTS PHASING EXHIBIT C ' WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 29 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT A-2-PLATS OF IMPROVEMENT AREA#1 Plat of WHITECAP o 2 ... NORTH PADRE ISLAND Unit 1A M xat. .A�a.m P.g LI f2 IEY 3 jt �_ re Mt rteRrtNm tl� 'ni �. 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WHITECAP M F F I NORTH PADRE ISLAND Unit 1B Page 2.f2 ML --21, n LJA ENGINEERING w R IMSEf C SOUTH c 1 so so- _ 52'16'11'E SOUTH 52251 o so ,uu z.w goo >w, WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 33 NOTES YT F- Plat of N TM LIL WHITECAP o del l=. I rll r Il", �•�'^°'�° ml ,I r —7 NORTH PADRE ISLAND ._ a H,. ,I:n Pagelofl nnre ar rex s r-. E ..... .r.i9n.a a nery.e � tq _ L-.., L r r1 rrl ry-IrN t':I r•I+rrrnr M��r E .E.E InrEL E EE ..1":lFl r.-fi n..E T r T Trf:i.-... 1 E i..._ T Y l-+ fi51 PERE T .-.E u. T E ud 1 =MF a-E..F. N v/ i T WhI,. 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",xK.�,m .:,n .aa.m.rn.m x m a w t � :e,axappr,eM1 N ;Ila o P� , NORTH PADRE I S E A N D Unit IE kin9>, m[[+ncie�rr ue.m,x ne muu.'.r me.m.r..�.:,axan rnrv+e Hd[�•n[,Awdem P.r I Df z r:T 'f:xTE" .•.Err:Vr H�11 -�Lr xFlM IME >:'4'E.':'.E OF.PERI ''.F i�.:T _ :F 1F£ -er..E I :'H+1:•111-L++r F l'•+=•ELiafE:,HEeEpFiEe-EFE-:-ET.»-I':.I FE L T- �'�F - 5rPiEI Hll..lrr xa�c a m u L r[ eni9^sa a w/:ry, e Y wr.s:e lv e • r Ix[ u.r..Trt Tru n., [.•n.. r 4b,l�p m b.rh w s«hpes xh.Pmpde �.nnn rp..n m mn rwn egnawn •.a _L ax edSetl —I TL,L: F 27 E EVT L m Ix rl[x iE Til[Vr[rr r• eawrwses a �[o E E L E ..E::E T ,a 1- --�E L +EI'.. - re.e[dapwn untlw my Mntl Prd swl M olllco�rFl+ c tloY CINnru r ,•.<x x.a. u.n..+ r.T+n n 20— ;1—T- 'EEr T'-T also - LT -ill:'.:4':r..F+a uT.•[: r INE [cF x[ L, [rY.t[._ E _._ ..a _iFl L E_t NLs, xu[-xru,•.a..no.. N ay Public = —1-11 TN [ —11 k '`3' L Nrr er pins Frye a.-1—r=wm rn d ox u.h,x d Y C'ti M LerPus C20 axes M rM1s Plonn rq C mmnwn m,M ,h i -` ak i I-:—derapr d���3p_, -P - r�Cu iiDOmE :" IMIT IE; e p I0®m® � . soaxr.woraE`ean«.xe ? i'1 n Sro ,poo wz waa won. JI - STATE OF TEYYd9 �xi I I I I I �,6-�i` I-.Ibr�t illl aL.r mu mm pNlot w m.r.r.m a.[and.d prp— avvra..d nr,h. P11-1-1 v «.. I. 5 [:ewb i-1 5p.E- Enpnxer w LJA ENGINEERING WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 38 Pn tI.R \�� uw:.n.u. T WHITECAP s` NORTH PADRE ISLAND U1IlIa 1E c �' � \ Pogo 2 a2V' _1 L L T:. / 'ff - F ttP.BGILAINC LINES al- _.IL.I LI E. -. Cal \ Waw'' �s '� .i.•I� �®- I °a --------------- ;r, y� y � m•' v " & s•E s sa.sF sa ss SS.g -JA ENGINEERING WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 39 EXHIBIT A-3 - MAP OF THE PRESERVE -HI -LE ® Sf' F ' JFFR ' rF ------------ 00 - ,�� I I t � r r f F I/ N { ' r - I W � . - 5: �����?� 4• I ill I 11 {II IIII i w , JJ'C _ : ---� i� DIAMOND BEACH' HOLDINGS ..; WHITECAP = - z NORTH PADRE ISLAND' INITIAL IMPROVEMENTS COMMON TO ALL AREAS ,... EXHIBIT H ' WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 40 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT A-4— MAP OF REMAINDER AREA HI -LE 'IZA LSAF Yjti g� '• � t �I I I � - - y I4 t .w - -,� F Il 71 � � �` �.gid• If ��'__� � x - ;� w JJJ I it I 1 i • i I, I ill DIAMOND BEACH; HOLDINGS WHITECAP ®NORTH PADRE ISLAND._. REMAINING IMPRGVEMENT AREA --.r EXHIBIT WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 41 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT A-5—LOT TYPE CLASSIFICATION MAP G WHITECAP .�_ NORTH PADRE I$LAND ,pq Site Visualization I phase I Lot Numbering - ��� °, a oma, L( w ISH ` s m � y b Lot Type 7 Lot Type 4 13 Lot Type 5 ,� ❑ ° Lot Type 2 .r�ca Lot Type 6 1� 13 Lot Typeu9„�.,,. ❑ Lot Type WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 42 EXHIBIT B - PROJECT COSTS Iimprovement Area#1 Immobodw AreaInitial Common to All Improvements i`i Preserve $ 2,310,000 $ 23.55% $ 544,018 76.45% $ 1,765,982 Soft Costs[d] 852,500 23.55% 200,769 76.45% 651,731 T3,162,500 $ $ 744,786 $ 2,417,714 Improvement Area#1 Improvements Street $17,087,424 $ 100.00% $ 17,087,424 0.00% $ - Drainage 1,655,010 100.00% 1,655,010 0.00% Water 1,742,790 100.00% 1,742,790 0.00% Wastewater 3,196,725 100.00% 3,196,725 0.00% Soft Costs[-] 3,436,250 100.00% 3,436,250 0.00% $27,118,199 $ $ 27,118,199 $ Improvement Area#1 Private Improvements Community Amenities and Parks $ 8,460,000 $ 8,460,000 0.00% $ - 0.00% $ Private Landscape Development Costs 2,291,000 2,291,000 0.00% 0.00% $ 10,751,000 $10,751,000 $ $ Bond Issuance Costs If7 Debt Service Reserve $ 1,774,602 $ 1,774,602 $ Capitalized Interest - - Underwriter's Discount 715,680 715,680 Costs of Issuance 1,550,640 1,550,640 $ 4,040,922 $ 4,040,922 $ Other Costs Deposit to Administrative Fund $ 40,000 $ 40,000 $ $ 40,000 $ 40,000 $ - Total $45,112,621 $10,751,000 $ 31,943,908 $ 2,417,714 Footnotes: [a]Total Costs per Preliminary Opinion of Probable Construction Costs Whitecap-North Padre Island,PID Direct Public Improvements dated 11/17/2023. [b]Not reimbursable through Assessments. [c]Initial Common to All Improvements are allocated to Improvement Area#1 and the Remainder Area pro rata based on acreage.Improvement Area#1 is 55.9022 acres and the Remainder Area 181.4688 acres.Therefore,Improvement Area#1 is allocated 23.55%(=55.9022/(55.9022+ 181.4688))of the Initial Common to all Improvements,and the Remainder Area is allocated the remaining 76.45%(=181.4688/(55.9022+ 181.4688))of the Initial Common to All Improvements. [d]Initial Common to All Improvement Soft Costs include contingency,and consultant fees. [e]Improvement Area#1 Soft Costs includes$150,000 in District Formation Costs. [f]Bond Issuance Costs and Other Costs associated with Improvement Area#1 are estimates only,to be determined at time of issuance of PID Bonds to reimburse all or a portion of the Improvement Area#1 Reimbursement Obligation. WHITECAP PUBLIC IMPROVEMENT DISTRCT NO.1 43 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT C—SERVICE PLAN Improvement Area#1 Annual Installment Due 1/31/2025 1/31/2026 1/31/2027 1/31/2028 1/31/2029 Improvement Area#1 Reimbursement Obligation Principal $ 290,000.00 $ 308,000.00 $ 327,000.00 $ 348,000.00 $ 369,000.00 Interest $ 1,483,843.20 $ 1,465,805.20 $ 1,446,647.60 $ 1,426,308.20 $ 1,404,662.60 (1) $ 1,773,843.20 $ 1,773,805.20 $ 1,773,647.60 $ 1,774,308.20 $ 1,773,662.60 Additional Interest[a] (2) $ - $ - $ - $ $ Annual Collection Costs (3) $ 40,000.00 $ 40,800.00 $ 41,616.00 $ 42,448.32 $ 43,297.29 Total Annual Installment (4)=(1)+(2)+(3) $ 1,813,843.20 $ 1,814,605.20 $ 1,815,263.60 $ 1,816,756.52 $ 1,816,959.89 Footnotes: [a]Additional Interest will not be charged on the Improvement Area#1 Reimbursement Obligation.In the event PID Bonds secured by the Improvement Area#1 Assessment are issued,the Service Plan and Improvement Area#1 Assessment Roll shall be updated to reflect the Additional Interest collected for such PID Bonds. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 44 EXHIBIT D-SOURCES AND USES OF FUNDS Improvement Area#1 Reimbursement Obligation $ - $ 23,856,000 $ - $ 23,856,000 Developer Contributionlal - 7,343,121 - 9,760,835 Developer Contribution-Initial Common to All Improvements-IA#11`I - 744,786 - 744,786 Developer Contribution-Initial Common to All Improvements-Remainder Areal" - - 2,417,714 2,417,714 Developer Contribution-Private Improvementslal 10,751,000 - - 10,751,000 Total Sources $ 10,751,000 $ 31,943,908 $ 2,417,714 $ 45,112,621 Uses of Funds Initial Common to All Improvements $ - $ 744,786 $ 2,417,714 $ 3,162,500 Improvement Area#1 Improvements - 27,118,199 - 27,118,199 Private Improvements 10,751,000 - - 10,751,000 $ 10,751,000 $ 27,862,985 $ 2,417,714 $ 41,031,699 Bond Issuance Costs'b' Debt Service Reserve $ - $ 1,774,602 $ - $ 1,774,602 Capitalized Interest - - - - Underwriter's Discount - 715,680 - 715,680 Costs of Issuance - 1,550,640 - 1,550,640 $ - $ 4,040,922 $ - $ 4,040,922 Other Costs Ibl Deposit to Administrative Fund $ - $ 40,000 $ - $ 40,000 $ - $ 40,000 $ - $ 40,000 Total Uses $ 10,751,000 $ 31,943,908 $ 2,417,714 $ 45,112,621 Footnotes: [a]Not reimbursable through Assessments. [b]Bond Issuance Costs and Other Costs associated with Improvement Area#1 are estimates only,to be determined at time of issuance of PID Bonds to reimburse all or a portion of the Improvement Area#1 Reimbursement Obligation. [c]Initial Common to All Improvements allocable to Improvement Area#1 are financed by the Owner Contribution-Initial Common to All Improvements-IA#1,and are not to be reimbursed from Assessments. [d]Initial Common to All Improvements allocable to the Remainder Area are eligible to be reimbursed from future Assessments. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 45 EXHIBIT E-MAXIMUM ASSESSMENT AND TAX RATE EQUIVALENT Estimated Total Estimated Assessme Average Annual Installment Lot Type Units[a] Buildout Value PID TRE VTL per Unit[a] Buildout Value Total Per Unit Total Per Unit Improvement Area#1 Lot Type 1 19 $ 850,000 $ 16,150,000 $ 1,491,693 $ 78,510 $ 114,312 $ 6,016 $ 0.7078 2.8086 Lot Type 2 47 1,020,000 47,940,000 4,427,972 94,212 339,325 7,220 0.7078 2.8086 Lot Type 3 9 1,150,000 10,350,000 955,976 106,220 73,259 8,140 0.7078 2.4995 Lot Type 4 93 1,380,000 128,340,000 11,854,108 127,464 908,407 9,768 0.7078 2.4995 Lot Type 5 15 1,500,000 22,500,000 2,078,210 138,547 159,258 10,617 0.7078 2.2411 Lot Type 6 9 1,800,000 16,200,000 1,496,311 166,257 114,666 12,741 0.7078 2.2411 Lot Type 7 7 2,400,000 16,800,000 1,551,730 221,676 118,913 16,988 0.7078 1.9244 Subtotal 199 $ 258,280,000 $ 23,856,000 $ 1,828,139 2.5001 Footnotes: [a]Per information provided by Developer on 9/15/2023. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 46 I EXHIBIT F-1 - IMPROVEMENT AREA #1 ASSESSMENT ROLL Property I. I-I Lot Type Acreage Allocation Outstanding Annual installment due Assessment 1/31/202S"] 571270 Improvement Area#1 Initial Parcel 30.6800 30.47% $ 7,269,565.94 $ 552,726.89 571269 Improvement Area#1 Initial Parcel 70.0003 69.53% $ 16,586,434.06 $ 1,261,116.31 Totall`i 100.6803 100.00% $ 23,856,000.00 $ 1,813,843.20 Footnotes: [a]The Assessment and Annual Installment have initially been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI of this Service and Assessment Plan. [b]Annual Installment covers the period September 30,2024 to October 1,2025,and is due January 31,2025. [c]For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per plats submitted by the Owner,see below.Note,Property ID numbers will be added when assigned by Nueces County. DescriptionLegal Property 60am Assessment 11/31/2025 TBD 1A 1 3 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 4 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 5 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 6 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 7 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 8 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 9 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 10 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 11 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 12 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 13 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 14 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 15 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 16 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 17 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 18 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 19 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 20 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 21 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 22 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1A 1 23 Lot Type 7 $ 221,675.70 $ 16,854.67 TBD 1A 1 24 Lot Type 7 $ 221,675.70 $ 16,854.67 TBD 1A 1 25 Lot Type 7 $ 221,675.70 $ 16,854.67 TBD 113 6 2 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 113 6 3 Lot Type 2 $ 94,212.17 $ 7,163.23 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 47 FINAL SERVICE AND ASSESSMENT PLAN F-- Property Outstanding Total Annual Installment Unit Block Lot Lot Type 1 Assessment 11/31/2025 TBD 1B 6 4 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 5 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 6 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 7 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 8 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 9 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 10 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 11 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 12 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 13 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 14 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 15 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 16 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 17 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 18 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 19 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 20 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 22 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 23 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 24 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 25 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 26 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 27 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 28 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 29 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 30 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 31 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 6 32 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 2 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 3 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 4 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 5 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 6 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 7 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 8 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 9 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 10 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 11 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 12 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 13 Lot Type 2 $ 94,212.17 $ 7,163.23 i WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 48 FINAL SERVICE AND ASSESSMENT PLAN F-- Property Outstanding Total Annual Installment Unit Block Lot Lot Type 1 Assessment 11/31/2025 TBD 1B 7 14 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 7 15 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1E 7 16 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1E 7 17 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 8 2 Lot Type 2 $ 94,212.17 $ 7,163.23 TBD 1B 8 3 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 4 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 5 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 7 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 8 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 9 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 10 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 13 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 14 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 15 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 16 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 18 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 19 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 20 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 8 21 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 9 3 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 9 4 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 9 5 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1B 9 6 Lot Type 1 $ 78,510.14 $ 5,969.36 TBD 1E 2 2 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 3 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 4 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 5 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 6 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 7 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 8 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 9 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 10 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 11 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 13 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 14 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 15 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 16 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 17 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 18 Lot Type 4 $ 127,463.53 $ 9,691.43 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 49 FINAL SERVICE AND ASSESSMENT PLAN F-- Property Unit Block Lot Lot Type Outstanding Total Annual Installment 1 Assessment 11/31/2025 TBD 1E 2 19 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 2 20 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 2 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 3 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 4 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 5 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 6 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1E 3 7 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1E 3 8 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 9 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 11 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 12 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 13 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 14 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 15 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 16 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 17 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 18 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 19 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 3 20 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 10 1 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 10 2 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 10 3 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 1 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 2 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 3 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 4 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 5 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 6 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 7 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 8 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 9 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 10 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 11 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1E 11 12 Lot Type 7 $ 221,675.70 $ 16,854.67 TBD 1E 11 13 Lot Type 7 $ 221,675.70 $ 16,854.67 TBD 1E 11 14 Lot Type 7 $ 221,675.70 $ 16,854.67 TBD 1E 11 15 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1E 11 16 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 17 Lot Type 4 $ 127,463.53 $ 9,691.43 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 50 FINAL SERVICE AND ASSESSMENT PLAN F-- Property Unit Block Lot Lot Type Outstanding Total Annual Installment 1 Assessment 11/31/2025 TBD 1E 11 18 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 19 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 20 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 21 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 22 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 11 23 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 12 1 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 12 2 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 14 2 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 14 3 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 14 4 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 14 5 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 14 6 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 14 7 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1E 15 1 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 2 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 4 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 5 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 6 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 7 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 8 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 9 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 10 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 11 Lot Type 4 $ 127,463.53 $ 9,691.43 TBD 1D 15 12 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1D 15 13 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1D 15 14 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1D 15 15 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1D 15 16 Lot Type 6 $ 166,256.78 $ 12,641.00 TBD 1D 15 17 Lot Type 7 $ 221,675.70 $ 16,854.67 TBD 1D 15 18 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1D 15 19 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1D 15 20 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1D 15 21 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1D 15 22 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1D 15 23 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1D 15 24 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1D 15 25 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1C 16 2 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1C 16 3 Lot Type 5 $ 138,547.31 $ 10,534.17 i WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 51 FINAL SERVICE AND ASSESSMENT PLAN Legal Description Property Unit Block Lot Outstanding Total Annual Installment • Lotw • TBD 1C 16 4 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1C 16 5 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1C 16 6 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1C 16 7 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 8 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 9 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 10 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 11 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1C 16 12 Lot Type 5 $ 138,547.31 $ 10,534.17 TBD 1C 16 13 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 14 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 15 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 16 Lot Type 3 $ 106,219.61 $ 8,076.20 TBD 1C 16 17 Lot Type 3 $ 106,219.61 $ 81076.20 Total $ 23,856,000.00 $ 1,813,842.68 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 52 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT F-2 - IMPROVEMENT AREA #1 ANNUAL INSTALLMENTS PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 290,000 $ 1,483,843 $ 40,000 $ 1,813,843 2026 $ 308,000 $ 1,465,805 $ 40,800 $ 1,814,605 2027 $ 327,000 $ 1,446,648 $ 41,616 $ 1,815,264 2028 $ 348,000 $ 1,426,308 $ 42,448 $ 1,816,757 2029 $ 369,000 $ 1,404,663 $ 43,297 $ 1,816,960 2030 $ 392,000 $ 1,381,711 $ 44,163 $ 1,817,874 2031 $ 417,000 $ 1,357,328 $ 45,046 $ 1,819,375 2032 $ 443,000 $ 1,331,391 $ 45,947 $ 1,820,338 2033 $ 470,000 $ 1,303,836 $ 46,866 $ 1,820,703 2034 $ 500,000 $ 1,274,602 $ 47,804 $ 1,822,406 2035 $ 531,000 $ 1,243,502 $ 48,760 $ 1,823,262 2036 $ 564,000 $ 1,210,474 $ 49,735 $ 1,824,209 2037 $ 599,000 $ 1,175,393 $ 50,730 $ 1,825,123 2038 $ 636,000 $ 1,138,136 $ 51,744 $ 1,825,880 2039 $ 676,000 $ 1,098,576 $ 52,779 $ 1,827,356 2040 $ 718,000 $ 1,056,529 $ 53,835 $ 1,828,364 2041 $ 762,000 $ 1,011,870 $ 54,911 $ 1,828,781 2042 $ 810,000 $ 964,473 $ 56,010 $ 1,830,483 2043 $ 860,000 $ 914,091 $ 57,130 $ 1,831,221 2044 $ 914,000 $ 860,599 $ 58,272 $ 1,832,872 2045 $ 970,000 $ 803,748 $ 59,438 $ 1,833,186 2046 $ 1,031,000 $ 743,414 $ 60,627 $ 1,835,041 2047 $ 1,095,000 $ 679,286 $ 61,839 $ 1,836,125 2048 $ 1,163,000 $ 611,177 $ 63,076 $ 1,837,253 2049 $ 1,235,000 $ 538,839 $ 64,337 $ 1,838,176 2050 $ 1,312,000 $ 462,022 $ 65,624 $ 1,839,646 2051 $ 1,394,000 $ 380,415 $ 66,937 $ 1,841,352 2052 $ 1,480,000 $ 293,708 $ 68,275 $ 1,841,984 2053 $ 1,572,000 $ 201,652 $ 69,641 $ 1,843,293 2054 $ 1,670,000 $ 103,874 $ 71,034 $ 1,844,908 Total $ 23,856,000 $ 29,367,917 $ 1,622,723 $ 54,846,640 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 53 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT G-1 - MAPS OF INITIAL COMMON TO ALL IMPROVEMENTS -HI -LE ZAIr LJA ENGINEERIN ENGINIERINC FlRN F'.'.'.. II I w + f j - II III I _ I : = i.i DIAMOND BEACH. HOLDINGS _ RN H �I I - { _e. _ _ NORTHPADRE C IAP ISLAND INITIAL IMPROVEMENTS - COMMON TO ALL AREAS . . F I I EXHIBIT H ' WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 54 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT G-2 - MAPS OF IMPROVEMENT AREA #1 IMPROVEMENTS HI -LE f1 rTip � W `I:M-.P-R0 VSE M E IV-T 55 i f .•�+ it 1 r I - � ti 1 L 41 fes'!v`Jrrfr } `1k 1 .➢ i. f . \t 4 \ R - ,' `4 x i�`• _ AuroCADSHXText r 4VW � F [J' / , DIAMOND BEACH �r ti8 HOLDINGS ` f _ ENGINEERING W" ITECAP f NORTH PADRE ISLAND - -.�.hJEERIhIG FIRM F-1366 �. ..� IIMPROVEMENT AREA*1 SITF,STREET,&STORM PID DIRECT PUBLIC IMPROVEMENTS EXHIBIT D WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 55 FINAL SERVICE AND ASSESSMENT PLAN HI 1E `J I �x l _ kx f � SII _ M1t i IMPR._gV'EME` T I - ►I I cm sin i F 11 _ y * If x L ,.gar �. 7r � f� ✓�1��i� ;R y� IT f } DIAMOND BEACH HOLDINGS LJA ENGINEERING f WHITECAP r" —YAD ENGINEERING FIRM F-'366 NORTH PADRE 15 L A N E -,yo-s S.P. v a-: J IMPRO"ENT AREA*1 WATER PID DIRECT PUIBLIC IMPRCIYEMENI EXHIBIT E WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 56 FINAL SERVICE AND ASSESSMENT PLAN .s.Al. ILE x t I W I..M...R'R.O V�µE ME'n,_T k QKPMF W y .e412 rr W I 116—Flu # .. -- x. 4 r)e r ' F I DIAMOND REACH f HOLDINGS a 1 W ENGINEERING WHITECAP lEUS@iCaHEf EN �� f ' {NORTH PADRE ISLAND ' HiliG FIRM F-1366 i 53M8&-p+.emw awry IAAPROVEMENT AREA#1 WASTEWATER iseapr Chrm.Tua�79411 •� PID DIRECT PUBLIC IMPROVEMENTS `rW.38, '8560 '. EXHIBIT F WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 57 FINAL SERVICE AND ASSESSMENT PLAN LMH OaL�IS aE]E'� FCRNFOMl WAP '.p Lr W jl}RU a 0—P,E—9B-1 a+3,=c �b SV xpi BE u E0 Fbu ctlrvSNJcigrv.EOONG CR PDMi WP4V^iS 0 f— EfkvrgTRMVxk %�R.[xw. E+xlHwDkk j (rim9) IORc v.KR C] IbPt M q 4� om� EY9 m p A 5 'xs�Ewxm+ wsio _ x G) `o�w I UNE pursuer q Y TYPICAL RESIDENTIAL LOCAL STREET&UTILITIES ElRR!/NKK ExrRlwGRk [�PpRi®Y "I 9 soawx �` .-B"COrvCPEfE PwErElfi Slf✓FEr III—" 5�J`i N'aSIEF'0.lEH ZINE \ SiORN iFA'II�E iEP Il�E - ' [—wwr q [ of rc Pear q "Y TYPICAL CR-2 LOCAL STREET&UTILITIES E�IHwpRk ]9'—w Irac xxm e1 Ire Pwrt c] �7 �Enw b"CrxoxETE � - uiwEwErvT 3iRFET iE""`� E TYPICAL BOULEVARD&U x 5 wW, L T i��,-' TILITIES ,�,�P.,<i c _0Q wRDQ�Q mnom f� EncE � N4*r >A> _ 2VI z TYPICAL ALLEYWAY a WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 FINAL SERVICE AND ASSESSMENT PLAN 58 EXHIBIT H — FORM OF NOTICE OF ASSESSMENT TERMINATION P3Works, LLC TKS 9284 Huntington Square, Suite 100 North Richland Hills, TX 76182 [Date] Nueces County Clerk's Office Honorable [County Clerk] 901 Leopard St 9201 Corpus Christi, TX 78401 Re: City of Corpus Christi Lien Release documents for filing Dear Ms./Mr. [County Clerk] Enclosed is a lien release that the City of Corpus Christi is requesting to be filed in your office. Lien release for [insert legal description]. Recording Numbers: [Plat]. Please forward copies of the filed documents to my attention: City of Corpus Christi Attn: City Secretary 1201 Leopard St Corpus Christi, TX 78401 Please contact me if you have any questions or need additional information. Sincerely, [Signature] P3Works, LLC (817) 393-0353 Admin@P3-Works.com www.P3-Works.com WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 59 FINAL SERVICE AND ASSESSMENT PLAN AFTER RECORDING RETURN TO: [City Secretary Name] 1201 Leopard St Corpus Christi, TX 78401 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § THIS FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN (this "Full Release") is executed and delivered as of the Effective Date by the City of Corpus Christi, Texas, a Texas home rule municipality (the"City"). RECITALS WHEREAS, the governing body (hereinafter referred to as the "City Council") of the City is authorized by Chapter 372, Texas Local Government Code, as amended(hereinafter referred to as the "Act"),to create public improvement districts within the corporate limits of the City; and WHEREAS, on May 17, 2022,the City Council of the City approved Resolution No. 032761 creating the Whitecap Public Improvement District No. 1 (the"District"); and WHEREAS, the District consists of approximately 242.011 contiguous acres within the corporate limits of the City; and WHEREAS, on , the City Council, approved Ordinance No. , (hereinafter referred to as the "Assessment Ordinance") approving a service and assessment plan and assessment roll for the real property located with the District,the Assessment Ordinance being recorded on , as Instrument No. in the official public records of Nueces County, Texas; and WHEREAS, the Assessment Ordinance imposed an assessment in the amount of [amount] (hereinafter referred to as the "Lien Amount") and further imposed a lien to secure the payment of the Lien Amount(the "Lien") against the following property located within the District, to wit: WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 60 FINAL SERVICE AND ASSESSMENT PLAN [legal description], an addition to the City of[City], [County], Texas, according to the map or plat thereof recorded as Instrument No. in the Map Records of Nueces County, Texas (the "Property"); and WHEREAS,the Lien Amount has been paid in full. RELEASE NOW THEREFORE, for and in consideration of the full payment of the Lien Amount, the City hereby releases and discharges, and by these presents does hereby release and discharge, the Lien to the extent that is affects and encumbers the Property. EXECUTED to be EFFECTIVE this the day of , 20 . CITY OF CORPUS CHRISTI,TEXAS, A Texas home rule municipality, By: [Manager Name], City Manager ATTEST: [Secretary Name], City Secretary STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of ,20 ,by the City Manager for the City of Corpus Christi, Texas, a Texas home rule municipality, on behalf of said municipality. Notary Public, State of Texas WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 61 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT I -ANNUAL INSTALLMENT SCHEDULE FOR THE IMPROVEMENT AREA#1 REIMBURSEMENT OBLIGATION Installment Due Principal Interest[a] Total Installment 1/31 2025 $ 290,000 $ 1,483,843 $ 1,773,843 2026 $ 308,000 $ 1,465,805 $ 1,773,805 2027 $ 327,000 $ 1,446,648 $ 1,773,648 2028 $ 348,000 $ 1,426,308 $ 1,774,308 2029 $ 369,000 $ 1,404,663 $ 1,773,663 2030 $ 392,000 $ 1,381,711 $ 1,773,711 2031 $ 417,000 $ 1,357,328 $ 1,774,328 2032 $ 443,000 $ 1,331,391 $ 1,774,391 2033 $ 470,000 $ 1,303,836 $ 1,773,836 2034 $ 500,000 $ 1,274,602 $ 1,774,602 2035 $ 531,000 $ 1,243,502 $ 1,774,502 2036 $ 564,000 $ 1,210,474 $ 1,774,474 2037 $ 599,000 $ 1,175,393 $ 1,774,393 2038 $ 636,000 $ 1,138,136 $ 1,774,136 2039 $ 676,000 $ 1,098,576 $ 1,774,576 2040 $ 718,000 $ 1,056,529 $ 1,774,529 2041 $ 762,000 $ 1,011,870 $ 1,773,870 2042 $ 810,000 $ 964,473 $ 1,774,473 2043 $ 860,000 $ 914,091 $ 1,774,091 2044 $ 914,000 $ 860,599 $ 1,774,599 2045 $ 970,000 $ 803,748 $ 1,773,748 2046 $ 1,031,000 $ 743,414 $ 1,774,414 2047 $ 1,095,000 $ 679,286 $ 1,774,286 2048 $ 1,163,000 $ 611,177 $ 1,774,177 2049 $ 1,235,000 $ 538,839 $ 1,773,839 2050 $ 1,312,000 $ 462,022 $ 1,774,022 2051 $ 1,394,000 $ 380,415 $ 1,774,415 2052 $ 1,480,000 $ 293,708 $ 1,773,708 2053 $ 1,572,000 $ 201,652 $ 1,773,652 2054 $ 1,670,000 $ 103,874 $ 1,773,874 Total $ 23,856,000 $ 29,367,917 $ 53,223,917 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings, or other available offsets could increase or decrease the amounts shown. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 62 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT J-1 - DISTRICT LEGAL DESCRIPTION I LNV Solutions Today with a engineers i architects I contractors Vision for Tamarraw 30.68 ACRE TRACT Field Notes Description S 11014 I NC"I I I EE BOUNDARY OF A 30.68-ACRE TRACT OF LAND I[I.H I'.N DESCRIBED AS"TRACT 4", COMI'R1SE D OF A PORTION OF LOT 27C OF THE PADRE ISLAND-CORPUS CHRISTI ISLAND FAIRWAY ESTATES,HEREAFTER REFERRED TO AS P.I.C.CS.F.E,A NiAF OF VIECH IS RECORDED IN VOLUME .7. P:'7GE 774. MALP RECORDS, NUECES COUNTY, TEXAS, A PORTION OF BLOCK 2r, OF I:HF BLOCKS 24.33, A MAP OF WHICH IS RECORDED 1N 411; I':>.GE 154, MAP P:I'(-ORI)5, Ilk,F:C1-:S COUNTY,TEXAS A PORTION OF TfIF,11.1.( .1 .:11)(.KS 43-44,A MAP OF I 15 RFfC1OR1)11)TN I,(A_UME 42,PAG I'. I:), [tI-:('O1t175, P:.JOLN I V.'I-I:XAS,AND 1, I,110Nti O E3LC1CK.ti,:?4.15'ANO 36 OF THE k'.LC.C.I.f.If,i l O[:KS z.i,",.i\1)1n..A MAP OF WHICH IS I'.I CORDI{1)IN V01-1-M".4[l,PAGE 183,MAI'RI,:('OR.i)S,NUT(:: CC:)I N I'Y. !'I?: .>.5.&II)III OCKS 26, .. '5.47,44,A\1)%IIQ Ii I1N[)F 131 OC K 34 NO" V.aCA IH)Ati I'I`.Id I'I_''.1 RI;('f)!2-.)1.17[\:VUL[i.V1E57, 1',it.F:6.0z,N1 AP RI:('ORS)5.N';;F(!-ti CC[)[.'V I Y, I"F7(.AS,SAll)+Ii.6k AI;I-IRLAC•T I 3 I Ni1 MORE FULLY 11ti( REIS11)BY MICI I;S AND ROC ""'[A AS Tol I Ow'S; EECINNINGI Al'A.5'K INCA IRON R[31)(Y 17.115,_595.64.X--L396.449.R'61 FT)l!N 17 ON`PIIF�SOU'I-H RIGIIT-OF-WAY LIN]-.CF ESIRA.D,•1 IMP,I- (50' it.f).K'.i, SAMF HFPR(.I ON I'llE 50'._'MI[ [_ItiE OF A CALLE•L)3.766-ACRE TRACT KNOW N AS A"RJ(;]]T-I it<1V,1,Y FASI•:+d131'IE OR'1-1[1,:hQUAR11.1S STREET RE-ALIGNMENT" DESCRIBED IN A DGED'lO 1TII. C]1 V Of COLI"LS LAIRlt;1 AS RECORDED IN DOCUMENT NO. 2011039226, OFFICIAL RECORDS, NLI:C'k•:S [:(]C;KR'i, TEXAS, FOR THE UPPER NORTHWEST CORNER OF LOT 21,SAID BLOCK 34,FOR AN EX I FIUOR CORNER OF SAID LOT 27C, AND FOR A CORNER HEREOF; THENCE: S 02'1621"E,ALONG THE WEST LINE OF SAID LAT 21,BLOCK 34,A DISTANCE OF 47.77 FEET TO A 518 INCH IRON ROI}FOUND,FOR A CORNER HEREOF; 'IIIENCR; S 44°4916" E.A DISTANCE OF 280,79 FEET TO A 518 INCH IRON ROD FOUND FOR A C0�,9 MON('OKNF..R OF LOTS 21 AND 22,SAID BLOCK 34,AND FOR A CORNER HEREOF; THENCE: N 37'2 5'07' 1',ALONG THE CO!k4N10NIINLOFSAID 1.CIMS:!.; AND22,ADISTANCE OF293.16 FEET TO.A 7:5 INCH IRON ROD FOUND ON I1[1 SOI fIH RIGI11-ill-14'A.Y I.1NI•:CIF COMM ODO R.E'S DRIVE{120:R.[Y l )Li YC'?.1'1'.])CN A NON-I'WGI-:N r C:I;itvl 10 i III::I.1`.I-1',�k'I 111,t RADIOS[)1'�62.11 FEET,A CHORD BEAMNi 01;S 67:fW-,T I`.ANI)A.(:I IORD I.FM i I I I OF 109_'6 F.F.1,FOR A CONNER HEREOF; THENCE: A I ON(I S A 11)C:R V 1:I"O'I III•I.I f I,AN ARC I.1`X{;1710F 109.43 F1;N 1'TO A 518 INCH IRON ROD FOUND,FOR ACOM M,')N CORNER OF 1[)'1'S 1?AN1)3.3.SAID HLOCK 34,FORA COR NFR HFRFOF; THENCE: S 29'44'12"W,ALONG THE(I ONION i ",f ()g ti;Stl)LATS 22 AND 23,A DISTANCE-OF 200.97 FEET TO A 518 rNCH IRON ROD FOUN1).F[YR a Q)R N I.R I I I:R 1;01? THENCE: S 09"54'41"W,A DISTANCE OF??5.54 1;1;171 TOA POINT',FORA C'ORNE'R HEREOF; THENCE: S 13°36'58"E,A DISTANCE OF 55.06 FEET TO A POINT,FOR A CORNER ITEREOF; THENCE: S 05°18'06"E A DISTANCE OF 181.88 FUE:T TO A POINT LOCATED ON A CUKVI MINE RIGHT,WITH A RADIUS OF 91.11 FEET,A CHORD BEARING OF S 05°22'28"W ANDA CHORD LENGTH OF 33.76 FEET,FOR A CORNER I3EREOF; THENCE: ALONG SAID CURVE TO THE.RIGHT,AN ARC LENGTH OF 33.95 FEET TO A POINT,FOR A. CORNER HEREOF; THENCE: S 19°49'40"W,A DISTANCE:OF 126.03 FEET TO A POINT LOCATED ON A CURVE TO THE LEFT,WITH A RADIUS OF 133.47 FEET,A CHORD BEARING OF S 10'19'44"W AND A CHORD LENGTH OF 98,40 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO TILE LEFI',AN ARC LENGTH OF 100.78 FEET,TO A POINT,FOR A CORNER HEREOF; THENCE: S 10°15'25"E,A DISTANCE OF 115-67 FEET TO A POINT LOCATED ON A CURVE TO THE LEFT,WITH A RADIUS OF 142.77 FEET,A CHORD BEARING OF S 24°43'36"E AND A CHORD LENGTH OF 66.19 FFE I,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 56.80 FEET,TO A POINT,FOR A CORNER HEREOF; THENCE: S 06°1608"E,A DISTANCE.OF 4,08 FEFT TO A POINT,FOR A CORNER HEREOF; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 63 FINAL SERVICE AND ASSESSMENT PLAN THENCE: S 38'10'10"E,A DISTANCE OF 46.88 FEET TO A POINT,FOR A CORNER ITFREOF; THENCE: S 67"58'17"E,A DISTANCE OF 421 FEET TO A POINT,FOR A CORNFR HFRFOF; THENCE: S41°14`16"E,A DISTANCE OF 74.54 FF.FFTO A POINTLOCA I ED ON A CURVE CU THE LEI I', WITHARADIUS OF348.6IFEET,ACHOR]]13F:AKIN(1[ FS 52' ti'Iz�"L•ANDACMORDLENGTIIOFl12.41 FEET,FOR A CORNER HEREOF; THENCE: AI.Oti(i SAID CURVE TO TIIE LEFT, AN ARC LENGTH OF 112.51 FF:F:I '10 A POINT LOCATED O\A REVERSE CURVE TO THE RIGHT,WITH A R.ADlUS OF 35.56 FF.F i'.A CHORD BEARING OF S 2753'47"E AND A CHORD LENGTH OF 48.08 FFF.T,FOR A UORNI:R HERLOI; THENCE. CONTINUING ALONG SAID REVERSE:CIIRVF.'10 ME RIGHT,ANARC LENGTH OF 52.79 FEET TO A POINT,FDR A CORNER H F.RF OF; THENCE: S 05155'22"W.A D1.15TANCY.OF 96.67 FEET TO A POINT LOCATED ON A CURVF TO THE LEFT,WITH A RADIUS OF f;3S.8?I I 1,.A CHORD BE 1RLNG OF 5 031(}7'54"W AND A CHORD LENGTH OF 76.16 FEET,FOR A CORN F R H I iREOF; THENCE: ALONG SAID CURVE TO TIIE LEFT,AN ARC Ll-NGTH OF 76.21 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S OO']T08"E,A DISTANCE OF 77.05 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 00'18'00'L,A DISTANCE OF 84.81 FEET TO A POINT LOCATED ON A CURVE TO THE LEFT, WITH A RADIUS OF 1638.83 FEET,A CHORD REARYNG OF S 07°33'45"E AND A CHORD LENGTH OF 112.26 FEET,FORA CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 112.28 FEET TO A POIT LOCATED ON A RFV FRSE CURVE TO THE RIGHT WTFH A RADIUS OF 388.61 FEET.A CHORD BEAF INC OF S 02'34'53'E AND A CHORD LENGTH OF 93.96 FEET,FOR A CORNER HEREOF; THENCE! ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 94,29 FEET TO A POI N 1.FORA CORNER HEREOF; T111,:NCE: S 04°21'45"W,A DISTANCE OF 63.40 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 07'00W W,A DISTANCE OF 83.11 FEET TO A POINT,FOR A CORNER HEREOF; THFNCE: S 08°21'00"W,A DISTANCE OF 169.70 FEET TO A POINT LOCATED ON A CURVE TO THE LEY 1,W'FFH A RADIUS OF 86.27 FEET,A CHORD BEARING OF S 08°46'50"E AND A CHORD LENGTII OF 58.39 TLET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 59.57 FEET TO A POINT,FOR A CORNER HF:RFOF; TH KNCE: S 2813342"E,A DISTANCE OF 53.03 FEET TO A POINT,FOR THE SOUTHEAST CORNER HEREOF; THENCE: N 88°39'54"W,A DISTANCE OF 56.61 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 07'04'31"W,A DISTANCE OF 12.21 FEET TO A POINT,FOR THE SOUTHWEST CORNER HEREOF; THENCE: N 12'03'35"W,ADISTANCE OF 797.57 FEET TO A POINT,FOR A COMMON CORNER OF SAID LOTS 27C AND 27D,AND FOR A CORNER HEREOF; THENCE: N 75155'16"W,ALONG THE COMMON LINE OF SAID LOTS 27C AND 27D,A DISTANCE OF 532.65 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 04116'50"E,CONTINUING ALONG THE COMMON LINE OF SAID LOTS 27C AND 27D,A DISTANCE.OF 200.23 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 29'26'35"W,CONTINUING ALONG THE COMMON i TNF,OF SAID LOTS 7?C;AND 17n,a DISTANCE OF 1,206.29 FEET TO A POINT ON THE NORTH LINE OF SAID R.O.W.FASkNl E N"'I',FOR 111L NORTH W i'`[ CORNER IIEREOF; THENCE:: N68'44'S9"E.AL.Oti(il lF.NORH4LINEOFSAMR.(1.%k;-F:A4I:VIFNT,ADISTANCE-OF69?.30 FEET TO APOINT LOCA T1)ON A CURVE TO THE RIGE11',WITH A RADIUS OF 410.00 FEET,A CHORD BEARING OF N 78'00'59"F.AND A CHORD LENGTH OF 132.04 FEET,FOR A CORNER HER F.OF; THENCE: ALONG;SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 132.62 FEE F TO A POINT,FOR A CORNER HEREOF; 21 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 64 FINAL SERVICE AND ASSESSMENT PLAN THENCE: N 87°16'57"E,A DISTANCE OF 152.58 FEET TO A POINT LOCATED ON A CURVE TO THE LEFT,WITH A RADIUS OF 139.50 FEET,A CHORD BEARING OF N 71°21'24"E AND A CHORD LENGTH OF 76.56 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE VD THE LEFT,AN ARC LENGTH OF 77.55 FEET TO A POINT LOCATED ON A COMPOUND CURVE TO THE LEFT,WITH A RADIUS OF 20.52 FEET,A CHORD BEARING OF N 1259'47"E AND A CHORD LENGTH OF 27.39 FEET,FOR A CORNER HEREOF; THENCE: CON€INUING ALONG SAID COMPOUND CURVE TO THE LEFT,AN ARC LENGTH OF 29.99 FEET'I 0 A 5 n INCH IRON ROD FOUND ON THE SOUTTI RIGHT-OF-WAY LINE:OF SAID COMMODORE'S IIRIVF.LC7CATIEII ON A NON-TANGENT CURVE TO THF:LEFT,WITH A RADIUS OF 492.33 FEET.A CHORD BEzUUNG OF S 36°01'52"E AND A CHOKD LLNGTII OF 109.12 FELT,FOR THF;NORTHEAST CORNER HPRFOF; THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 109.34 FE:E 1'I'O A 5'8 INCH IRON ROD FOUND AT FHE INTERSECTION OF COMMODORE'S DRIVE AND ESTRADA DRIVE LOCATED ON A NON-TANGENT CURVE TO THE LEFT,WITH A RADIUS OF 10.00 FEET.A CHORD BEARING OF N 84°42'48"W AND A CHORD LENGTH OF 13.58 FEET,FORA CORNER I•IEREOF-, THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 14.93 FEET TO A 518 INCH IRON ROD FOUND LOCATED ON A REVERSE CURVE TO THE RIGHT,WITH A RADIUS OF 219.50 FEET,A CHORD BEARING OF S 69°55'45"W AND A CHORD LENGTH OF 131.43 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 133.48 FFA T TO A 518 INCH IRON ROD FOUND.FOR A CORNER HEREOF; THENCE: S 872127"W,CONTINUING ALONG T"H E SOUTH LINE OF SAID R.O.W.EASEMENT,SAME BEING THE SOUTH LINE OF SAID ESTRADA DRIVE R.O.W.,A DISTANCE OF 153.91 FEETTO THF:POINT OF BEGINNING,CONTAINING WITHIN THESE METES AND BOUNDS A 30.68-ACRE T'RAC I,SA4T AND EXCEPT 0.38-ACRES WITHIN TILE PLATTED PUBLIC RIGHT-OF-WAY,WITH A NET ACREAGE OF 30.30 ACRES,MORE OR LESS; NOTE: AN EXHIBIT REPRESENTING A GRAPHIC I-MACE OF THIS DESCRIPTION STYLED AS "SHEET 4 OF 5-30.68-ACRE TRACT"ACCOMPANIES THIS DOCUMENT.THE BASIS OF BEARING IS TEXAS STATE PLANE COORDINATE;SYSTEM NAD 83,SOUTH ZONE. September 2.8,2018 Job,No. 170146 hP.:EotisrFq� �9 •cam:a � a'4tP I.Rodarte 1.... ....................:...� VIERA e;;: J '❑ -. ..fi17B"� Q �s WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 65 FINAL SERVICE AND ASSESSMENT PLAN Lmv engineers nrc'titect, contractors Solutions Today with a 9 � Vision for Tprreprraw 74.39 ACRE TRACT Field Notes Description SHOWING THE BOTI TDARY OF A 74,39-ACRE TRACT OF LAND HERE N_ DFSCRIBFD AS"TRACT I", COMPRISED OF APORTION OF THE PADRE ISLA-141)-C'OILI'CS CIIIUS'111SLAN D FAIR WAY LS'IAt'ES, HEREAFTER REFERRED TO AS P.I.C.C.I.F.E.,LO'1 ti 27( ANI)?.71)•A N1AI'()F W IIICri IS KUCOIR1)1_D IN VOLUME 67,PALL 779,MAY RECORDS,NIECES COUNTY.TEXAS.A.PORTION OF TME I'1C.C.1.I•.E,, BLOCKS 24-33,A MAP OF IVIIIC14 IS RECORDED rN VOE.1 T1F 4(,PAGE 154.MAP RECORDS,NT7F.CFS COUN I Y, I F%AS, ANT) A PORTION OF TI IF P.I.C.C:.I.F.I:., BLOCKS ',3 44, A NEAP OF WHICH IS RLCORDE.D RNVOLUNIF.42,PAGE 10,N1AP RECORDS,NU1:CLS COUN I Y,CL:X.AS,SAID BLOCKS 26,43, AND 44 ,°OCL'VACATED AS PER PLAT RECORDL•D 1N VOLLML h?,P GL 688,N1A1'1CLCO1U)S.N-UECES COUNTY.'I-EXAS,SAID 7439-ACRE TRACT BEING MORE FULLY DESCRIRFD RY I IFTFS AND ROUND.S AS FOLLOWS, BEGINNING: AT A 518 INCH IRON ROD(Y= 17,71E 051 66,x=1,395,I99.05)FOUND ON THE EAST RIGHT-OF-WAY LINE OF DASMARINAS DRIVE(60'R.U.W.E,FOR A CORNED OF SAID LOT 27D,FOR THE SOUTHWEST CORNER OF SAID BLACK 33,AND FOR THE SOUTHWEST CORNER HEREOF; THENCE: N 00°45'30"E,ALONG THF EAST RIGHT-CIF-WAY OF DASMARINAS DRIVE AT'322.94 FEE`[ PASS A Sig INCH IRON ROD FOUND,FOR THE.NORTHWEST CORNER OF SAID BLOCK 33,IN ALL A DISTANCE OF 362.60 FEET TO A Sig INCH IRON ROD FOUND,FOR THE SOUTHWEST CORNER OF BLOCK 32 OF SAID P.I.C.C,LF,E.,AND FOE,A CORNER HEREOF; THENCE: N 81'19'28"E,ALONG THE SOUTH LINE OF SAID BLOCK 32,A DISTANCE OF 101.69 FEET '10 A 518 INCH IRON ROD FOUND,FOR A CORNER HEREOF: THENCE: S 89°05'55"E,CONTTNUI G ALONG THE SOUTH LINE OF SAID BLOCK 32,A DISTANCE OF 7431 FEET TO A 518 INCH IRON ROD FOUND,FOR A CORNER I=OF'; TTIENCF: S 74°13'03"E,A DISTANCE OF 74.31 FEET TO A 518 INCH IRON ROD FOUND LOCATED ON A CURVE TO THE LEFT WITH A RADIUS OF 169.95 FLET,A CIIORD BEARING OF N 00°46104"E,AND A CHORD LENGTH OF 328.39 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO TI-IE LEFT,AN ARC LENGTH OF 622.59 FEET TO A POINT,FOR A CORNER HEREOF; THENCE.: S 75°49'07"W,ALONG THE NORTH LINE OF SAID BLOCK 32,A DISTANCE OF 74.25 FEET TO A S.'8 INCH IRON ROD FOUND,FOR A CORNER HEREOF; THENCE: N 89°11'I0"W.A DISTANCE OF 73.86 FEET TO A 5i8 INCH IRON ROD FOUND,FOR A CORNER HEREOF; THENCE: N 79°52'11"W,CONTINUING ALONG 1'HE:NORTH LINE OF SAID BLOCK 32,A DISTANCE OF IOL66 FEETTO A 518 INCA IRON ROD I'OUND ON THE EAST RIGHT-OF-1 7AY I.TNF OF DASMARINAS DRIVE,FOR THE NORTHWEST CORNER Of:SAI D BLOCK 32,AND FOR A CORNER HI-AEOF; THENCE: N 00°43'06"F,ALONG THE EAS•I RIGS I-OI;-WAY LINE OF SAID BLOCK 32,A DISTANCE OF 55.99 FEET TO A 518 INCH IRON ROD FOUND,FOR THE SOUTHWEST CORNF R OF BLOCK 31 OF SAID P.I.C.C.I.F.E.,AND FOR A CORNER HEREOF; TIILYCE: N FI'3014"E,ALONG THE SOU114 LINE:OF SAID BLOCK 31,A DISTANCE OF 121.50 FEET To A S8 INCH IRON ROD FOUND.FOR THE SOUTHEAST CORNER OF SAID BLOCK 31,AND FOR A CORNER IIERFOF; THF,NCE: N 00"56'05"I,ALONG THE EAST LENT OF SAID BLOCK 31,A DISTANCE OF 159.98 FEET TO A 518 INCH IRON ROD FOUND LOCATED ON A CURVE TO TIM RIGHT V F1TH A RADIUS OF 1698.2D FEET, A CHORD BEARING OF N l3°06'15"E,ARID A CHORD I.FNC,1 H OF 735.26 FELT,I'Olt A CORNER IIEREOF; THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC"I.F.NG IH[T1 i,11 20 FEET TO A 5 8 INCH IRON ROD FOUND T.00ATFD ON A C:()NTPOUND CURVE 1-0 THE RICII I W1TII A RADIUS OF 14'0.48 FFFT,A CvHORD 13FARL'tG Ol N 33°46'58"E,AND A CHORD LENGTH OF 3,8.Of,I-KYJ-FOR A CORNER HEREOF; THFtNCE: CONITNL ING ALONG SAID COMPOUND CURVE TO THE R1GH1',AN ARC LENGTH OF 379.17 FEET TOA 5.;8 NCH IRON ROD FOUND,FOR A CORNER IIEREOF; THENCE; N 40'34":7"F.,CONTINI II.N(341:.ON(; 11111 FAST LINE OF SAID BLOCK.31,A DISTANCE OF 57.241,1-.F:1 10 A 5 8 INCH IRON ROL)1,Ol.IND ON THE SOUTH R10HT-OF-W AY I.IN1:(K CROWN ROYAL DRIVE(R.O.W.VARIES)OFTHE P,f,C.C.IY,E.,13WCK30,A MAP OF WHICH IS RECORDED IN VOLUME ilc„t� WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 66 FINAL SERVICE AND ASSESSMENT PLAN 40,FA(;f7 181,MAP RFCORUS,NLLCES COI.NTY,TEXAS,FOR THE NORTHEAST CORNER OF SAID BLOC L 31,AND FOR A CORNER HEREOF; THENCE: S 52°52'51"F.,ALONG THE SOUTH RIGHT-OF-WAY LINE OF CROWN ROYAI.DRIVE.,A I)TSTAN('F OF 293.20 FEET TO A 518 INCH IRON ROD FOUND,FOR'THF NORTH W ES I'CORNER OF LOT 1,I3LOCK 30,OF SAID P.I-C.C-ISLAND FAIRWAY ESTATFS,AND FORA CORNER IIEREOF;. THENCE: S 37'05'42'W,ALONG THE WEST LINE OF SAID BLOCK 30,A DISTANCE OF 73.43 FEET TO A 518 INCII IRON ROD FOUND,FOR A CORNER HEREOF; THENCE: S 1513424"W,CONTINUING ALONG THE WEST LINE OF SAID BLOCK 30,A DISTANCE OF 649.08 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 30°05'45" E,A DISTANCE OF 400.73 FEET TO A 518 INCH [RON ROD FOUND,FOR A CORNER HEREOF; THENCE- N 8414644"E,A DISTANCE OF 135.17 FEET TO A 518 INCH IRON ROD FOUND,FOR A CORNER HEREOF; THENCE: N 53°1948" F,A DISTANCE OF 190.19 FEET TO A 518 INCH IRON ROD FOUND,FOR A CORNFR HEREOF; THENCE: NO3'59'08"F,ALONG 11.1L CAST L1NH OF SAID BLOCK 30,A DISTANCE OF 220.23 FEET TO A 518 INCH IRON ROD FOL\ID.FOR A CORNER HEREOF; THENCE: N,3!"'n9'14 F,CONTINUN(1 ALONG TIIE EAST LINE OF SAID BLOCK 30,A DISTANCE.OF 474,931:1I[il. 10n­' INCH IRON ROD FOLND,FOR A CORNER HEREOF, TIII,NCE, N 40°01'58"W,A DISTANCE OF 115.07 FEET TO A 518 INCH IRON ROD FOUND,FOR THE NORTHWEST CORNER OF LOT 23,BLOCK 30,LOCATE])ON A NDN-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 104.611'EET,A CHORD SEARING OF N 31130'06'E,AND A CHORD LENGTH OF 61.36 FEET,FORA CORNER HFREOF: THENCE: ALONG C.PIRVI'TO'll-IF T.FFT,AN ARC LENGTH OF 62.27 FEET TO A5/8 INCH IRON ROD FOUND,FOR THE SOUTHW ES I COkNER OF LOT 24,BLOCK 30,AND FOR A CORNER HEREOF; nf FNCE: S 74103'33"E,ALONG TH Ir SoU-1'H LINE OF SAID LOT 24,A DISTANCE OF 112.87 FEET TO A I,*INCH IRON ROD FOUND,FOR;1 C:ORNLR HEREOF; THENCE: N 3015045"E,CONTR,LUING A[.ONG THE EAST LINE OF SAID BLOCK 30,A DISTANCE OF 235.115 FEET TO A 518 INCA IRON ROI)FOUND,I OR A CORNER HEREOF; TIIENCF.: N 23°48'25"W,A DISTANCE OF 259.46 FE1»'T TO A 518 INCH.IRON ROD FOUND,FOR A CORNER Tltt?NCE:: N 39'34'30" E,.A DISTANCE OF 224.73 FEET TO A 518 INCH IRON ROD FOL"ND,FOR A CORNE,h HERL01; THENCE: N 16154125"W,A DISTANCE OF 2.2.0.32 FEEL'TO A 518 INCH IRON ROD FOUND, FOR A CORNER HEREOF; THENCE: N 39°02'15"W,A DISTANCE OF 180.41 FEET TO A 518 INCH IRON ROD FOUND,FOR A CORNER HEREOF; I HENCE: N 87°28'42"W,A DISTANCE OF 120.19 FEET TO A 518 INCH IRON ROD FOUND,FOR A C'ORNI:R IIEREOE THENCE: S 51°27'50"W,ALONG THE W ES'1LINE OF SAID BLOCK 30,A DISTANCE OF 135.13 FEET TO A 518 INCH IRON ROD FOUND,FOR A CORNER HEREOF; THENCE:: S30'311'04"W.CONTINUING ALONG'IHE WEST LINE OF SAID BLOCK 30,A DISTANCE OF 27(}.1.5 1 LLT TO A 5i8 1NC.11 IRON ROD FOUND,FOR A CORNER HEREOF;. THF CE:: S 24°0241"W,A DISTANCE OF 249.57 FEET TO A 518 INCH IRON ROD FOUND,FOR A CORNT�R HEREOF; TrIENCT.: S 36'57'46"W,A OISTANCF OF 16.0.17 1-EET TO A 518 IN(_lT IRON ROT)FOUND ON THE NOR1 H R1GIIj-OF-WAY LINE OF CROWN ROYAL DRTVI:.FOR TIIF.SOI;THW'ES'1'CORNER OF LOT 45, BLOCK,i0,AND FOR A CORNER HEREOF; THENCEL: N 5_°73'1 I"W_ALONG THE NOR fIl RIGITT-OF-Ik AY I.INI-OF CROIL N ROYAL DRIVE A DIST,'ACF.OF 229.48 FFF 1 10 A 5;8 INCA IRON ROD SL I',Ht R'FI-11;SCIUTUEAST CORNER OF LOT 8, BL[lt'IC :7.9,OF SAID R.I.C.C.I.F.F'., LOCATED ON A NON [":tiNGE1tiT CLTRVF. 'FO-i HE LEFT WITH A RA(71I.S OF 1718.IQ LEFT,A CHORD BEARING OF N'30^32'33"F,AND A CHOW-)1..FNGTH OF 300.88 FEET, FOkACORNTR HEREOF: xl.. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 67 FINAL SERVICE AND ASSESSMENT PLAN THENCE: ALONG SAID CURVE TO TI'-W 1.1.1;1,AN ARC I.ENGTI-I OF'01,26 FFF.T TO A 5 F INCH IRON ROD I DUND LOCATED ON A COMPOUND CURVE-10 1 HE LEf 1 W1 11-I A 10IJILS OP 1C15G.40 FLET.A CHORD 13FARINGOFN 144646"E,AND ACHORD LENGTH OF 385.3 FFFI',FOR A C f)RNF:R HEREOF; THENCE: CONTINUING ALONG SAID COMPOUND CURVE TOTHE LLFI',AN ARC F.i.NGTH OF 8152 FFF:I 10A518INCH IRON ROD FOUND,FOR THENORTHEASTCORNER U1 L01'i,13LO(X29.Ati;)fOR A CORNER HEREOF; THENCE: N K6°MAV W.ALONG TIT NORTH LINE OF SAKI 1.0 1'1,BLOCK 29,A DISTANCE OF 119.90 FELT TO A 5;8 INCH[RON ROD FOUND ON TILL LAST RI[;1lf-OF-WAYLINE OF DASMARINAS DRIVE LOCATFD ON A CURVE TO THE LEF1 WITII A RADIUS OF 940.79 FEEL',A CHORD BEARLNG OF N [0'33'02'W,ANDA CHORD IYNG'14 OF 457.23 FEET,FOR A CORNERIIEREOF; THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 461.85 FEET TO A 518 INCH IRON To' ., 1141ND LOCATED ON A COMPOUND CURVE TO THE LEFT WITII A RAT)FI;S OF 61".98 FEET,A ,-HORD 13FARIN(.OF N 44145125"W,ANDA CHORD LENGTH OF 417.23 FEET,FOR A CORNER HEREOF; TI l E.NCE: CONTINUING ALONG SAID COMPOUND CURVE TO THE LEFT,AN ARC LENGT"HOF 425.59 1 I FT TO A 518 iNC:H IRON ROD SET,FOR A CORNER HEREOF; 'I HENCE: N 64°29'59"W,ALONG THE NOR 1 II R(GHT-OF-WAY LINF OF DASMARINAS DRIVE, A DISTAN(-F OF 53024 FEET TO A 518 INCH IRON ROD FOUND DOC A I F.J)[)N A CURVE TO THE RIGHT W11-HA R!D1US OF 10.13 FEET,A CHORD BEARING()F N 19-22-IS-W.ANTI ACHORD LENGTH OF 1.4.26 FLET,FORA CORNER HEREOF; "I'MENCL: ALONG C'URV I:1 O TTIE RiGHT.AN ARC.'LENGTH OF 15.82 FEET TO A 518 INCH IRON ROD FOUND ON 1-131. [-ASF RIGITT-OF-WAY L1NI,OF AQUARIUS STRFFI (61;' RO.W),FOR A CORNER HEREOF; THENCE: N 6429'20"W,ACROSS SAID RIGI-IT•OF-AVAY A'I RIGHT;ANGLES,AT 60.00 FEET PASS A 5.8 INCII[RON RODFOUN)ON THF:WEST R16111-OF-WAY LINF 01:',All)AQUARIUS STRFFT,1N A1.1. ,-A DIS I'ANCT OF 70.00 YEL I'I O APOLNT ON TI-IF WF.''T UNL OF A(-'ALf.F:1).3.766-ACRL•TRACT KNOWN A4 A 'R[(iH F-Or-WAY EASEMENT FOR IHL•AQUARIUS S IREL1 RF-.ALIGNMENU T)F[ RIRF.i?1ti A DITI)TO THE CITY OF CORPUS CHRISTI AS 1t1 C'(JIt1J1:17 iN DOCUMENT NO.2[};1:'3!_=r:;Ull JC-LL RECORDS,NL;ECFS COUNTY,TEXAS,SAID POINT .ALSO LOCATED Wl I H1N LO'I 8,f3l.:)C'K 0 Ql 7[IF PADRE ISLAND - CORPUS CHRISTI COMNIODORE'S (X)VE UNIT TWO, A MAP Of c[il;.'F{ IS RECORDED UNI VOLUME:3R,PAGE 36.NL%T R.ECOW)S.NFTCFS COUNTS',TFXAS,ATM. 'I'+:)K:A COICNLK HEREOF; 111FNCE: N u5`? 5"`F,ACROSS SAID BLOCK 9 AND ALONG 171F.A',F.tiT LINE:OF SAIL)KIGIIT-OF- %VAY FASYMEN 1,A DISTANCE OF 2.9.1.57 HEFT TO A POIN1'LOCAL Ell ON A CURVE TO T11F RIGHT W(111 A RADIUS OF 410.00 FFFT,A CHOiLD BEARING OF N 470627"E,AND A CHORD LENGTH OF 302.42 FFF 1,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 309.73 FEET TO A POINT ON THE NORTH LINE OF SAID R.O.W.EASEMENT,AND FOR A CORNER HEREOF; TIIENCE; N 68°44'59"E,ALONG THE NORTH LINE OF SALT]R.O-W.EASEMENT,ADISTANCE OF 374.14 FFF1''10 A POINT,FOR A CORNER HEREOF; TIIFNCF: S 29°2635"E,ACROSS SAID R.O.W.EASFMFNT AND ALONG THE UPPER WEST LINE OF SAI U LUT 27C,A DISTANCE OF 1,206.29 FF.F7'10 A POINT,FOR A CORNER HEREOF; `['HENCE: S 04116'50"W,ALONG THE COMMON LIN£OF SAID LOTS 27C AND 2711.A DISTANCE OF 200.23 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 75'55'16"F.,CONTINUING ALONG SAID COMMON LINE,A DISTANCE OF 532.65 FEET TO A POINT.FORA('ORNEF,FLLREOF; Tf I ENCE: S 12"03'35'E,A DIS 1 ANCE OF 797.57 FEET TO A POINT,FOR A CORNER HEREOF; THF,NCE: SO,u4'31"W.A DISI ANCF OF 134.93 FEET TO A POINTLOCATED ON A CURVE TO THE LEFT WITH A RADIUS OF 120.00 FLET,A CHORD HEARING OF S 12°10'01"E,AND A CHORD LENGTH OF 79.06 FEET,FOR"A CORNER HERLOF; T I E,NCE: AT ONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 80.56 FEET TOA POINT,FOR A CORNFR HERE-01; HI E"NCE: S 67'1-6'22'W,A Df�TANCE OF 55.80 FEET TO A POINT,FOR A CORNER HEREOF: T'HENC'E: S 11°19'46"W.A I)1S"1 A"CE OF 504.43 FEET TO A POINT LOCATED ON A C'l.-RVIF 1'0 THE LEF f WI I H A RADIUS OF S3 X75 FELT,A CHORD BEARING OF S 07°34'15"E,AND A CHORD LENGTH OF 43.11 FEET,FOR A CORNI R I i II REOF; THENCE- ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 44,39 FEET TO A POiNT,FOR A CORNER HEREOF; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 68 FINAL SERVICE AND ASSESSMENT PLAN THENCE: S 31'32'32"E,A DISTANCE OF 197.16 FEET TO A POINT,FOR A CORNER HFREOF; THEINCE: S 49'18'42'W,A DISTANCE OF 193.33 FEET TO A POINT LOCATED ON A CURVE TIC)THE LEFT WITII A RADIUS OF 300.00 FEET,A CHORD BEARING OF S 41°09'30"W,AND A CHORD LENGTH OF 85.09 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 85.38 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 33°00'19"W,A DISTANCE OF 188.80 FFFT TOA POINT LOCATED ON A CURVE TO THE RIGHT WITH A RADIUS OF 2.00.00 FEET,A CHORD BEARING OF S 401723"W,AND A CHORD LENGTH OF 50.71 FEET,FOR A CORNER HEREOF; THENCE: ALONG CURVE TO THE RIGHT,AN ARC L.ENG TH OF 50.85 FEET TO A POINT LOCATED ON A REVERSE CURVE TO TIIE LEFT WITH A RADIUS OF 200.00 FEET,A CHORD BEARING OF S 34°4814" W,AND A CHORD LENGTH OF 88.38 FEET,FOR A CORNER HEREOF; THENCE: CONTINUING ALONG SAID REVERSE,CURVE TO THE LEFT,AN ARC LENGTH OF 89.12 FEET TO A POINT,FOR A CORNER IIEREOF; THENCE: S 17'5532"E,A DISTANCE OF 128.44 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 15°08'15"W,A DISTANCE OF 311.97 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 55°4944"W,A DISTANCE OF 167,15 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 50123`30"W,A DISTANCE OF 253.12 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: 5 03°O5'34"E.A DISTANCE OF 97.65 FEET TO A POINT,FOR A CORNER HEREOF, T14JENCE: S 70°33'08"W,A DISTANCE OF 284.94 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 15103144"W,A DISTANCE OF 70.95 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 72°43'31"W,A DISTANCE OF 158.15 FEET TO A POINT ON THE EASTERN SIDE OF BLOCK 33 OF SAID P.I.C.C. ISLAND FAIRWAY ESTATES, LOCATED ON A NON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 170.00 FEET,A CHORD BEARING OF S 65°4732"W,AND A CHORD LENGTH OF 21 R.18 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 236.89 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 74°17'18"W,ALONG THE SOUTH LIVE OF SAID BLOCK 33,A DISTANCE OF 74.35 FEET TO A POINT,FOR A CORNER HEREOF; THEINCE: N 89`1619"W,A DJSI'ANCEOF 159.22 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 81°21'49"W,CONTINUING ALONG THF.SOUTH LINE OF SAID BLOCK 33,A DISTANCE OF 101.31 FEET TO THE POINT OF BEGINNING,CONTAINING NV I HIN TIIESE METES AND BOUNDS A 74.39-ACRE TRACT, SAVE AND EXCEPT 1.35-ACRES WHRIN THE PLATTED, UNOPENED PUBLIC RIGHT-OF-WAYS,WITH A NET ACREAGE OF 73.04 ACRES,MORE OR LESS; NOTE: AN EXHIBIT REPRESENTING A GRAPHIC IMAGE OF 'PHIS DESCRIPTION STYLED AS "SHEET 3 OF S—74.39 ACRE TRACT"ACCOMPANIES THIS DOC U M ENT.THE BASIS OF BEARING IS TEXAS STATE PLANE COORMNAT'L SYSTEM NAD 83,SOUTH ZONE. September 28,2018 t _0F.,.E Joh IVa. 170146 �P. �rsAEp Qfq� I.Radarte '�- m.vlFRA N! v 68 17 cq �aKcss oOg + e 70, 76 4IFa;;c WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 fig FINAL SERVICE AND ASSESSMENT PLAN Lmv Solutions Today with a engineers i architects I contractors Vision for Runorrow 72.31 ACRE TRACT Field Nates Description SHOWING THE BOUNDARY OF A?Z..{I.ACRE TRACT OF LAND HERLIN DESCRIBED AS'TRACT 2" COMPRISED OF A PORTION OF THE I':',PKE ISLAND-CORPUS CHRIS 1I ISLAND FAIRWAY ESTATES, HEREAFTER REFERRED TO AS THE P 1,!,.<.T.F.F,,,LOTS 2?C ASN D_'?D,A MAP OF WHICH IS RECORDED IN VOLUME 67,PAGE 779,MAP RECORDS,NUECES COUNTY,I I-XAS,A PORTION OF THE P.I.C,C.LF,E., BLOCKS 45&46,A MAP OI '.4"f 314"I I L�RECORDED IN VOLUML 4-1-PAGL 173,M Ul RECORDS,NUECES COUNTY,TEXAS,A POR"l:t;R ul 1111_P.I.C.C.I.F,F,BLOCK 3..A N3.AI'OF WHICH 1S RECORDED IN VOLUME 40,PAGE 145.MAP i:1(.'�1L VUECES COUNTY,TLXA5',AND P.I.C.C.i.F.F.,ALL OF BLOCKS 37,38,39,AND 40 A NIA?01 '.t HICH 1,1:FCORDED IN VOLUME 41,PAGE 128.MAP RECORDS,NUECES COUNTY,TEXAS,SAM-.;: ACRE'IRA(-I i i EING MORE FULLY DESCRIBED BY METES:AND BOUNDS AS FOLLOWS; BEGINNING: AT A 518 INCH IRON ROD(Y'°x 17,109,842.53,X-1,396,658.56)FOUND ON THE NORTH RIGIIT-7F-WAY LINE OF WHITECAP BOULEVARD (100' R.O.W.), FOR THE SOUTHEAST CORNER HEREOF; THENCE: N 89°1415"W,ALONG THE NORTH RIGHT-OF-WAY OF WIITTECAP HOUI.FWARD,AT 964.99 FEET PASS A 518 INCH IRON ROD FOUND,FOR THE SOUTHWEST CORNER OF SAID'LOT 27D,THE SOUTHEAST CORNER OF SALD BLOCK 37,IN ALL A DISTANCE.OF 1-5 16.00 FEET'1'0 A 5 8 INCH IRON ROD,FOUND FOR THE LOWER SOUTHWEST CORNER OF SAID BLOCK 40,LOCATED ON A CURVE TO THE RIGHT,WITH A RADIUS OF 9.98 FEET,A CHORD BEARING OF N 43°40'56"W AND A CHORD LENGTH OF 14.17 FEET,FORA CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 15.76 FEET,TO A 58 INCH IRON ROD FOUND,FOR A POINT ON THE FAST RIGHT-OF-WAY LINE OF DASMARINAS DRIVE(60'R.O.W.), FOR A CORNER HEREOF; THENCE: N (W48'13" E, ALONG THE EAST RIGHT-OF-WAY LINE OF DASMARTNAS DRIVE, A DISTANCE OF 459.87 FEET,TO A"INCH IRON ROD FOUND ON A CURVE TO THE RIGHT,WITH A RADIUS OF 2652.84 FEET,A CHORD BEARING OF N 04"48'03"E AND A CHORD LENGTH OF 370.55 FEET, FOR A CORNER HEREOF; THENCE: AT.ONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 370.85 FEET,TO A 518 INCH IRON ROD FOUND ON A REVERSE CURVE'1'0 THE LEFT,WITH A RADIUS OF 2559.67 FEET,A CHORD BEARING OF N 0448'55"E AND A CHORD LENGTH OF 341.30 FEET,I OR A CORNER HEREOF; THENCE: CONTINUING ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 341.56 FEET,TO A 5,1 INCH IRON ROD FOUND,FOR THE NORTHWEST CORNER OF SAID BLOCK 37,FOR A CORNER HEREOF; THENCE: N 00°12'31"F,A DISTANCE OF 9.87 FEET.TO A 5!8 INCH IRON ROD FOUND,FOR THE SOUTHWEST CORNER OF BLOCK 33 OF TTTF.P.i.t:.[:.].F'.L.,A N4AP OI; 1S RECORDED IN VOLUME 40,PAGE 154,MAP RECORDS,NUECES COUNTY,TEXAS,FOR TUE MOST WESTERLY NORTHWEST CORNER HEREOF; THENCE: N 81 2I'13"E ALONG; HIF SOUTH LINE OF SAID BLOCK 33,A DISTANCE OF 101.32 FEET TO A POINT,FOR A CORNER IIE.RF.OF; THENCE: S 99'16'19"E,A DISTANCE OF 159.22 DEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 74'17'18"2,A DISTANCE OF 7435 FEET TO APOTNTLOCATED ON ACURVE TO THE LEFT, WITH A RADIUS OF 169.97 FEET,A CHORD BEARING OF N 65"47'32"E AND A CHORD LENGTH OF 218.18 FEET,FOR A CORNER HEREOF; THENCE. ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 236.90 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 72'4331"E,A DI STN!:C L ��1 158.15 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 15°03'4.4"E,A DIS"[PNCE OF 70.95 FEET TO A POTN,FOR A CORNER HEREOF; THENCE: N 70°33'08"E,A DISTANCE OF 284.94 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 03°05'34"W,A DISTANCE OF 97.65 FEk T TO A POINT,FOR A CORNER HEREOF; THENCE: N 50°23'30"E,A DISTANCE OF 253.12 FEET TO A POINT,FOR A CORNER HEREOF; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 70 FINAL SERVICE AND ASSESSMENT PLAN THENCE: S 55'4944"E,A DISTANCE OF 167.15 FEET TO A POINT,FOR A CORNER H LRLOI'; THENCE: N 15°08'15"E,A DISTANCE OF 311,97 FEET TO A POINT LOCATFI)ON A C:UkVI 10 1 HE• RIGHT,WITH A RADIUS OF 145-00 FEET,A CHORD BEARING OF N 575616"°56'16"F,AND A CHORD L.EN G FH OF 188.52 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 205.23 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 81*30'53"E,A DISTANCE OF 207.33 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 2700'39"E,A DISTANCE OF 55.67 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 64°59'16"E,A DISTANCE OF 92.26 FEET TO A POINT LOCATED ON A NON-TANGENT CURVE TO THE RIGHT,WITH A RADIUS OF 390,00 FEET,A CHORD BEARING OF N 25'53'11"E AND A CHORD LENGTH OF 53-01 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 53.05 FEET TO A POE4T,FOR A CORNER HEREOF; THENCE;: N 29°47'00"E,A DISTANCE OF 362.I5 FEE;F TO A POINT,FOR A CORNER HEREOF; 'I'H ENCE: S 60°07'11"E,A DISTANCE OF 225.24 FEET TO A POINT ON THE NORTHWEST LINE OF SAID BLOCK 46,FOR A CORNER HEREOF; THENCE: S 29`52'06"W,ALONG THE NORTHWEST L1NF 01 tiAll)BLOCK 46,.A IDIS I ANCE OF 87.94 FEE"I, 10 A 3�8 INCH IRON ROU SEI,ICOR THE SOU 114WI.M CORNER OF L0 1 12,SAME BEING THE NORTHWEST CORNER OF LOT 13,SAID BLOCK 46,AND FOR A C ORNFR HLRLOI'; TTl F,NC F:: S 60'15'3fI"F..n I.C1NG TIIE COhIMON i.I h F:C?F LOTS 1:RND]3,:1]]fSTANCF OF 780.10 FEE`C, '1-0 A 5.;R INCIL IRON1 ROD SET ON THE NOR I HWEST RIGHT-OF-WAY LINT OF NEMO COURT(R.O.W. 4'ARIES),I,(.)R:A CORNLRIIERFOF; THENCE: S 29°45'01" W, ALONG THE NORTHWEST TU( IIT-(.)I:-WAr LINE OF NF'MO COURT, A DISTANCE OF 695.89 FEET TO A 518 INCH IRON ROD FOUND,[:OR THE SOU FHEAS l CORNER OF LOT 26,FOR A CORNER HEREOF; THENCE: S 76°11'24" W, A DISTANCE OF 27.65 FEET TO A 518 INCH IRON ROIL FOUND,FOR A CORNER HEREOF; THENCE: S 29°41'04'"W,A DISTANCE OF 100.29 FEET TO A 518 INCH IRON ROD FOUND,FOR THE SOUTHEAST CORNER OF LOT 28,BLOCK 46,FOR A CORNER IiEREOF; THENCE: S 59°5916"E,CONTINUING A1.OItiG THE RIGHT-OF-WAY OF NEMO COURF,A DISTANCE OF 109.90 FEET TO A 518 INCH IRON ROD FOUND,FOR AN INTERIOR CORNF;R OF SAID LOT 15,BLOCK 45,FOR A CORNER IIEREOF; THENCE: N 29'39'51" E. ALONG THE SOUTHEAST RIGHT-OF-WAY LINE OF NEMO COURT, A DISTANCE OF 45.99 F'F.I=I"I'O A 5:8 INCH IRON ROD FOUND,FOR THE UPPER NORTHWEST CORNER OF SAID LOT 15, l'FiL SOUTHWEST(:ORNER OF LOT I6,FORA CORNER HEREOF; THENCE: S 60°12'57"E,ALONG T1 i F.COMMON LINT OF LOTS I5 AND 16,A DISTANC:N OF 120.20 FEET TOA 518 INCH IRON ROD FOUN D,I URA CORNER I I FRFOF; THENCE. '332-44'41`E.CON I I N U I NG ALONG THE COP€MON LL\F OF LOTS 15 AND 16,A DISTANCE OF 165.63 FEET`TO A Sib INCH IRON ROD FOUND,FOR A CORNER HEREOF; THENCE: S 00'41'247W,A DISTANCE OF 70.34 FEET TO A 518 INCH IRON ROD FOUND ON THE NORTH RIGHT-OF-WAY LINE OF A NAVIGATION CHANNEL(R.O.W.VARIES),FOR A CORNER HEREOF; THENCE.: N 89°17'24" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID NAVIGATION CHANNEL,A DISTANCE OF 437.46 FFF,T TO A POINT,FOR A CORNER HEREOF,- THENCE' EREOF;THENCE:' S01'1 I'M"W.A DISTANCE OF 44.63 FEET TO A DRILL HOLF'IN CONCRETE FOUND,FOR A CORNLR r F S I : 1. )1 I.BT..00K 3,LOCATED ON A NON-TAN[ I'-NIT C11R4'l: 10 TIIE LEFT,WITH A RADIUS 0} 179.52 FLLT,A CHORD IiE RING OF S 59°36'20"W ANDA CHORD LENGTH OF 159.13 FEET, `ul,,1 C:ORNERHEREOF; I ITE NCE: ALONG SAID CURVE TO THE LEFT, THE NORTH RIGHT-OF-WAY LINE; OF SAID NAV',C-:ITlQN' CHANNEL, AN ARC LENGTH OF 164.86 FEET TO A POINT. BEING THE MOST SOL I III LtCL'1'SOUTHEAST CORNER OF SAID LOT 4,BLOCK 3,FOR A CORN FR HEREOF; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 71 FINAL SERVICE AND ASSESSMENT PLAN THPNCE, N 66°26'56"W,ALON(; 1 HL MOST SOUT14ERLY SOUTH LINE OF SAID TOT 4,BLOCK 3,A DISTANCE OF 333.35 F1-I:1,f0 A 5 8 Iti CII IRON ROD FOUND,FOR THE SOUTHWEST CORNER OF SAID LOT 4,BLOCK 3,ON THE EAST 1 JNF-OF `i.AID LOT 27D,LOCATED ON A NON-TANGENT CURVE TO THE LEFT,WITH A RADIUS Of 001.61 FEET,A CHORD BEARING OF S 15°04'01"W AND A CHORD LENGTH OF 291.34 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 294.26 FEET,TO A 518 INCH IRON ROD FOUND,FOR A CORNER HEREOF; THENCE: S 00'45'14"W,A DISTAVCF OF 590.13 FEET,TO THE POLNT OF BEGINNING,CONTAINING WITHIN THESE METES AND BOUNDS A 72.31 ACRY"T I M.'I ti 1:'I:AND EXCEPT 2.87-ACRES WITHIN THE PLATTED,UNOPENED PUBLIC RIGHT-OF�� 0:,�..'k'I 17[ ET ACREAGE OF 69.44 ACKI S,MORL OR LESS; NOTE: AN EXHIBIT REPRESENTING A GRAPHIC INIAGL OF THIS DESCRIPTION STYLED AS "SHEET 2 OF 5--72.31 ACM,''I RACT"ACCOMPANIES THIS DOCUMENT.THE BASIS OF BEARING IS TEXAS STATE PLAN COORDINATE SYSTEM NAD&3,SOUTH ZONE. September 28,2nl8 p •f;�sTeo"- Joh No. 170146 e� --ap td. VIERA 6178 �((fjf� I WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 72 FINAL SERVICE AND ASSESSMENT PLAN LNV So;otions Today wit 1i a engineers I architects i contractors Vision for Tomorrow 28,63 ACRE TRACT Field Notes Description SHOWING THE BOUNDARY OF A 28.63-ACRE TRACT OF LAND HEREIN DESCRIBED AS"TRACT I" OUT OF A PORTION OF LOT 27C OF THE PADRE ISLAND - CORPUS CHRISTI ISLAND FAIRWAY ESTATES, HEREAFTER REFFRRFD TO AS THE P.I.C.C.I.F.E„A MAP OF WHICH IS RECORDFD IN VOLUME 67,PAGE 779,MAP RECORDS,NUECES COUNTY,TEXAS,SAID 28.63-ACRE TRACT BEING MORE FULLY DESCRH3ED BY-METES AND BOUNDS AS FOLLOWS; BEGHVNIING: AT A 5M INCH IRON ROD(Y=17,115,342.99,X=1,397,090.68)FOUND ON AN INTERIOR LINE OF SAID LOT 27C,FOR AN INTERIOR CORNER HEREOF; THENCE: N 00°49'34"E,A DISTANCE OF 141.97 Ft EI TO A 518 INCH IRON ROD FOUND ON THE SOUTH RIGHT-OF-WAY LINE OF COMMODORE'S DRIVE(120'R.O.W.),SAID IRON ROD LOCATED ON ANON- TANGENT CURVE TO THE LEFT,WITH A RADIUS OF 493.90 FEET,A CHORD BEARING OF S 86°16'00"E AND A CHORD I,FNGTH OF 56.52 FEET,FOR AN EXTERIOR CORNER HFRFOF; THENCE.: ALONG SAID CURVE TO THE LEFT,AN ARC LFNGTH OF 56.55 FEET TO A 5 8 INCH IRON ROD FOUND,FOR A CORNER ITEREOF; THENCE: S 89°15'39" E, CONTINUING ALONG THE SOUTH RIGHT-OF-WAY OF COMMODORE'S DRI'v E.A DISTANCE OF 310.86 FEET TO A 518 INCA IRON ROD SET,FOR A CORNER HEREOF; THENCE. S 89°15'33"E,A DISTANCE OF 196.76 FEET TO A POINT,SAID POINT LOCATED ON A CURVE TO THE RIGHT,WITH A RADIUS OF 10.00 FEET,A CHORD BEARING OF S 44'16'50"E AND A CHORD LENGTH OF 14.14 FEET,FOR A CORNER HEREOF; THENCE: CONTINUING ALONG SAID CURVE TO TIIE RIGHT,AN ARC LENGTH OF 15.71 FEET TO A 5.8 INCH IRON ROD SET ON THE WEST RIGHT-OF-WAY LINE OF COMPASS STREET(60'R.O.W.),FOR A CORNER HEREOF; THENCE: S 00°4249"W,ALONG THE WEST RIGHT-OF-WAY OF COMPASS STREET,A DISTANCE OF 99.93 FEET TO A 518 INCH IRON ROD SET,SAID IRON ROD LOCATED ON A CURVE TO THE LEFT,WITH A RADIUS OF 553.81 FEET,A CHORD BEARING OF S 04°55'45"E AND A CHORD LENGTH OF 104.90 FEET, FOR A CORNER HEREOF; THENCE:: ALONG SAID CARVE TO THE LEFT,AN ARC LENGTH OF 105.05 FEET TO A 518 INCH IRON ROD SET,FOR A CORNER HEREOF; THENCE: S 10'W06" E,A DISTANCE OF 110.22 FEET TO A 518 INCH IRON ROD SET, FOR THE NORTHEAST CORNER OF LOT 11,BLOCK 41 OF THE P.I.C.C.1.F.E.,A MAP OF WHICH IS RECORDED IN VOLUME 42,PAGE 17,MAP RECORDS,NUECES COUNTY,TEXAS,FOR A CORNER HEREOF; THENCE: 5 79`309"W,ALONG THE COMMON LINE OF LOTS 11 AND 12,A DISTANCE:OF 155.16 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 80°04116"W,A DISTANCE OF 54.93 FEET TO A POINT,FOR THE NORTHWEST CORNER OF SAID DOT 11.FOR A CORNER HEREOF; THENCE.- S 09°55'44"E,ALONG THE WEST LINE OF SAID LOT I1,A DISTANCE OF 119.53 FEET,TO A POINT FOR THE SOUTHWEST CORNER OF SAID LOT 11,FOR A CORNER HEREOF; THENCE; N 79'3T29"]E,ALONG THE COMMON LINE OF LOTS 10 AND 11,A DISTANCE OF 210.45 FEET TO A 5;9 INCH IRON ROD FOUND ON THE WEST RIGHT-OF-WAY OF COMPASS STREET,FOR A CORNER HEREOF; THENCE: S 09"59'42"I',ALONG THE WEST RIGHT-OF-WAY OF COMPASS STREET,A DISTANCE OF 133.72 FEET TO A 5.!8 INCH IRON ROD SFT ON A CURVE TO THE RIGHT,WITH A RADIUS OF 463.32 FEET,A CHORD BEARING OF S 04°41122"E AND A CHORD LENGTH OF 93.23 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 93.38 FEET TOA 518 ITCH IRON ROD FOUND,FOR A CORNER HEREOF; THENCE: S 00'54'41"W,CONTINUING ALONG THE WESTRIGHT-OF-WAY OF COMPASS STREET,A DISTANCE OF 135.04 FEET TO A SIS INCH IRON ROD FOUND,FOR THE SOUTHEAST CORNER OF LOT 8,BLOCK 41,FOR A CORNER HEREOF; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 73 FINAL SERVICE AND ASSESSMENT PLAN THENCE: N89'09'11"W,ALCINLI IRE CONS-ION LINE OF LOTS 7 AND S,A 17ISTANCF OF I`&SG FFF.T TO A 518 INCH IRON ROD FOUND,FOR THE SOL'THWFS]'C'ORNHR OF SAIL)LO1 8.F•OR A COILNER HEREOF; THENCE: N 10°25'28"W,ACROSS LOTS 8 AND 9,A DISTANCE OF 168.01 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 79°53'54"W,CONTINUING ACROSS LOT 9,A DISTANCE OF 133.13 FEET,TO A POINT LOCATED ON A C tlRVF TO THE RIGHT WITH A RADIUS OF 78.00 FEE ,A CHORD BEARING OF N 87°22'58"W,AND A CHORD LENGTH OF 34.36 FEET,FOR A CORNER HEREOF; THENCE: ALONG CURVE TO THE RIGHT,AN ARC LENGTH OF 34.64 FELT TO A POINT,FOR A CORNER HFRF.OF; THENCE: N 74139137'W,A DISTANCE OF 17.85 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 15°20'23"W,A DISTANCE OF 56.53 FEET TO A POINT,FOR A CORNER H EREOF; THENCE: S 09109'05"H,A DISTANCE OF 319.29 FEET TO A POINT,FOR A CORNER H F R1.0 F: THENCE: S 32°38'10"W,A DISTANCE OF 161.42 FEET TO A POINT ON A VON=1'ANWIN I CURVE TO THE RIGHT WITH A RADIUS OF 199.85 FEET,A CHORD BEARING OF S 23`11'33"E,AND A CHORD LENGTH OF 177.73 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO THF. RKMT, AN ARC LENGTH OF 184.18 FEET TO A POINT LOCATED ON A REVF,RSF Ci:RV E 10'111E LEFT WITH A RADIUS OF 354.88 FEET,A CHORD BEARING OF S 06°16'17"E:,Atill A CHORD LENGTH OF 141.95 FEET,FOR A CORNER HEREOF; THENCE: CONTINUING ALONG SAID RFVLRSE CURVE TO THE LEFT,AN ARC LENGTH OF 142.91 FEET TO A POINT LOCATFF7 ON A RL VERSE CUR VF TO THF RIGHT WITH ARADIUS OF 75.93 FEET,A CHORD BEARING OF S 01°24'10"W,AND A C H0KD LENGTH OF 39.88 FEET,FOR A CORNER HEREOF; THENCE: CONTINUING ALONG SAID REVERSE CARVE TO THE RIGH"!",AN ARC LENGTH OF 40.35 FF.H F TO A POINT LOCATED ON A REVERSE C.I IR V E TO INE LEFT WITH A RADIUS OF 252.95 FEET,A CHORD BEARING OF S 12°38'17"W,AND A C'11ORD LENGTH OF 35.18 FEET,FOR A CORNER HEREOF; THF,NCE: CONTINUING ALONG SAID REVERSE CURVE TO THE LEFT,AN ARC LENGTH OF 35.21 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 01116'54"E,A DISTANCE OF 91.(,1 FF-Fr TO A POINT LOCATED ON A CURVE TO THE KIG I FT WITH A RADIUS OF 126.17 FEET,A CHORD BEARING OF S 20'1609"W,AND A CHORD LENGTH Ol 17.7 i FEET,FOR A CORNER HEREOF; THENCE: ALONG SAM CURVE TO THE RIGHT, AN ARC LENGTH OF 48.00 FEET TO A POINT LOCATED ON A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 54.40 FEET,A CHORD BEARING OF S 17°1030"W,AND A CHORD LENGTH OF 29.00 FEET,FOR A CORNER HEREOF; THENCE: CONTINUING ALONG SAID REVERSE CURVE TO THE LEFT,AN ARC LENGTH OF 29.36 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 05117'34"W,A[DISTANCE OF 75.84 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 09100'03"W,A DISTANCE OF 160.18 FEET TO A POINT LOCATED ON A CURVE TX)THE LEFT WITH A RADIUS OF 224.76 FF:FT,A CHORD BEARING OF S 02°55'53"E,AND A CHORD LENGTH OF 64.38 FEET,FOR A CORNER HI:RLOF; THENCE: ALO`IG SAID C URVF 10 111E 1,F.FT.AN ARCIJNC;III OF 64.60 FE'ETTO A POINF LOCATED ON A REVERSE CURVE TO ME R[CillI W111I A RADIUS OF 16049 FEL I,A CHORD BLAIUNU OF S 03`59'21"W,AND A CHORD LENGTH OF 93.18 FE I-J,FORA CORNER HEREOF: THENCE: CONTINUING:ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 94.54 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 2W52"49"W,A DISTANCE OF 43.58 FEET TO A POINT LOCATED ON A CURVE TO THE LEFT WITH A RADIUS OF 36.52 FEET,A CHORD BEARING OF S 17°51'57"E,AND A CHORD LENGTH OF 37.27 FEET,FOR A CORNER HEREOF; THENCE: ALONG SAID CURVE TO TEE LEFT,AN ARC LENGTH OF 39.11 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: S 41°09'40"E,A DISTANCE OF 96.97 FEET TO A POINT,FOR A CORN F R HEREOF; THENCE., S 41120106"W,A DISTANCE OF 50.38 FEET TO APOINT,FOR A CORVEK F IF:REOF; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 74 FINAL SERVICE AND ASSESSMENT PLAN THENCE:: N 88"46'57•'W,A DISTANCE OF 291,63 FFFI 10.A I'O1N 1 LOCATFT)ON A CIIRVF:'1'O THC RIGH'1 WITH A RADIUS OF 70.00 FEET,A C:110RD BEARING OF N51-361 I"W,AND A CIIORD LENGTH OF 84,60 FEET,FOR A CORNER HEREOF; THENCE: ALONO SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 90.84 FF.FI-TO A POINT,FOR A (,-ORNFR FIERLO THENCE. N 88'39'54"W,A DISTANCE OF 31.59 FEET TO A POINT,FOR A COR F-R HEREOF; THI: C:r. N 28"3342"W,A DISTANCE OP 53-03 FEET TO A POINT LOCATED ON A CURVE TO TIIE R 161111 Li'l 111 A RADIUS OF 86.27 FEET,A CHORD BEARING OF N 0814650"W,AND A CHOR1)I.FNCTI'H 01.58-39 FEET,FOR A CORNER HEREOF; THENCE., ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 59,57 FEET TO A POINT,FOR A CORNER HL-REOF: THENCE: N 68=21'00"E,A DISTANCE OF 169,70 FEET TO A POINT,FOR A CORNER HEREOF; THENCE; N 07006'04"E,A DISTANCE.OF 83,11 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N04°21'45"E,ADTSTANCEOF63.40FEETTOAPOINTLOCATED ON ACCURVE IOTHELEFT W11H A RADIUS OF 3K861 FEET,A CHORD BEARING OF N 02°34'53"W.AND A CHORD LENGTH OF 93.97 FIT 1,FOR A CORNI.[R ilk.UOF; THE'N'CK: ALONG SAID(-,UR),T 10 1IlL I FFT,AN ARC LLNU_TIIOF 94.20 FEET TO APOINT LOCATED ON A REVERSE CURVE 1YI TH E RICiIII WITII A RAP,II;ti()l 1638.83 FE FT,A CHORD BEARING OF N (IV33'45"W,AND A CHORD LCNGTII OF 112.26 FI=:1 1.I URA(.'V RM R l fl--RA-.01, THENCE: CONTINUING ALONG SAID RFVFRSE CURVE TO THE R161 1,:;N ARC LENGTH OF 112.28 FEET TO A POINT,FOR A CORNER HEREOF; THENCE- N 00°18'00"W,A DISTANCE OF 84.8 1 FEET TO A POINT,FOR A CORNER HEREOF; I JILN 'E: N 00°17'08"W,A DFS'1 ANCF OF 77.(15 FI'.lil 'IO A POINT LOCATED ON A CURVE TO THE RIGHT WITH A RADIUS OF 638.87 1 LE],A CHORD REARING OF N 03'07'54"E,AND A CHORD LENGTH OF 76.16 FEET,FOR A CORNER IIEREOF; THENCE: ALONG SAID CURVE TO THE RIGITT,AN ARC LENGTH OF 76.21 FEET TO A PORYI,FOR A CORNER HEREOF; THENCE. N05°55'22"E,ADISTANCE OF%67 FEET TO A POINT LOCATED ONA CURVE TO THE LEFT WITH A FL1DII:S OF 35-56 FEET,A CHORD HEARING OF N 27°53'47"W,AND A CHORD LENG'T'H OF 48.08 FLLT,FOR A CORNER HEREOF; THENCE- ALONG SAID CURVE.TO THE I FFT,AN ARC LENGTH OF 52.79 FEET TO A POINT LOCATED ON A RF,VERSE CURVE TO THE RI(aHl N'ITII A RADIUS OF 348.61 FEET,A CHORD HEARING OF N 52'26'15"W,ANT)A(TIOFRD LLNGTH 01=112.41 I1 ET,FORA CORNER HEREOF; THENCE: CON I INUING ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 112.91 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 41°14'16"W,A DISTANCE OF 78.54 FEET TO A POINT,FCR A CORNER'_IEREOF; THENCE: N 67°58'17"W,A DISTANCE.OF 4.21 FEET TO A POINT,FO•: +{. 1'iI"J ta:I 1 E kEOF; THENCE.: N 3k 1Yl0"W,AD:�I'ANCE OF 46.89 FEET TO A POINT,FOR ACORtit::;'.IFIREOF; THENCE: N 0!`Fi'`" R••.', :)rti ". CE OF 4.08 FEET TOA POINT i OCgTFT7 W, :\('ITR-Vt:'1'1 ME RIGHT WITH A RADII..�01 42-7-71]TF1,ACHORDBEARING OF N 24"4136"W,AND A CI 0IW U-NO I'H OF 66-19 FEET,FOR.A('(WNER HLILLOF; THENCE: ALONG SAID('L,6C V l:1'0 'TIF RIGH 1.AN ARC LENGTH OF 66.80 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 10°15'25"1V,A DISTANCE OF 11567 FEET TO A PO IN 1'LOCATED ON A CURVE TO THE RICH C WITH A RADIUS OF 133-47 FEET,A CHORD SEARING OF N 10'[9'44"E,AND A CHORD LENGTH OF 98.40 FEET,FOR A CORNER HFRF,OF; TITF.NCF: A]-ONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 100.78 FEET TO A POINT,FOR A CORN L R H ER EOF: THENCE: N 19'49'40"F,A DISTANCE:OC 126.03 FEET TO A POINT LOCATED ON A CURVE TO THE LEFT WITH A RADIUS OF 91.11 FEET,A CHORD BEARING OF N 05°22`28"E,AND A CHORD LENGTH OF 33.76 FEET,FOR A CORNER HEREOF; 3 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 75 FINAL SERVICE AND ASSESSMENT PLAN THENCE: ALONG SAID CURVE TO'1'HL LLrT,AN ARC LENGTH OF 33.95 FEET TO A POINT,FOR A CORNER HEREOF; THENCE, N 05°18'06"W,A DISTANCE OF 181.88 FEET TO A POINT,FOR A CORNER HERSOF; THENCE: N 13136'58"W,A DISTANCE OF 55.46 FEET TO A POINT,FOR A CORNER HEREOF; THENCE: N 0915441"E,A DISTANCE OF 275.84 FEET TO A 518 INCH IRON ROD FOUND,FOR AN rNTERIOR CORNER OF SAID LOT 27C,AND FOR A CORNER HEREOF; nlENCE: S 89°10'01" E, CONTINUING ALONG T111= I.OWER NORTH LINE OF SAID LOT 27C, A DISTANCE OF 229.01 FEET TO THE POINT OF BEGINNING,CONTAINING WITIIIN THESE METES AND BOUNDS A 28.63-ACRE TRACT,MORE OR LESS; NOTE; AN EXHIBIT REPRESENTING A GR.U'1111C' 1VlACE OF TFIIS DESCRIPTION STYLED AS "SHEET I OF 5-28.0-ACRE TRACT"ACCOMPANIES THIS DOC UNIENT.THE BASIS OF SEARING IS TEXAS STATE PLANE COORDINATE SYSTEM NAD 83,SOLI.111 LONE 4205. OF September 28,2018 Job No. 170146 I.Rodarte AoscRr w1.viEga' ..::.A....6178 C-y��o+•essyOayO �p�7L' y�0 SUGtil� a W WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 76 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT J-2 -IMPROVEMENT AREA #1 LEGAL DESCRIPTION 36I�yl.zs�u YBa115 1-1962 SURVEYING ?PL I;Itaa32 3"5 S:k,Ih ta[alcr;:;lr: +Su I I1-,f.orpun f.`ri-.i.Tc-?,n 72AI s November 21,2023 5001-0986-21143.101 Field Notes Description for a 51.03-Acre Tract Improvement Area#1,Tract 1 STATE OF TEXAS § COUNTY OF NUECES § Field notes,to describe a 51-03-acre tract Improvement Area being out a portion of Tracts 27C and 27D of the Padre Island—Corpus Christi Island Fairway Estates,hereafter referred to as P.I.C.C-I.F.E.,Lots 27C and 271D_a map recorded in Volume 67, Pages 779-785,Map Records, Nueces County,Texas,a porton of P.I.C.C.I.F.E-, Blocks 24-33, a map recorded in Volume 40, pages 154-159, (Map Records, Nueces County,Texas, a portion of out of P.I.C.C.I.F.E., Blocks 43 & 44. a map recorded in Volume 42, Pages 10-11, Map Records. Nueces County.Texas.and Portions of P.I.C.C.I.F.E.,(Blocks 34, 35, and 36, a map recorded in Volume 40, Pages 183-134, Map Records. Nueces County, Texas, said Blocks 26, 35, 35,437 44, and a portion of Block 34, now vacated as per plat recorded in Volume 67, Page 688,Map Records,Nueces County,Texas,said 51.43-acre tract being out of a portion of a 28.63- acre tract (Tract 1), a 72.31-acre tract (Tract 2), a 74.39-acre tract (Tract 3), and a 30.68-acre tract (Tract 4), as referenced in a correction warranty deed, Document Number 2018045542, Official Records, Nueces County,Texas,save and except 3.766 acres of a 80-foot wide street,also known as `Aquarius Street Re-Alignment', and recorded in Document Number 2011039226, Official Records, Nueces County, Texas, and said 51.03 acres more particularly described by metes and bounds as follows; BEGINNING at a 5!B"iron rod found on said Lot 27C of the Padre Island-Corpus Christi Island Fairway Estates_and being on the south right of way of said Aquarius Street,and said iron rod being on a curve to the right, having a radius of 330.00', a length of curve of 106.74', a delta angle of 18°3158 and a chord bearing and distance of S 78`00'59- W. 106.28•for -a corner of said 30.68-acre tract (Tract 4) for the POINT-OF-BEGINNING and northeast comer of this 51.1)3-acre tract, THENCE S 02°16'21"E,a distance of 47.77'to a 518"iron rod found, for an angle corner of this 51.03- acre tract-, THENCE S 44°49'36"'E.a distance of 217.18'to a point,for an angle corner of this 51.03-acre tract; THENCE S 45°10'24"W.a distance of 141.72'to a point.for an angle corner of this 51.03-acre tract; THENCE S 00`00'00_W.a distance of 685.33'to a point and a corner of this 51.03-acre tract,and said point being at the beginning of a curve to the left,having a radius of 393.00',a length of curve of 500.19', a delta angle of 72°5522',and a chord bearing and distance of S 57°10'11' E,467-10'. THENCE along said curve to the left,a curve length of 500.19'to a point of tangency of said curve,for a corner of this 51-03-acre tract; THENCE S 00°53'05"E,a distance 809.16'to a paint,for an angle comer of this 59.03-acre tract; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 77 FINAL SERVICE AND ASSESSMENT PLAN 51.03 Acre Tract Wvenber 21,2023 Page 2 of 3 THENCE S 89006'59" W, a distance of 62.78' to a point, for an angle corner of this 51.03-acre tract; THENCE N 80'07'55'W, a distance of 169.11' to a point.for an angle corner of this 51.03-acre tract= THENCE S 47°34'11"W, a distance of 80.44'to a point_for an angle comer of this 51.03-acre tract= THENCE N 39`02'15"W, a distance of 180.41'to a point, for an angle corner of this 51.03-acre tract= THENCE N 87`28'42"W, a distance of 120.19'to a point, for an angle corner of this 51.03-acre tract= THENCE S 51 027'50" W, a distance of 135.13' to a point_for an angle corner of this 51.03-acre tract= THENCE S 30031'04" W, a distance of 270.15' to a point_for an angle corner of this 51.03-acre tract= THENCE S 24°02'41 W, a distance of 249.57' to a point_for an angle corner of this 51.03-acre tract= THENCE S 36'57'46- W. a distance of 160.17' to a paint on the north right of v:ay of Crown Royal,for an angle corner of this 51.03-acre tract= THENCE N 52053'11" W, along the north right of v:ay of Crown Royal, a distance of 229.48' to a point on the north right of way of Cro- n Royal, for a corner of this 51.03-acre tract and said paint being at the beginning of a curve to the Left_ having a radius of 1.718.10', a length of curve of 301.2T, a delta angle of '10°024B", and a chord bearing and distance of N 30°32'33" E, 300.88': THENCE along said curve to the left, a curve length of 301.27' to a point of tangency of said curve, for a corner of this 51.03-acre tract, and said point being at the beginning of a curve to the left, having a radius of 1.056.90', a length of curve of 387.02', a delta angle of 21'00'2B",and a chord bearing and distance of N 14'46'46- E. 385.35'; THENCE along said curve to the left, a curve length of 387.52' to a point of tangency of said curve; for a corner of this 51.03-acre tract; THENCE N 86`00'41" W, a distance of 119.90' to a point at the east right of way of Dasmarinas Drive, for a corner of this 51.03-acre tract; and said point being at the beginning of a curve to the left, having a radius of 940.79", a length of curve of 46 1.85'. a delta angle of 28'07'40"_ and a chord bearing and distance of N 10'33'02'W;457.23': THENCE along said curve to the left, a curve length of 461.85' to a point of tangency of said curve; for a corner of this 51.03-acre tract and said point being at the beginning of a curve to the left, hawing a radius of 617.98', a length of curve of 425.59', a delta angle of 39'27'31"-, and a chord bearing and distance of N 44'45'25-W;417.23'; THENCE along said curve to the left, a curve length of 425.59' to a point of tangency of said curve; for a corner of this 51.03-acre tract; THENCE N 64`29'59" W, a distance of 5151.37' to a point, for a comer of this 51.03-acre tract and said point being at the beginning of curve to the right_ having a radius of 15.00'; a length of curve of 23.55', a delta angle of 89`57'56_, and a chord bearing and distance of N 19'31'01" W, 2121'; THENCE along said curve to the right, a curve length of 23.551'to a point of tangency of said curve_ for a corner of this 51.03-acre tract; WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 78 FINAL SERVICE AND ASSESSMENT PLAN 51.03-Acre Tract November21.2023 Page 3 pl 3 THENCE N 25027'57"E. a distance of 288.75' to a point, for a oorner of this 51.03-acre tract and said point being at the beginning of curve to the right,having a radius of 330.110',a length of curve of 249.30', a delta angle of 43°17'02", and a chord bearing and distance of N 47°06'27"E,243,41';. THENCE along said curve to the right, a curve length of 249.30' to a point of tangency of said curve, for a corner of this 51,03-acre tract; THENCE N 68044'50" E, a distance of 1,071.44' to a point,for a corner of this 51.03-acre tract, and said point being at the beginnng of curve to the right, having a radius of 330.00', a length of curve of 106.74', a delta anglE rif 1 B031'58",and a Chord bearing and distance of N 78000'59"E, 106.28% THENCE along Baia curve to the right,a curve length of 106.74'to the point;of tangency and the POINT-OF-BEGINNING, and containing 51.03 acres, more or less. The bearings for this field notes description are based on GPS, NAC783,State Mane Coo rdinate System, Texas South Zone 4205. I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby cerlify That !his description represents the actual perimeter of this 51,03-acre tract,this the 21'day of November 2023. ti Registered Frofessionai La6d Surveyor Texas Registration No. 4471 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 79 FINAL SERVICE AND ASSESSMENT PLAN EXHIBIT J-3 -THE PRESERVE LEGAL DESCRIPTION 161.991.8550 I BIELS F-19613 C ._.P=L 1;194382 tiwta I JASt.r.v :x}m Ih ti'a[�Itr,'ifrcu•I.iu li°•1:;,CtarFau�f.'ri•ai,Tt°xds'i?•1 1 November 21.2023 S001-C986-21143.101 Field Notes Description for a 4.64-Acre Tract Improvement Area#1.Tract 2 STATE OF TEXAS § COUNTY OF NUECES § Field notes,to describe a 4.64-acre tract being out a portion of Tracts 27D of the Padre Island—Corpus Christi Island Fairway Estates, hereafter referred to as P.I.C.C.I.F.E., Lots 27C and 27D, a map recorded in Volume 67, Pages 779-785, Map Records, Nueces Counts. Texas, said 4.64-acre tract being out of a portion of a 74.39-acre tract (Tract 3), as referenced in a correction v.arrantr deed, Document Number 2018045542, Official Records, Nueces County, Texas. and said 4.64 acres more particularly described by metes and bounds as follows; BEGINNING at a 58" iron rad found at the southeast corner of Lot 24, Block 30 of the Padre Island- Corpus Christi Island Fairvvav Estates, recorded in Volume 40_ Pages 181-182, Map Records, Nueces County, Texas,for the POINT-OF-BEGINNING and interior corner of this 4.54-acre tract, THENCE N 30`50'45"E, a distance of 235.05'to a point,for an angle corner of this 4.64-acre tract= THENCE N 23`48'25"W,a distance of 259.46'to a point.for an angle corner of this 4.64-acre tract; TH ENC E N 30`34'30"E, a distance of 224.73'to a point,for an angle corner of this 4.64-acre tract= THENCE 3 57`43'56'E. a distance of 100.42'to a paint and a comer of this 4.64-acre tract, and said point being at the beginning of a curve to the right, having a radius of 170.00, a length of curve of 157.54:.a delta angle of 53`05'43`",and a chord bearing and distance of S 33'35'14" E. 151.96" THENCE along said curve to the right_a curve length of 157,514'to a point of tangency of said curve, for a corner of this 4.64-acre tract, THENCE 5 07°02'23"E,a distance 182.93'to a point, for an angle corner of this 4.64-acre tract, THENCE 5 11'47'41"W, a distance of 257.61'to a point,for a comer of this 4.64-acre tract and said point being at the beginning of a curve to the right, having a radius of 260.00',a length of curve of 352.26`,a delta angle of 77`37'36',and a chord bearing and distance of S 50°36'29-W, 325.93'; THENCE along said curve to the right,a curve length of 352.26'to a point of tangency of said curve, for a corner of this 4.64-acre tract; THENCE N 00`34'43" VV, a distance of 105.00'to a point_for a corner of this 4.G4-acre tract and said paint being at the beginning of a curve to the right, having a radius of 155.00', a length of curve of 84.98'7 a delta angle of 31'24'50",and a chord bearing and distance of N 74`52'18"W, 83.92',- WHITECAP 3.92';WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 80 FINAL SERVICE AND ASSESSMENT PLAN 4,64-Acre Trnt November 21, 2023 Page 2 012 THENCE along said curve to the right,a cLfve length at 84.98'to a point of tangency of said curve, for a c;o�ner of INS 4,64-acre tract; THENCE N 59'09'53"W,a distance of 112-06'to a point, for an exterior comer of this 4-64-acre fraCt, THENCE 5 83007'14"W.a distance of 9AW to a point,for a corner of this 4.64-acre tract and said point be,nq rat the beginning of a curve to the left, having a radius of 104.82', a length of curve of 62.2$', a de`a angle of 34106'20";and a chord bearing and distance of N 31°30'06" E. 61.36': THENCE along said curve to the left, a curve length of 62.28'to a point of tangency of said curve,for a corner of this 4.84-acre tract; THENCE S 76'03'33"E, a distance of 112.87'to a paint,for an angle corner and the POINT-OF-BEGINNING,and containing 4.64 acres, more or less. The bearings for this yield notes description are based on GPS,NAG43,State Plane Coordinate System, Texas South Zone 4205- 1. Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description represents the actual perimeter of this 4.84-acre tract,this the 2111 day of November 2023, �aA�' F— �'4cT�:� ti��cJo ��f Ftegistered Professeyor Texas Registration No. 4471 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 81 FINAL SERVICE AND ASSESSMENT PLAN APPENDIX A— ENGINEER'S REPORT [Remainder of page left intentionally blank.] WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 82 FINAL SERVICE AND ASSESSMENT PLAN APPENDIX B — BUYER DISCLOSURES Forms of the buyer disclosures for the following Lot Types are found in this appendix: Improvement Area #1 ■ Initial Parcel ■ Lot Type 1 ■ Lot Type 2 ■ Lot Type 3 ■ Lot Type 4 ■ Lot Type 5 ■ Lot Type 6 ■ Lot Type 7 [Remainder of page left intentionally blank.] WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 83 FINAL SERVICE AND ASSESSMENT PLAN WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 INITIAL PARCEL BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: I) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA #1 INITIAL PARCEL PRINCIPAL ASSESSMENT: $23,856,000 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 INITIAL PARCEL PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 290,000 $ 1,483,843 $ 40,000 $ 1,813,843 2026 $ 308,000 $ 1,465,805 $ 40,800 $ 1,814,605 2027 $ 327,000 $ 1,446,648 $ 41,616 $ 1,815,264 2028 $ 348,000 $ 1,426,308 $ 42,448 $ 1,816,757 2029 $ 369,000 $ 1,404,663 $ 43,297 $ 1,816,960 2030 $ 392,000 $ 1,381,711 $ 44,163 $ 1,817,874 2031 $ 417,000 $ 1,357,328 $ 45,046 $ 1,819,375 2032 $ 443,000 $ 1,331,391 $ 45,947 $ 1,820,338 2033 $ 470,000 $ 1,303,836 $ 46,866 $ 1,820,703 2034 $ 500,000 $ 1,274,602 $ 47,804 $ 1,822,406 2035 $ 531,000 $ 1,243,502 $ 48,760 $ 1,823,262 2036 $ 564,000 $ 1,210,474 $ 49,735 $ 1,824,209 2037 $ 599,000 $ 1,175,393 $ 50,730 $ 1,825,123 2038 $ 636,000 $ 1,138,136 $ 51,744 $ 1,825,880 2039 $ 676,000 $ 1,098,576 $ 52,779 $ 1,827,356 2040 $ 718,000 $ 1,056,529 $ 53,835 $ 1,828,364 2041 $ 762,000 $ 1,011,870 $ 54,911 $ 1,828,781 2042 $ 810,000 $ 964,473 $ 56,010 $ 1,830,483 2043 $ 860,000 $ 914,091 $ 57,130 $ 1,831,221 2044 $ 914,000 $ 860,599 $ 58,272 $ 1,832,872 2045 $ 970,000 $ 803,748 $ 59,438 $ 1,833,186 2046 $ 1,031,000 $ 743,414 $ 60,627 $ 1,835,041 2047 $ 1,095,000 $ 679,286 $ 61,839 $ 1,836,125 2048 $ 1,163,000 $ 611,177 $ 63,076 $ 1,837,253 2049 $ 1,235,000 $ 538,839 $ 64,337 $ 1,838,176 2050 $ 1,312,000 $ 462,022 $ 65,624 $ 1,839,646 2051 $ 1,394,000 $ 380,415 $ 66,937 $ 1,841,352 2052 $ 1,480,000 $ 293,708 $ 68,275 $ 1,841,984 2053 $ 1,572,000 $ 201,652 $ 69,641 $ 1,843,293 2054 $ 1,670,000 $ 103,874 $ 71,034 $ 1,844,908 Total $ 23,856,000 $ 29,367,917 $ 1,622,723 $ 54,846,640 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 1 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: I) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 1 PRINCIPAL ASSESSMENT: $78,510.14 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 1 PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 954.39 $ 4,883.33 $ 131.64 $ 5,969.36 2026 $ 1,013.63 $ 4,823.97 $ 134.27 $ 5,971.87 2027 $ 1,076.16 $ 4,760.92 $ 136.96 $ 5,974.04 2028 $ 1,145.27 $ 4,693.98 $ 139.70 $ 5,978.95 2029 $ 1,214.38 $ 4,622.75 $ 142.49 $ 5,979.62 2030 $ 1,290.07 $ 4,547.21 $ 145.34 $ 5,982.63 2031 $ 1,372.35 $ 4,466.97 $ 148.25 $ 5,987.57 2032 $ 1,457.91 $ 4,381.61 $ 151.21 $ 5,990.74 2033 $ 1,546.77 $ 4,290.93 $ 154.24 $ 5,991.94 2034 $ 1,645.50 $ 4,194.72 $ 157.32 $ 5,997.54 2035 $ 1,747.52 $ 4,092.37 $ 160.47 $ 6,000.36 2036 $ 1,856.13 $ 3,983.67 $ 163.68 $ 6,003.48 2037 $ 1,971.31 $ 3,868.22 $ 166.95 $ 6,006.48 2038 $ 2,093.08 $ 3,745.61 $ 170.29 $ 6,008.97 2039 $ 2,224.72 $ 3,615.42 $ 173.70 $ 6,013.83 2040 $ 2,362.94 $ 3,477.04 $ 177.17 $ 6,017.15 2041 $ 2,507.74 $ 3,330.06 $ 180.71 $ 6,018.52 2042 $ 2,665.71 $ 3,174.08 $ 184.33 $ 6,024.12 2043 $ 2,830.26 $ 3,008.28 $ 188.01 $ 6,026.55 2044 $ 3,007.98 $ 2,832.23 $ 191.77 $ 6,031.98 2045 $ 3,192.27 $ 2,645.14 $ 195.61 $ 6,033.02 2046 $ 3,393.02 $ 2,446.58 $ 199.52 $ 6,039.12 2047 $ 3,603.65 $ 2,235.53 $ 203.51 $ 6,042.69 2048 $ 3,827.44 $ 2,011.39 $ 207.58 $ 6,046.40 2049 $ 4,064.39 $ 1,773.32 $ 211.73 $ 6,049.44 2050 $ 4,317.79 $ 1,520.51 $ 215.97 $ 6,054.28 2051 $ 4,587.66 $ 1,251.95 $ 220.29 $ 6,059.89 2052 $ 4,870.68 $ 966.59 $ 224.69 $ 6,061.97 2053 $ 5,173.46 $ 663.64 $ 229.19 $ 6,066.28 2054 $ 5,495.97 $ 341.85 $ 233.77 $ 6,071.60 Total $ 78,510.14 $ 96,649.87 $ 5,340.39 $ 180,500.40 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 2 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller;.to or from a governmental entity; or 8) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 2 PRINCIPAL ASSESSMENT: $94,212.17 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 2 PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 1,145.27 $ 5,860.00 $ 157.97 $ 7,163.23 2026 $ 1,216.35 $ 5,788.76 $ 161.13 $ 7,166.24 2027 $ 1,291.39 $ 5,713.10 $ 164.35 $ 7,168.84 2028 $ 1,374.32 $ 5,632.78 $ 167.64 $ 7,174.74 2029 $ 1,457.26 $ 5,547.30 $ 170.99 $ 7,175.54 2030 $ 1,548.09 $ 5,456.66 $ 174.41 $ 7,179.15 2031 $ 1,646.82 $ 5,360.36 $ 177.90 $ 7,185.08 2032 $ 1,749.50 $ 5,257.93 $ 181.46 $ 7,188.88 2033 $ 1,856.13 $ 5,149.11 $ 185.08 $ 7,190.32 2034 $ 1,974.60 $ 5,033.66 $ 188.79 $ 7,197.05 2035 $ 2,097.03 $ 4,910.84 $ 192.56 $ 7,200.43 2036 $ 2,227.35 $ 4,780.41 $ 196.41 $ 7,204.17 2037 $ 2,365.57 $ 4,641.87 $ 200.34 $ 7,207.78 2038 $ 2,511.69 $ 4,494.73 $ 204.35 $ 7,210.77 2039 $ 2,669.66 $ 4,338.50 $ 208.44 $ 7,216.60 2040 $ 2,835.53 $ 4,172.45 $ 212.60 $ 7,220.58 2041 $ 3,009.29 $ 3,996.08 $ 216.86 $ 7,222.23 2042 $ 3,198.85 $ 3,808.90 $ 221.19 $ 7,228.95 2043 $ 3,396.31 $ 3,609.93 $ 225.62 $ 7,231.86 2044 $ 3,609.57 $ 3,398.68 $ 230.13 $ 7,238.38 2045 $ 3,830.73 $ 3,174.17 $ 234.73 $ 7,239.62 2046 $ 4,071.63 $ 2,935.89 $ 239.43 $ 7,246.95 2047 $ 4,324.38 $ 2,682.64 $ 244.22 $ 7,251.23 2048 $ 4,592.92 $ 2,413.66 $ 249.10 $ 7,255.68 2049 $ 4,877.26 $ 2,127.98 $ 254.08 $ 7,259.33 2050 $ 5,181.35 $ 1,824.62 $ 259.16 $ 7,265.13 2051 $ 5,505.19 $ 1,502.34 $ 264.35 $ 7,271.87 2052 $ 5,844.82 $ 1,159.91 $ 269.63 $ 7,274.37 2053 $ 6,208.15 $ 796.37 $ 275.03 $ 7,279.54 2054 $ 6,595.17 $ 410.22 $ 280.53 $ 7,285.91 Total $ 94,212.17 $ 115,979.85 $ 6,408.46 $ 216,600.48 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 3 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: I) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court- ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA #1 LOT TYPE 3 PRINCIPAL ASSESSMENT: $106,219.61 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 3 PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 1,291.23 $ 6,606.86 $ 178.10 $ 8,076.20 2026 $ 1,371.38 $ 6,526.54 $ 181.66 $ 8,079.59 2027 $ 1,455.98 $ 6,441.24 $ 185.30 $ 8,082.52 2028 $ 1,549.48 $ 6,350.68 $ 189.00 $ 8,089.17 2029 $ 1,642.98 $ 6,254.31 $ 192.78 $ 8,090.07 2030 $ 1,745.39 $ 6,152.11 $ 196.64 $ 8,094.14 2031 $ 1,856.71 $ 6,043.55 $ 200.57 $ 8,100.83 2032 $ 1,972.47 $ 5,928.06 $ 204.58 $ 8,105.12 2033 $ 2,092.69 $ 5,805.37 $ 208.67 $ 8,106.74 2034 $ 2,226.27 $ 5,675.21 $ 212.85 $ 8,114.32 2035 $ 2,364.29 $ 5,536.73 $ 217.10 $ 8,118.13 2036 $ 2,511.23 $ 5,389.68 $ 221.45 $ 8,122.35 2037 $ 2,667.07 $ 5,233.48 $ 225.88 $ 8,126.42 2038 $ 2,831.81 $ 5,067.59 $ 230.39 $ 8,129.79 2039 $ 3,009.91 $ 4,891.45 $ 235.00 $ 8,136.36 2040 $ 3,196.92 $ 4,704.23 $ 239.70 $ 8,140.85 2041 $ 3,392.83 $ 4,505.38 $ 244.49 $ 8,142.71 2042 $ 3,606.55 $ 4,294.35 $ 249.38 $ 8,150.28 2043 $ 3,829.18 $ 4,070.02 $ 254.37 $ 8,153.57 2044 $ 4,069.61 $ 3,831.85 $ 259.46 $ 8,160.92 2045 $ 4,318.96 $ 3,578.72 $ 264.65 $ 8,162.32 2046 $ 4,590.56 $ 3,310.08 $ 269.94 $ 8,170.58 2047 $ 4,875.52 $ 3,024.54 $ 275.34 $ 8,175.41 2048 $ 5,178.29 $ 2,721.29 $ 280.85 $ 8,180.43 2049 $ 5,498.88 $ 2,399.20 $ 286.46 $ 8,184.54 2050 $ 5,841.72 $ 2,057.17 $ 292.19 $ 8,191.08 2051 $ 6,206.83 $ 1,693.81 $ 298.04 $ 8,198.68 2052 $ 6,589.75 $ 1,307.75 $ 304.00 $ 8,201.49 2053 $ 6,999.38 $ 897.86 $ 310.08 $ 8,207.32 2054 $ 7,435.73 $ 462.50 $ 316.28 $ 8,214.51 Total $ 106,219.61 $ 130,761.59 $ 7,225.23 $ 244,206.43 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 4 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: I) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA #1 LOT TYPE 4 PRINCIPAL ASSESSMENT: $127,463.53 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 4 PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 1,549.48 $ 7,928.23 $ 213.72 $ 9,691.43 2026 $ 1,645.66 $ 7,831.85 $ 218.00 $ 9,695.51 2027 $ 1,747.17 $ 7,729.49 $ 222.36 $ 9,699.02 2028 $ 1,859.38 $ 7,620.82 $ 226.80 $ 9,707.00 2029 $ 1,971.58 $ 7,505.17 $ 231.34 $ 9,708.09 2030 $ 2,094.47 $ 7,382.53 $ 235.97 $ 9,712.97 2031 $ 2,228.05 $ 7,252.26 $ 240.69 $ 9,720.99 2032 $ 2,366.97 $ 7,113.67 $ 245.50 $ 9,726.14 2033 $ 2,511.23 $ 6,966.45 $ 250.41 $ 9,728.09 2034 $ 2,671.52 $ 6,810.25 $ 255.42 $ 9,737.19 2035 $ 2,837.15 $ 6,644.08 $ 260.53 $ 9,741.76 2036 $ 3,013.47 $ 6,467.61 $ 265.74 $ 9,746.82 2037 $ 3,200.48 $ 6,280.17 $ 271.05 $ 9,751.70 2038 $ 3,398.17 $ 6,081.10 $ 276.47 $ 9,755.75 2039 $ 3,611.89 $ 5,869.74 $ 282.00 $ 9,763.63 2040 $ 3,836.30 $ 5,645.08 $ 287.64 $ 9,769.02 2041 $ 4,071.40 $ 5,406.46 $ 293.39 $ 9,771.25 2042 $ 4,327.86 $ 5,153.22 $ 299.26 $ 9,780.34 2043 $ 4,595.01 $ 4,884.02 $ 305.25 $ 9,784.28 2044 $ 4,883.54 $ 4,598.21 $ 311.35 $ 9,793.10 2045 $ 5,182.75 $ 4,294.46 $ 317.58 $ 9,794.79 2046 $ 5,508.67 $ 3,972.09 $ 323.93 $ 9,804.70 2047 $ 5,850.63 $ 3,629.45 $ 330.41 $ 9,810.49 2048 $ 6,213.95 $ 3,265.54 $ 337.02 $ 9,816.51 2049 $ 6,598.65 $ 2,879.04 $ 343.76 $ 9,821.45 2050 $ 7,010.07 $ 2,468.60 $ 350.63 $ 9,829.30 2051 $ 7,448.20 $ 2,032.57 $ 357.65 $ 9,838.41 2052 $ 7,907.70 $ 1,569.30 $ 364.80 $ 9,841.79 2053 $ 8,399.26 $ 1,077.44 $ 372.09 $ 9,848.79 2054 $ 8,922.87 $ 555.00 $ 379.54 $ 9,857.41 Total $ 127,463.53 $ 156,913.91 $ 8,670.27 $ 293,047.71 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 5 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: I) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA #1 LOT TYPE 5 PRINCIPAL ASSESSMENT: $138,547.31 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 5 PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 1,684.22 $ 8,617.64 $ 232.31 $ 10,534.17 2026 $ 1,788.76 $ 8,512.88 $ 236.95 $ 10,538.59 2027 $ 1,899.10 $ 8,401.62 $ 241.69 $ 10,542.42 2028 $ 2,021.06 $ 8,283.50 $ 246.53 $ 10,551.09 2029 $ 2,143.02 $ 8,157.79 $ 251.46 $ 10,552.27 2030 $ 2,276.60 $ 8,024.49 $ 256.48 $ 10,557.58 2031 $ 2,421.79 $ 7,882.89 $ 261.61 $ 10,566.29 2032 $ 2,572.79 $ 7,732.25 $ 266.85 $ 10,571.89 2033 $ 2,729.60 $ 7,572.23 $ 272.18 $ 10,574.01 2034 $ 2,903.83 $ 7,402.45 $ 277.63 $ 10,583.90 2035 $ 3,083.86 $ 7,221.83 $ 283.18 $ 10,588.87 2036 $ 3,275.51 $ 7,030.01 $ 288.84 $ 10,594.37 2037 $ 3,478.78 $ 6,826.27 $ 294.62 $ 10,599.68 2038 $ 3,693.67 $ 6,609.89 $ 300.51 $ 10,604.07 2039 $ 3,925.97 $ 6,380.15 $ 306.52 $ 10,612.64 2040 $ 4,169.89 $ 6,135.95 $ 312.65 $ 10,618.50 2041 $ 4,425.43 $ 5,876.59 $ 318.91 $ 10,620.92 2042 $ 4,704.20 $ 5,601.32 $ 325.28 $ 10,630.80 2043 $ 4,994.58 $ 5,308.72 $ 331.79 $ 10,635.09 2044 $ 5,308.19 $ 4,998.06 $ 338.43 $ 10,644.68 2045 $ 5,633.42 $ 4,667.89 $ 345.19 $ 10,646.51 2046 $ 5,987.69 $ 4,317.49 $ 352.10 $ 10,657.28 2047 $ 6,359.38 $ 3,945.06 $ 359.14 $ 10,663.57 2048 $ 6,754.30 $ 3,549.50 $ 366.32 $ 10,670.12 2049 $ 7,172.45 $ 3,129.39 $ 373.65 $ 10,675.48 2050 $ 7,619.64 $ 2,683.26 $ 381.12 $ 10,684.02 2051 $ 8,095.86 $ 2,209.32 $ 388.75 $ 10,693.93 2052 $ 8,595.32 $ 1,705.76 $ 396.52 $ 10,697.60 2053 $ 9,129.63 $ 1,171.13 $ 404.45 $ 10,705.20 2054 $ 9,698.78 $ 603.26 $ 412.54 $ 10,714.58 Total $ 138,547.31 $ 170,558.60 $ 9,424.21 $ 318,530.12 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 6 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA #1 LOT TYPE 6 PRINCIPAL ASSESSMENT: $166,256.78 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 6 PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 2,021.06 $ 10,341.17 $ 278.77 $ 12,641.00 2026 $ 2,146.51 $ 10,215.46 $ 284.34 $ 12,646.31 2027 $ 2,278.92 $ 10,081.95 $ 290.03 $ 12,650.90 2028 $ 2,425.27 $ 9,940.20 $ 295.83 $ 12,661.30 2029 $ 2,571.63 $ 9,789.35 $ 301.75 $ 12,662.72 2030 $ 2,731.92 $ 9,629.39 $ 307.78 $ 12,669.09 2031 $ 2,906.15 $ 9,459.47 $ 313.94 $ 12,679.55 2032 $ 3,087.35 $ 9,278.70 $ 320.22 $ 12,686.27 2033 $ 3,275.51 $ 9,086.67 $ 326.62 $ 12,688.81 2034 $ 3,484.59 $ 8,882.93 $ 333.15 $ 12,700.68 2035 $ 3,700.63 $ 8,666.19 $ 339.82 $ 12,706.64 2036 $ 3,930.62 $ 8,436.01 $ 346.61 $ 12,713.24 2037 $ 4,174.54 $ 8,191.53 $ 353.54 $ 12,719.61 2038 $ 4,432.40 $ 7,931.87 $ 360.62 $ 12,724.89 2039 $ 4,711.17 $ 7,656.18 $ 367.83 $ 12,735.17 2040 $ 5,003.87 $ 7,363.14 $ 375.18 $ 12,742.20 2041 $ 5,310.52 $ 7,051.90 $ 382.69 $ 12,745.11 2042 $ 5,645.04 $ 6,721.59 $ 390.34 $ 12,756.97 2043 $ 5,993.50 $ 6,370.47 $ 398.15 $ 12,762.11 2044 $ 6,369.83 $ 5,997.67 $ 406.11 $ 12,773.61 2045 $ 6,760.11 $ 5,601.47 $ 414.23 $ 12,775.81 2046 $ 7,185.23 $ 5,180.99 $ 422.52 $ 12,788.73 2047 $ 7,631.25 $ 4,734.07 $ 430.97 $ 12,796.29 2048 $ 8,105.16 $ 4,259.40 $ 439.59 $ 12,804.15 2049 $ 8,606.94 $ 3,755.26 $ 448.38 $ 12,810.58 2050 $ 9,143.57 $ 3,219.91 $ 457.35 $ 12,820.82 2051 $ 9,715.04 $ 2,651.18 $ 466.49 $ 12,832.71 2052 $ 10,314.39 $ 2,046.91 $ 475.82 $ 12,837.12 2053 $ 10,955.55 $ 1,405.35 $ 485.34 $ 12,846.24 2054 $ 11,638.53 $ 723.92 $ 495.05 $ 12,857.50 Total $ 166,256.78 $ 204,670.32 $ 11,309.05 $ 382,236.15 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 7 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: I) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA #1 LOT TYPE 7 PRINCIPAL ASSESSMENT: $221,675.70 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this , 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 7 PrincipalInstallment [a] Annual Collection • Due 1/31 2025 $ 2,694.75 $ 13,788.23 $ 371.69 $ 16,854.67 2026 $ 2,862.01 $ 13,620.62 $ 379.12 $ 16,861.75 2027 $ 3,038.56 $ 13,442.60 $ 386.71 $ 16,867.87 2028 $ 3,233.70 $ 13,253.60 $ 394.44 $ 16,881.74 2029 $ 3,428.84 $ 13,052.46 $ 402.33 $ 16,883.63 2030 $ 3,642.56 $ 12,839.19 $ 410.38 $ 16,892.12 2031 $ 3,874.86 $ 12,612.62 $ 418.58 $ 16,906.07 2032 $ 4,116.46 $ 12,371.61 $ 426.95 $ 16,915.02 2033 $ 4,367.35 $ 12,115.56 $ 435.49 $ 16,918.41 2034 $ 4,646.12 $ 11,843.91 $ 444.20 $ 16,934.24 2035 $ 4,934.18 $ 11,554.92 $ 453.09 $ 16,942.19 2036 $ 5,240.82 $ 11,248.02 $ 462.15 $ 16,950.99 2037 $ 5,566.05 $ 10,922.04 $ 471.39 $ 16,959.48 2038 $ 5,909.87 $ 10,575.83 $ 480.82 $ 16,966.52 2039 $ 6,281.55 $ 10,208.24 $ 490.44 $ 16,980.23 2040 $ 6,671.83 $ 9,817.52 $ 500.25 $ 16,989.60 2041 $ 7,080.69 $ 9,402.54 $ 510.25 $ 16,993.47 2042 $ 7,526.72 $ 8,962.12 $ 520.46 $ 17,009.29 2043 $ 7,991.33 $ 8,493.96 $ 530.86 $ 17,016.15 2044 $ 8,493.11 $ 7,996.90 $ 541.48 $ 17,031.49 2045 $ 9,013.47 $ 7,468.62 $ 552.31 $ 17,034.41 2046 $ 9,580.30 $ 6,907.99 $ 563.36 $ 17,051.64 2047 $ 10,175.00 $ 6,312.09 $ 574.62 $ 17,061.72 2048 $ 10,806.88 $ 5,679.21 $ 586.12 $ 17,072.20 2049 $ 11,475.92 $ 5,007.02 $ 597.84 $ 17,080.78 2050 $ 12,191.42 $ 4,293.22 $ 609.80 $ 17,094.43 2051 $ 12,953.38 $ 3,534.91 $ 621.99 $ 17,110.29 2052 $ 13,752.52 $ 2,729.21 $ 634.43 $ 17,116.16 2053 $ 14,607.40 $ 1,873.80 $ 647.12 $ 17,128.33 2054 $ 15,518.04 $ 965.22 $ 660.06 $ 17,143.33 Total $ 221,675.70 $ 272,893.76 $ 15,078.73 $ 509,648.19 Footnotes: [a] Interest is calculated at a 6.22%rate for illustrative purposes. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment PID Reimbursement Agreement Whitecap Public Improvement District No. 1 This PID Reimbursement Agreement (this "Agreement") is entered into by Ashlar Interests, LLC (the "Developer") and the City of Corpus Christi Texas (the "Ci1y"),to be effective , 20 , (the "Effective Date"). The Developer and the City are individually referred to as a "P=" and collectively as the "Parties." SECTION 1. RECITALS 1.1 WHEREAS, capitalized terms used in this Agreement shall have the meanings given to them in Section 2; 1.2 WHEREAS, unless otherwise defined: (1) all references to "sections" shall mean sections of this Agreement; (2) all references to "exhibits" shall mean exhibits to this Agreement which are incorporated as part of this Agreement for all purposes; and (3) all references to "ordinances" or "resolutions" shall mean ordinances or resolutions adopted by the City Council; 1.3 WHEREAS, the Developer is a Texas limited liability company; 1.4 WHEREAS, the City is a Texas home-rule municipality; 1.5 WHEREAS, on May 17, 2022, the City Council passed and approved the PID Creation Resolution authorizing the creation of the PID pursuant to the Act, covering approximately 242.011 contiguous acres within the City's corporate limits, which land is described in the PID Creation Resolution; 1.6 WHEREAS, on February 20, 2024, the City Council passed and approved an Assessment Ordinance related to Improvement Area 91 of the PID; 1.7 WHEREAS, the City Council expects to pass and approve additional Assessment Ordinances related to other phases of development in the PID in the future as such phases are developed; 1.8 WHEREAS, each Assessment Ordinance approves the SAP, including each Assessment Roll attached thereto; Page 1 1156.011\801090.6 1.9 WHEREAS, the SAP identifies Authorized Improvements to be designed, constructed, and installed by or at the direction of the Parties that confer a special benefit on the Assessed Property; 1.10 WHEREAS, the SAP sets forth the Actual Costs of the Authorized Improvements; 1.11 WHEREAS,the Assessed Property is being developed in phases or"Improvement Areas;" 1.12 WHEREAS, this Agreement shall apply to all Improvement Areas and no additional reimbursement agreement shall be required for Improvement Areas to be developed in the future following the initial phase of development constituting "Improvement Area#1"; 1.13 WHEREAS, the SAP determines and apportions the Actual Costs of the Authorized Improvements to the Assessed Property,which Actual Costs represent the special benefit that the Authorized Improvements confer upon the Assessed Property as required by the Act; 1.14 WHEREAS, in each Assessment Ordinance the City levied or expects to levy a portion of the Actual Costs of the Authorized Improvements as Assessments against the Assessed Property in the amounts set forth on the Assessment Roll(s); 1.15 WHEREAS, Assessments, including the Annual Installments thereof, are or will be due and payable once levied as described in the SAP; 1.16 WHEREAS, Assessments, including the Annual Installments thereof, shall be billed and collected by the City or its designee; 1.17 WHEREAS,the Parties agree the City's obligations to reimburse the Developer for Actual Costs of Authorized Improvements constructed for the benefit of any Improvement Area are: (1) contingent upon the City levying Assessments against property within such Improvement Area benefitting from the Authorized Improvements, (2) payable solely from the Assessments, including the Annual Installments of such Assessments, collected from Assessed Property within such Improvement Area, and (3) not due and owing unless and until the City actually adopts an Assessment Ordinance levying such Assessments; 1.18 WHEREAS, Assessment Revenue from the collection of Assessments, including the Annual Installments thereof, shall be deposited(1) as provided in the applicable Indenture if PID Bonds secured by such Assessments are issued, or (2) into the PID Reimbursement Fund if no such PID Bonds are issued or none of such PID Bonds remain outstanding; Page 2 1156.011\801090.6 1.19 WHEREAS, Bond Proceeds shall be deposited as provided in the applicable Indenture; 1.20 WHEREAS, a PID Project Fund related to each series of PID Bonds shall only be used in the manner set forth in the applicable Indenture; 1.21 WHEREAS, this Agreement is a "reimbursement agreement" authorized by Section 372.023(d)(1) of the Act; 1.22 WHEREAS, the foregoing RECITALS: (1) are part of this Agreement for all purposes; (2) are true and correct; (3) create obligations of the Parties (unless otherwise stated therein or in the body of this Agreement), and(4) each Party has relied upon such Recitals, each of which are incorporated as part of this Agreement for all purposes, in entering into this Agreement; and 1.23 WHEREAS, all resolutions and ordinances referenced in this Agreement (e.g., the PID Creation Resolution, Development Agreement, and each Assessment Ordinance), together with all other documents referenced in this Agreement (e.g., the SAP and each Indenture), are incorporated as part of this Agreement for all purposes as if such resolutions, ordinances, and other documents were set forth in their entirety in or as exhibits to this Agreement. NOW THEREFORE, for and in consideration of the mutual obligations of the Parties set forth in this Agreement, the Parties agree as follows: SECTION 2. DEFINITIONS 2.1 "Act" is defined as Chapter 372, Texas Local Government Code, as amended. 2.2 "Actual Costs" are defined in the SAP. 2.3 "Administrator" is defined in the SAP. 2.4 "Agreement" is defined in the introductory paragraph. 2.5 "Annual Collection Costs" are defined in the SAP. 2.6 "Annual Installment" is defined in the SAP. 2.7 "Applicable Laws" means the Act and all other laws or statutes, rules, or regulations of the State of Texas or the United States, as the same may be amended, by which the City and its powers, securities, operations, and procedures are, or may be, governed or from which its powers may be derived. Page 3 1156.011\801090.6 2.8 "Assessed Property" is defined in the SAP. 2.9 "Assessment" is defined in the SAP. 2.10 "Assessment Ordinance" is defined in the SAP. 2.11 "Assessment Revenue" means the revenues actually received by or on behalf of the City from any one or more of the following: (1) an Assessment levied against Assessed Property, or Annual Installment payment thereof, including any interest on such Assessment or Annual Installment during any period of delinquency, (2) a Prepayment, and (3) foreclosure proceeds. 2.12 "Assessment Roll" is defined in the SAP. 2.13 "Authorized Improvements" are defined in the SAP. 2.14 'Bond Proceeds" mean the proceeds derived from the issuance and sale of [a series of] PID Bonds that are deposited and made available to pay Actual Costs in accordance with the applicable Indenture. 2.15 "Certificate for Pam" means a certificate (substantially in the form of Exhibit A or as otherwise approved by the Developer and the City Representative) executed by a representative of the Developer and approved by a City Representative, delivered to a City Representative (and/or, if applicable, to the trustee named in any applicable Indenture), specifying the work performed and the amount charged (including materials and labor costs) for Actual Costs, and requesting payment of such amount from the appropriate fund or funds. Each certificate shall include supporting documentation in the standard form for City construction projects and evidence that each Authorized Improvement(or its completed segment) covered by the certificate has been inspected by the City. 2.16 "Change Order" is defined in Section 3.12. 2.17 "CC" is defined in the introductory paragraph. 2.18 "City Council" means the governing body of the City. 2.19 "City Representative" means any person authorized by the City Council to undertake the actions referenced herein. 2.20 "Closing Disbursement Request" means a request in the form of Exhibit B or as otherwise approved by the Parties. Page 4 1156.011\801090.6 2.21 "Commitment" is defined in Section 3.10. 2.22 "Cost Underrun" is defined in Section 3.11. 2.23 "Coun " is defined in the SAP. 2.24 "Default" is defined in Section 4.8.1. 2.25 "Delinquent Collection Costs" are defined in the SAP. 2.26 "Developer" is defined in the introductory paragraph. 2.27 "Developer Advances" mean advances made by the Developer to pay Actual Costs. 2.28 "Developer Improvement Account" means an account of the PID Project Fund which may be created and established under the applicable Indenture (and segregated from all other funds contained in the PID Project Fund) into which the City deposits, or directs the applicable trustee to deposit, any funds received from the Developer as required under such Indenture. 2.29 "Development Agreement" is defined in the SAP. 2.30 "Effective Date" is defined in the introductory paragraph. 2.31 "Failure" is defined in Section 4.8.1. 2.32 "Improvement Area" is a phase of development defined and described by metes and bounds in the SAP.. 2.33 "Improvement Area#1" is defined in the SAP. 2.34 "Indenture" means the applicable trust indenture pursuant to which PID Bonds are issued. 2.35 "Maturi . Date" is the date one year after the last Annual Installment is collected. 2.36 "PLriy" and "Parties" are defined in the introductory paragraph. 2.37 "PID" is defined as the Whitecap Public Improvement District No. 1, created by the PID Creation Resolution. 2.38 "PID Bonds" are defined in the SAP. 2.39 "PID Creation Resolution" is defined as Resolution No. 032761 passed and approved by the City Council on May 17, 2022, and recorded in the official public records of Nueces County, Texas, as Instrument No. 2022024701 on May 20, 2022. Page 5 1156.011\801090.6 2.40 "PID Pledged Revenue Fund" means, collectively,the fund established by the City under each applicable Indenture (and segregated from all other funds of the City) into which the City deposits Assessment Revenue securing PID Bonds issued and still outstanding. 2.41 "PID Project Fund" means, collectively, the fund, including all accounts created within such fund, established by the City under each applicable Indenture (and segregated from all other funds of the City)into which the City deposits Bond Proceeds in the amounts and as described in the applicable Indenture. 2.42 "PID Reimbursement Fund" means the fund, including all accounts created within such fund to designate Assessment Revenues collected from each Improvement Area, to be established by the City under this Agreement (and segregated from all other funds of the City) held by the City or the City's designee into which the City deposits Assessment Revenue if not deposited into the PID Pledged Revenue Fund. 2.43 "Prepayment" is defined in the SAP. 2.44 "Reimbursement Agreement Balance" is defined in Section 3.3. 2.45 "SAP" is defined as the Whitecap Public Improvement District Service and Assessment Plan approved February 20, 2024, as part of the Assessment Ordinance adopted by the City Council on February 20, 2024 and recorded in the official public records of Nueces County, Texas as Instrument No. on , 20 , as the same may be updated or amended by City Council action in accordance with the Act. 2.46 "Transfer" and "Transferee" are defined in Section 4.11. SECTION 3. FUNDING AUTHORIZED IMPROVEMENTS 3.1 Fund Deposits. Until PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued, the City shall bill, collect, and immediately deposit into the PID Reimbursement Fund all Assessment Revenue consisting of: (1) revenue collected from the payment of Assessments (including pre-payments and amounts received from the foreclosure of liens but excluding costs and expenses related to collection); and (2) revenue collected from the payment of Annual Installments (excluding Annual Collection Costs and Delinquent Collection Costs). Unless and until PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued, funds in the PID Reimbursement Fund shall be Page 6 1156.011\801090.6 deposited into a segregated account relating to the Improvement Area from which such Assessment Revenue was collected and such funds shall only be used to pay Actual Costs of the Authorized Improvements benefitting that Improvement Area or all or any portion of the Reimbursement Agreement Balance related to that Improvement Area in accordance with this Agreement. Once PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued, the City shall bill, collect, and immediately deposit all Assessment Revenue collected from that Improvement Area that secure such series of PID Bonds in the manner set forth in the applicable Indenture. The City shall also deposit Bond Proceeds and any other funds authorized or required by the applicable Indenture in the manner set forth in the applicable Indenture. Annual Installments shall be billed and collected by the City(or by any person, entity,or governmental agency permitted by law)in the same manner and at the same time as City ad valorem taxes are billed and collected. Funds in the PID Project Fund shall only be used in accordance with the applicable Indenture;provided that funds disbursed from the applicable PID Project Fund pursuant to Section 3.5 below shall be made first from Bond Proceeds held in the applicable accounts within such PID Project Fund until such accounts are fully depleted and then from the Developer Improvement Account of the applicable PID Project Fund, if applicable. Subject to Section 3.6 below, the Actual Costs of Authorized Improvements within each Improvement Area shall be paid from: (1) the Assessment Revenue collected solely from Assessments levied on the property within such Improvement Area benefitting from such Authorized Improvements and on deposit in the PID Reimbursement Fund; or (2)net Bond Proceeds or other amounts deposited in an account of the PID Project Fund created under an Indenture related to PID Bonds secured by Assessment Revenue collected solely from Assessments levied on benefitted property within such Improvement Area. The City will take and pursue all actions permissible under Applicable Laws to cause the Assessments to be collected and the liens related to such Assessments to be enforced continuously, in the manner and to the maximum extent permitted by the Applicable Laws, and, to the extent permitted by Applicable Laws, to cause no reduction, abatement or exemption in the Assessments for so long as any PID Bonds are outstanding or a Reimbursement Agreement Balance remains outstanding. The City shall determine or cause to be determined, no later than February 15 of each year whether any Annual Installment is delinquent. If such delinquencies exist, then the City will order and cause to be commenced as soon as practicable any and all appropriate and legally permissible actions to obtain such Annual Installment, and any delinquent charges and interest thereon, including diligently prosecuting an action to foreclose the Page 7 1156.011\801090.6 currently delinquent Annual Installment; provided, however, the City shall not be required under any circumstances to purchase or make payment for the purchase of the delinquent Assessment or the corresponding Assessed Property or to use any City funds, revenues, taxes, income, or property other than moneys collected from the Assessments for the payment of Actual Costs of Authorized Improvements under this Agreement. Once PID Bonds are issued, the applicable Indenture shall control in the event of any conflict with this Agreement. 3.2 Payment of Actual Costs. Subject to Section 3.6 below, if PID Bonds are not issued (or prior to such issuance)to pay Actual Costs of Authorized Improvements, the Developer may elect to make Developer Advances to pay Actual Costs. If PID Bonds are issued, the Bond Proceeds shall be used in the manner provided in the applicable Indenture; and, except as may be required under the Development Agreement and/or an applicable Indenture, the Developer shall have no obligation to make Developer Advances for the related Authorized Improvements, unless the Bond Proceeds, together with any other funds in the PID Project Fund or PID Reimbursement Fund, are insufficient to pay the Actual Costs of such Authorized Improvements, in which case the Developer shall make Developer Advances to pay the deficit. If Developer Advances are required in connection with the issuance of a series of PID Bonds, then such Developer Advances may be reduced by the amount of payments of Actual Costs of the Authorized Improvements (or portions thereof) to be financed by such PID Bonds that the Developer has previously paid if(1) the Developer submits to the City all information related to such costs that would be required by a Closing Disbursement Request at least five (5) days prior to the pricing date of such PID Bonds, and(2)the City approves such Actual Costs in writing. The Developer shall also make Developer Advances to pay for cost overruns(after applying cost savings). The lack of Bond Proceeds or other funds in the PID Project Fund shall not diminish the obligation of the Developer to pay Actual Costs of the Authorized Improvements. 3.3 Payment of Reimbursement Agreement Balance. Subject to the terms, conditions, and requirements of this Agreement,including Section 3.6 hereof, The City agrees to pay to the Developer, and the Developer shall be entitled to receive payments from the City, until the Maturity Date, for the lesser of: (a) amounts shown on each approved Certificate for Payment for Actual Costs of Authorized Improvements paid by or at the direction of the Developer, and (b) the reimbursement amount shown in Schedule I of the SAP plus: (1) simple interest on the unpaid principal balance at a rate equal to or less than five percent (5%) above the highest average index rate for tax-exempt bonds reported in a daily or weekly bond index shown on Schedule I of the SAP that was approved by the City Council Page 8 1156.011\801090.6 of the City and reported in the month before the date the obligation is incurred(which date is the date of approval by the City of the Assessment Ordinance levying the Assessments from which the Reimbursement Agreement Balance, or a portion thereof, shall be paid) for years one through five beginning on the date each Certificate for Payment is delivered to the City Representative; and (2) simple interest on the unpaid principal balance at a rate equal to or less than two percent (2%) above the highest average index rate for tax-exempt bonds reported in a daily or weekly bond index reported in the month before the date the obligation was incurred (which date is the same as the approval by the City of the Assessment Ordinance levying the Assessments from which the Reimbursement Agreement Balance, or a portion thereof, shall be paid) for years six and later (the unpaid principal balance,together with accrued but unpaid interest,owed the Developer for all Certificates for Payment is referred to as the "Reimbursement Agreement Balance"); provided, however, upon the issuance of PID Bonds, the interest rate due and unpaid on amounts shown on each Certificate for Payment to be paid to the Developer shall be the lower of: (1)the interest rate on such series of PID Bonds issued to finance the costs of the Authorized Improvements for which the Certificate for Payment was filed, or (2)the interest rate approved by the City Council of the City in the Assessment Ordinance levying the Assessments from which the Bonds shall be paid. The interest rates set forth in Schedule I of the SAP shall be approved by the City Council in each Assessment Ordinance as authorized by the Act. The principal amount of each portion of the Reimbursement Agreement Balance to be paid under each Assessment Ordinance, and the interest rate for such portion of the Reimbursement Agreement Balance, shall be shown on Schedule I attached to the SAP and Schedule I is incorporated as a part of this Agreement for all purposes. Interest shall accrue on each Reimbursement Agreement Balance from the later of: (1) final plat approval as evidenced by recording the final plat in the real property records of the County, and (2) the levy of Assessments securing such Reimbursement Agreement Balance. As the City passes and approves additional Assessment Ordinances and/or issues PID Bonds, the City shall approve an updated Schedule I as part of the updated or amended SAP for the sole purpose of showing the principal amount of the portion of the Reimbursement Agreement to be paid under such newly-adopted Assessment Ordinance and any adjustments to the interest rate for such portion of the Reimbursement Agreement Balance if applicable. Such updated Schedule I attached to the SAP shall automatically be incorporated as part of this Agreement for all purposes as if attached hereto without any further action from the Parties. Page 9 1156.011\801090.6 The Reimbursement Agreement Balance is payable solely from: (1) the PID Reimbursement Fund if no PID Bonds are issued for the purposes of paying the Authorized Improvements related to such Reimbursement Agreement Balance, or(2) from PID Bond Proceeds. No other City funds, revenues, taxes, income, or property shall be used even if the Reimbursement Agreement Balance is not paid in full by the Maturity Date. All payments made from Bond Proceeds shall be made in the manner set forth in the applicable Indenture. So long as no PID Bonds are issued and the City has received and approved a Certificate for Payment, the City shall make payments to the Developer toward the Reimbursement Agreement Balance related to each Improvement Area from Assessment Revenue collected from such Improvement Area (excluding the portion of each Assessment, or Annual Installment thereof, collected for Annual Collection Costs) and deposited in the PID Reimbursement Fund. Such payments shall be in an amount not to exceed the Assessment Revenue (excluding the portion of each Assessment, or Annual Installment thereof, collected for Annual Collection Costs) related to such Improvement Area on deposit in the PID Reimbursement Fund; and, such payments shall be made at least annually and no later than 60 days after the date payment of the Annual Installments are due and payable to the City. In the event that a Prepayment of an Assessment is made prior to the issuance of PID Bonds,the City shall remit payment to the Developer of an amount of the Reimbursement Agreement Balance then due and payable not to exceed the Assessment Revenue related to such Prepayment from the Assessment Revenue deposited into the PID Reimbursement Fund within 60 days after the Prepayment is made. Each payment from the PID Reimbursement Fund shall be accompanied by an accounting that certifies the Reimbursement Agreement Balance as of the date of the payment and that itemizes all deposits to and disbursements from the fund since the last payment. Approval of a Certificate for Payment and all payments under this Agreement are predicated on: (1) the Developer constructing and installing, or the City acquiring (if applicable), the Authorized Improvements (or portion thereof) shown on each Certificate for Payment as required under the Development Agreement; (2)the Developer providing the necessary supporting documentation in the standard form for City construction projects; and (3) the City's inspection of each Authorized Improvement (or portion thereof) covered by each Certificate for Payment; provided, however, in no event shall the City Representative be authorized to approve a Certificate for Payment if the City has not previously levied an Assessment against Assessed Property within an Improvement Area related to and benefitting from the Authorized Improvements for which such Certificate for Payment has been Page 10 1156.011\801090.6 submitted. If there is a dispute over the amount of any payment, the City shall nevertheless pay the undisputed amount, and the Parties shall use all reasonable efforts to resolve the disputed amount before the next payment is made; however, if the Parties are unable to resolve the disputed amount, then the City's determination of the disputed amount(as approved by the City Council) shall control. Notwithstanding anything to the contrary in this Agreement, the City shall be under no obligation to reimburse the Developer for Actual Costs of any Authorized Improvement that is not accepted by the City. The City's obligation to reimburse the Reimbursement Agreement Balance related to the Authorized Improvements for a particular Improvement Area constructed for the benefit of the Assessed Property within such Improvement Area is: (1) contingent upon the City levying Assessments against property within such Improvement Area benefitting from the Authorized Improvements, (2) payable solely from the Assessments, including the Annual Installments of such Assessments, collected from Assessed Property within such Improvement Area, and(3)not due and owing unless and until the City actually adopts an Assessment Ordinance levying such Assessments. 3.4 PID Bonds. The City, in its sole, legislative discretion, may issue PID Bonds, in one or more series,when and if the City Council determines it is financially feasible for the purposes of: (1)paying all or a portion of the Reimbursement Agreement Balance; or (2) paying directly Actual Costs of Authorized Improvements. PID Bonds issued for such purpose will be secured by and paid solely as authorized by the applicable Indenture. Upon the issuance of PID Bonds for such purpose and for so long as PID Bonds remain outstanding, the Developer's right to receive payments each year in accordance with Section 3.3 shall be subordinate to the deposits required under the applicable Indenture related to any outstanding PID Bonds and the Developer shall be entitled to receive funds pursuant to the flow of funds provisions of such Indenture. The failure of the City to issue PID Bonds shall not constitute a "Failure" by the City or otherwise result in a "Default" by the City. Upon the issuance of the PID Bonds, the Developer has a duty to construct those Authorized Improvements as described in the SAP and the Development Agreement. The Developer shall not be relieved of its duty to construct or cause to be constructed such improvements even if there are insufficient funds in the PID Project Fund to pay the Actual Costs. This Agreement shall apply to all PID Bonds issued by the City whether in one or more series, and no additional reimbursement agreement shall be required for future series of PID Bonds. Page 11 1156.011\801090.6 3.5 Disbursements and Transfers at and after Bond Closing. The City and the Developer agree that from the proceeds of the PID Bonds, and upon the presentation of evidence satisfactory to the City Representative, the City will cause the trustee under the applicable Indenture to pay at closing of the PID Bonds approved amounts from the appropriate account to the persons entitled to payment for costs of issuance and payment of costs incurred in the establishment, administration, and operation of the PID and any other costs incurred by the Developer and the City as of the time of the delivery of the PID Bonds as described in the SAP. In order to receive disbursement, the Developer shall execute a Closing Disbursement Request to be delivered to the City no less than five (5) days prior to the pricing date for the applicable series of PID Bonds for payment in accordance with the provisions of the Indenture. In order to receive additional disbursements from any applicable fund under an Indenture,the Developer shall execute a Certificate for Payment,no more frequently than monthly, to be delivered to the City for payment in accordance with the provisions of the applicable Indenture and this Agreement. Upon receipt of a Certificate for Payment (along with all accompanying documentation required by the City) from the Developer, the City shall conduct a review in order to confirm that such request is complete, to confirm that the work for which payment is requested was performed in accordance with all Applicable Laws and applicable plans therefore and with the terms of this Agreement and any other agreement between the parties related to property in the PID, and to verify and approve the Actual Costs of such work specified in such Certificate for Payment. The City shall also conduct such review as is required in its discretion to confirm the matters certified in the Certificate for Payment. The Developer agrees to cooperate with the City in conducting each such review and to provide the City with such additional information and documentation as is reasonably necessary for the City to conclude each such review. The Developer further agrees that if the City provides to the Developer a sales tax exemption certificate then sales tax will not be approved for payment under a Certification for Payment. Within fifteen (15)business days following receipt of any Certificate for Payment, the City shall either: (1) approve the Certificate for Payment and forward it to the trustee for payment, or(2)provide the Developer with written notification of disapproval of all or part of a Certificate for Payment, specifying the basis for any such disapproval. Any disputes shall be resolved as required by Section 3.3 herein. The City shall deliver the approved or partially approved Certificate for Payment to the trustee for payment, and the trustee shall make the disbursements as quickly as practicable thereafter. Page 12 1156.011\801090.6 3.6 Obligations Limited. The obligations of the City under this Agreement shall not, under any circumstances, give rise to or create a charge against the general credit or taxing power of the City or a debt or other obligation of the City payable from any source other than the PID Reimbursement Fund or the PID Project Fund. The Parties further agree that the City's obligation under this Agreement to reimburse the Developer for Actual Costs of Authorized Improvements within any Improvement Area shall only be paid from: (1) net proceeds of PID Bonds, if issued, on deposit in the PID Project Fund related to such PID Bonds, and/or (2) Assessments, including Annual Installments of such Assessments, collected from such Improvement Area. The Parties further agree that the City's obligation under this Agreement to reimburse the Developer for Actual Costs of Authorized Improvements constructed for the benefit of any Improvement Area is: (1) contingent upon the City levying Assessments against property within such Improvement Area benefitting from the Authorized Improvements, (2) payable solely from the Assessments, including the Annual Installments of such Assessments, collected from Assessed Property within such Improvement Area, and (3) not due and owing unless and until the City actually adopts an Assessment Ordinance levying such Assessments. Concurrent with the levy of Assessments against any Improvement Area,the City will: (1) establish a separate account within the PID Reimbursement Fund relating solely to such Improvement Area,if no PID Bonds are issued, or (2) establish a separate PID Project Fund under an Indenture if PID Bonds are issued, out of which the City will pay its obligations related to such Improvement Area; and, until such time,this Agreement does not create any obligations of the City with respect to any Improvement Area for which Assessments have not been levied. Unless approved by the City, no other City funds, revenues, taxes, or income of any kind shall be used to pay: (1) the Actual Costs of the Authorized Improvements; (2) the Reimbursement Agreement Balance even if the Reimbursement Agreement Balance is not paid in full on or before the Maturity Date; or(3) debt service on any PID Bonds. None of the City or any of its elected or appointed officials or any of its officers, employees, consultants or representatives shall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of this Agreement or their acts or omissions under this Agreement. 3.7 Obligation to Pay. Subject to the provisions of Section 3.3 and 3.6, if the Developer is in substantial compliance with its obligations under the Development Agreement, then following the inspection and approval of any portion of Authorized Improvements for which Developer seeks reimbursement of the Actual Costs by submission of a Certificate for Payment or City approval of a Closing Disbursement Request, the obligations of the City under this Agreement to pay from Page 13 1156.011\801090.6 Assessment Revenue or the net proceeds of PID Bonds, as applicable, disbursements (whether to the Developer or to any person designated by the Developer) identified in any Closing Disbursement Request or in any Certificate for Payment and to pay debt service on PID Bonds are unconditional AND NOT subject to any defenses or rights of offset except as may be provided in any Indenture. 3.8 Ci1y Delegation of Authority. All Authorized Improvements shall be constructed by or at the direction of the Developer in accordance with the plans,the Development Agreement, applicable City ordinances and regulations, and with this Agreement and any other agreement between the parties related to property in the PID. The Developer shall perform, or cause to be performed, all of its obligations and shall conduct, or cause to be conducted, all operations with respect to the construction of Authorized Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer has sole responsibility of ensuring that all Authorized Improvements are constructed in accordance with the Development Agreement and in a good, workmanlike and commercially reasonable manner,with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall employ at all times adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of all Authorized Improvements to be acquired and accepted by the City from the Developer. If any Authorized Improvements are or will be on land owned by the City, the City hereby grants to the Developer a license to enter upon such land for purposes related to construction (and maintenance pending acquisition and acceptance) of the Authorized Improvements. Inspection and acceptance of Authorized Improvements will be in accordance with applicable City ordinances and regulations. 3.9 Security for Authorized Improvements. Prior to completion and conveyance to the City of any Authorized Improvements, the Developer shall cause to be provided to the City a maintenance bond in the amount required by the City's subdivision regulations for applicable Authorized Improvements, which maintenance bond shall be for a term of two years from the date of final acceptance of the applicable Authorized Improvements. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that legal counsel for Page 14 1156.011\801090.6 the City has the right to reject any surety company regardless of such company's authorization to do business in Texas. Nothing in this Agreement shall be deemed to prohibit the Developer or the City from contesting in good faith the validity or amount of any mechanics or materialman's lien and/or judgment nor limit the remedies available to the Developer or the City with respect thereto so long as such delay in performance shall not subject the Authorized Improvements to foreclosure, forfeiture, or sale. In the event that any such lien and/or judgment with respect to the Authorized Improvements is contested, the Developer shall be required to post or cause the delivery of a surety bond or letter of credit, whichever is preferred by the City, in an amount reasonably determined by the City, not to exceed 120 percent of the disputed amount. 3.10 Ownership and Transfer of Authorized Improvements. If requested in writing by the City, Developer shall furnish to the City a commitment for title insurance(a"Commitment")for land related to the Authorized Improvements to be acquired and accepted by the City from the Developer and not previously dedicated or otherwise conveyed to the City. The Commitment shall be made available for City review and must be approved at least fifteen (15)business days prior to the scheduled transfer of title. The City agrees to approve the Commitment unless it reveals a matter which, in the reasonable judgment of the City, would materially affect the City's use and enjoyment of the Authorized Improvements. If the City objects to any Commitment, the City shall not be obligated to accept title to the applicable Authorized Improvements until the Developer has cured the objections to the reasonable satisfaction of the City. 3.11 Remaining Funds After Completion of an Authorized Improvement. Within any applicable Improvement Area, upon the final completion of an Authorized Improvement within such Improvement Area and payment of all outstanding invoices for such Authorized Improvement, if the Actual Cost of such Authorized Improvement is less than the budgeted cost as shown in Exhibit to the SAP (a"Cost Underrun"), any remaining budgeted cost will be available to pay Cost Overruns on any other Authorized Improvement within such Improvement Area. A City Representative shall promptly confirm to the Administrator (as defined in the SAP) that such remaining amounts are available to pay such Cost Overruns,and the Developer,the Administrator and the City Representative will agree how to use such moneys to secure the payment and performance of the work for other Authorized Improvements. Any Cost Underrun for any Authorized Improvement is available to pay Cost Overruns on any other Authorized Improvement and may be added to the amount approved for Page 15 1156.011\801090.6 payment in any Certificate for Payment, as agreed to by the Developer,the Administrator and the City Representative. 3.12 Contracts and Change Orders. The Developer shall be responsible for entering into all contracts and any supplemental agreements(herein referred to as"Change Orders")required for the construction of an Authorized Improvement. The Developer or its contractors may approve and implement any Change Orders even if such Change Order would increase the Actual Cost of an Authorized Improvement, but the Developer shall be solely responsible for payment of any Cost Overruns resulting from such Change Orders except to the extent amounts are available pursuant to Section 3.12 hereof. If any Change Order is for work that requires changes to be made by an engineer to the construction and design documents and plans previously approved under the Development Agreement, then such revisions made by an engineer must be submitted to the City for approval by the City's engineer prior to execution of the Change Order. SECTION 4. ADDITIONAL PROVISIONS 4.1 Term. The term of this Agreement shall begin on the Effective Date and shall continue until the earlier to occur of the Maturity Date or the date on which the Reimbursement Agreement Balance is paid in full. 4.2 No Competitive Bidding. Construction of the Authorized Improvements shall not require competitive bidding pursuant to Section 252.022(a) (9) of the Texas Local Government Code, as amended. All plans and specifications, but not construction contracts, shall be reviewed and approved, in writing, by the City prior to Developer selecting the contractor. The City, at its election made prior to the Developer entering into a construction contract, shall have the right to examine and approve the contractor selected by the Developer prior to executing a construction contract with the contractor, which approval shall not be unreasonably delayed or withheld. 4.3 Independent Contractor. In performing this Agreement, the Developer is an independent contractor and not the agent or employee of the City. 4.4 Audit. The City Representative shall have the right,during normal business hours and upon five(5)business days'prior written notice to the Developer,to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer with respect to any of the Authorized Improvements. For a period of two years after completion of the Authorized Improvements, the Developer shall maintain proper books of record and account for the Page 16 1156.011\801090.6 construction of the Authorized Improvements and all costs related thereto. Such accounting books shall be maintained in accordance with customary real estate accounting principles. The Developer shall have the right, during normal business hours, to review all records and accounts pertaining to the Assessments upon written request to the City. The City shall provide the Developer an opportunity to inspect such books and records relating to the Assessments during the City's regular business hours and on a mutually agreeable date no later than ten (10)business days after the City receives such written request. The City shall keep and maintain a proper and complete system of records and accounts pertaining to the Assessments for so long as PID Bonds remain outstanding or Reimbursement Agreement Balance remains unpaid. 4.5 Developer's Right to Protest Ad Valorem Taxes. Nothing in this Agreement shall be construed to limit or restrict Developer's right to protest ad valorem taxes. The Developer's decision to protest ad valorem taxes on Assessed Property does not constitute a Default under this Agreement. 4.6 PID Administration and Collection of Assessments. The Administrator shall have the responsibilities provided in the SAP related to the duties and responsibilities of the administration of the PID, and the City shall provide the Developer with a copy of the agreement between the City and the Administrator. If the City contracts with a third-party for the collection of Annual Installments of the Assessments, the City shall provide the Developer with a copy of such agreement. For so long as PID Bonds remain outstanding or the Reimbursement Agreement Balance remains unpaid, the City shall notify the Developer of any change of administrator or third-party collection of the Assessments. 4.7 Representations and Warranties. 4.7.1 The Developer represents and warrants to the City that: (1) the Developer has the authority to enter into and perform its obligations under this Agreement; (2)the Developer has the financial resources, or the ability to collect sufficient financial resources, to meet its obligations under this Agreement; (3) the person executing this Agreement on behalf of the Developer has been duly authorized to do so; (4)this Agreement is binding upon the Developer in accordance with its terms; and (5) the execution of this Agreement and the performance by the Developer of its obligations under this Agreement do not constitute a breach or event of default by the Developer under any other agreement, instrument, or order to which the Developer is a parry or by which the Developer is bound. Page 17 1156.011\801090.6 4.7.2 The City represents and warrants to the Developer that: (1) the City has the authority to enter into and perform its obligations under this Agreement; (2) the person executing this Agreement on behalf of the City has been duly authorized to do so; (3) this Agreement is binding upon the City in accordance with its terms; and (4)the execution of this Agreement and the performance by the City of its obligations under this Agreement do not constitute a breach or event of default by the City under any other agreement, instrument, or order to which the City is a party or by which the City is bound. 4.8 Default/Remedies. 4.8.1 If either Party fails to perform an obligation imposed on such Party by this Agreement (a "Failure") and such Failure is not cured after notice and the expiration of the cure periods provided in this section,then such Failure shall constitute a"Default."If a Failure is monetary, the non-performing Party shall have ten (10) days within which to cure. If the Failure is non-monetary, the non-performing Party shall have thirty (30) days within which to cure. 4.8.2 If the Developer is in Default, the City shall have available all remedies at law or in equity; provided no default by the Developer shall entitle the City to terminate this Agreement or to withhold payments to the Developer from the PID Reimbursement Fund or the PID Project Fund in accordance with this Agreement and the Indenture. 4.8.3 If the City is in Default, the Developer shall have available all remedies at law or in equity; provided, however, no Default by the City shall entitle the Developer to terminate this Agreement. 4.8.4 The City shall give notice of any alleged Failure by the Developer to each Transferee identified in any notice from the Developer, and such Transferees shall have the right, but not the obligation, to cure the alleged Failure within the same cure periods that are provided to the Developer. The election by a Transferee to cure a Failure by the Developer shall constitute a cure by the Developer but shall not obligate the Transferee to be bound by this Agreement unless the Transferee agrees in writing to be bound. 4.9 Remedies Outside the Agreement. Nothing in this Agreement constitutes a waiver by the City of any remedy the City may have outside this Agreement against the Developer, any Transferee, or Page 18 1156.011\801090.6 any other person or entity involved in the design, construction, or installation of the Authorized Improvements. The obligations of the Developer hereunder shall be those of a party hereto and not as an owner of property in the PID. Nothing herein shall be construed as affecting the City's or the Developer's rights or duties to perform their respective obligations under other agreements, use regulations, or subdivision requirements relating to the development property in the PID. 4.10 Estoppel Certificate. From time to time upon written request of the Developer, the City Manager will execute a written estoppel certificate, in form and substance satisfactory to both Parties that: (1) identifies any obligations of the Developer under this Agreement that are in default or, with the giving of notice or passage of time, would be in default; or(2) states, to the extent true,that to the best knowledge and belief of the City, the Developer is in compliance with its duties and obligations under this Agreement. 4.11 Transfers. The Developer has the right to convey, transfer, assign, mortgage, pledge, or otherwise encumber, in whole or in part without the consent of (but with notice to) the City, the Developer's right,title, or interest to payments under this Agreement(but not performance obligations) including, but not limited to, any right, title, or interest of the Developer in and to payments of the Reimbursement Agreement Balance, whether such payments are from the PID Reimbursement Fund in accordance with Section 3.3 or from Bond Proceeds (any of the foregoing, a "Transfer," and the person or entity to whom the transfer is made, a "Transferee"); provided, however, that no such conveyance,transfer, assignment, mortgage,pledge or other encumbrance shall be made without prior written consent of the City if such conveyance, transfer, assignment, mortgage, pledge or other encumbrance would result in: (1)the issuance of municipal securities,and/or(2)the City being viewed as an "obligated person" within the meaning of Rule 15c2-12 of the United States Securities and Exchange Commission, and/or (3) the City being subject to additional reporting or recordkeeping duties. Notwithstanding the foregoing, no Transfer shall be effective until notice of the Transfer is given to the City. The City may rely on notice of a Transfer received from the Developer without obligation to investigate or confirm the validity of the Transfer. The Developer waives all rights or claims against the City for any funds paid to a third party as a result of a Transfer for which the City received notice. 4.12 Applicable Law: Venue. This Agreement is being executed and delivered and is intended to be performed in the State of Texas. Except to the extent that the laws of the United States may apply,the Page 19 1156.011\801090.6 substantive laws of the State of Texas shall govern the interpretation and enforcement of this Agreement. In the event of a dispute involving this Agreement, venue shall lie in any court of competent jurisdiction in Nueces County, Texas. 4.13 Notice. Any notice referenced in this Agreement must be in writing and shall be deemed given at the addresses shown below: (1) when delivered by a nationally recognized delivery service such as FedEx or UPS with evidence of delivery signed by any person at the delivery address regardless of whether such person is the named addressee; or (2) 72 hours after deposited with the United States Postal Service, Certified Mail, Return Receipt Requested. To the City: Attn: City Manager's Office City of Corpus Christi P.O. Gox 9277 Corpus Christi, Texas 78469-9277 E-mail: E1syB@cctexas.com With a copy to: Attn: City Attorney's Office City of Corpus Christi P.O. Gox 9277 Corpus Christi, Texas 78469-9277 E-mail: MilesR@cctexas.com To the Developer: Attn: Steve Yetts Ashlar Interests, LLC 400 Las Colinas Blvd. E., Suite 1075 Irving, Texas 75039 E-mail: syetts@ashlardev.com With a copy to: Attn: Misty Ventura Shupe Ventura, PLLC 9406 Biscayne Blvd. Dallas, Texas 75218 E-mail:misty.ventura@svlandlaw.com TEL: (214) 328-1101 FAX: (800) 519-3768 Any Parry may change its address by delivering notice of the change in accordance with this section. 4.14 Conflicts; Amendment. In the event of any conflict between this Agreement and any other instrument, document, or agreement by which either Parry is bound, the provisions and intent of the applicable Indenture controls. This Agreement may only be amended by written agreement of the Parties. Page 20 1156.011\801090.6 4.15 Severability.If any provision of this Agreement is held invalid by any court, such holding shall not affect the validity of the remaining provisions. 4.16 Non-Waiver. The failure by a Party to insist upon the strict performance of any provision of this Agreement by the other Party, or the failure by a Party to exercise its rights upon a Default by the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by such other Party with the provisions of this Agreement. 4.17 Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be construed to confer upon any person or entity other than the City, the Developer, and Transferees any rights under or by reason of this Agreement. All provisions of this Agreement shall be for the sole and exclusive benefit of the City, the Developer, and Transferees. 4.18 Counterparts. This Agreement may be executed in multiple counterparts, which, when taken together, shall be deemed one original. 4.19 Employment of Undocumented Workers. During the term of this Agreement, the Developer agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a(f),the Developer shall repay the incentives granted herein within 120 days after the date the Developer is notified by the City of such violation,plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. Pursuant to Section 2264.101(c), Texas Government Code, a business is not liable for a violation of Chapter 2264 by a subsidiary, affiliate, or franchisee of the business, or by a person with whom the business contracts. 4.20 No Boycott of Israel. The Developer hereby verifies that it and its parent company,wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Agreement. As used in the foregoing verification, 'boycott Israel,'has the meaning in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas Government Code, and means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 4.21 Iran, Sudan, and Foreign Terrorist Organizations. The Developer represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company Page 21 1156.011\801090.6 identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, as amended. The foregoing representation excludes the Developer and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. 4.22 No Discrimination Against Fossil Fuel Companies. The Developer hereby verifies that it and its parent company,wholly-or majority-owned subsidiaries, and other affiliates,if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. As used in the foregoing verification, "boycott energy companies" has the meaning in Section 2276.001(1), Texas Government Code, by reference to Section 809.001, Texas Government Code, and means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize,inflict economic harm on, or limit commercial relations with a company because the company (A)engages in the exploration,production,utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by (A) above. 4.23 No Discrimination Against Firearm Entities and Firearm Trade Associations. The Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. As used in the foregoing verification and the following definitions: (a) 'discriminate against a firearm entity or firearm trade association,' has the meaning in Section 2274.001(3), Texas Government Code, and means: (A)with respect to the firearm entity or firearm trade association, to (i) refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, (ii) refrain from continuing an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, or (iii) terminate an existing business relationship Page 22 1156.011\801090.6 with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association,and(B)does not include: (i)the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency or(bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (b) 'firearm entity,' has the meaning in Section 2274.001(6), Texas Government Code, and means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4), Texas Government Code, as weapons that expel projectiles by the action of explosive or expanding gases), firearm accessories (defined in Section 2274.001(5), Texas Government Code, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1), Texas Government Code, as a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile) or a sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting); and (c) 'firearm trade association,' has the meaning in Section 2274.001(7), Texas Government Code, and means any person, corporation,unincorporated association,federation, business league, or business organization that (i) is not organized or operated for profit (and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code." Page 23 1156.011\801090.6 4.24 Affiliate. As used in Sections 4.19 through 4.24,the Developer understands 'affiliate'to mean an entity that controls, is controlled by, or is under common control with the Developer within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. 4.25 Texas Attorney General Standing Letter. The Developer represents that it has, as of the Effective Date,on file with the Texas Attorney General a standing letter addressing the representations and verifications hereinbefore described in the form attached as Exhibit B to the Updated Recommendations for Compliance with the Texas BPA Verification and Representation Requirements (December 1, 2023) of the Municipal Advisory Council of Texas or any other form accepted by the Texas Attorney General (a "Standing Letter"). In addition, if the Developer or the parent company, a wholly- or majority-owned subsidiary or another affiliate of the Developer receives or has received a letter from the Texas Comptroller of Public Accounts or the Texas Attorney General seeking written verification that the Developer is a member of the Net Zero Banking Alliance, Net Zero Insurance Alliance, Net Zero Asset Owner Alliance, or Net Zero Asset Managers or of the representations and certifications contained in the Developer's Standing Letter (a "Request Letter"), the Developer shall promptly notify the City (if it has not already done so) and provide to the City,two business days prior to the Effective Date and additionally upon request by the City, written verification to the effect that its Standing Letter described in the preceding sentence remains in effect and may be relied upon by the City and the Texas Attorney General(the"Bringdown Verification"). The Bringdown Verification shall also confirm that the Developer(or the parent company, a wholly- or majority-owned subsidiary or other affiliate of the Developer that received the Request Letter) intends to timely respond or has timely responded to the Request Letter. The Bringdown Verification may be in the form of an e-mail. 4.26 Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application system not later than the 30th day after the receipt of such form. The Parties understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor its consultants have verified. Page 24 1156.011\801090.6 4.27 Changes in Law. The Parties acknowledge and expressly agree that, during the Term, either Party may take advantage of changes in the law notwithstanding anything to the contrary in this Agreement. 4.28 Public Information. Notwithstanding any other provision to the contrary in this Agreement, all information, documents, and communications relating to this Agreement may be subject to the Texas Public Information Act and any opinion of the Texas Attorney General or a court of competent jurisdiction relating to the Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Developer agrees that this Agreement may be terminated if the Developer knowingly or intentionally fails to comply with a requirement of that subchapter,if applicable, and the Developer fails to cure the violation on or before the tenth business day after the date the City provides notice to Developer of noncompliance with Subchapter J, Chapter 552. Pursuant to Section 552.372, Texas Government Code, Developer is required to preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to the City for the duration of this Agreement; promptly provide to the City any contracting information related to this Agreement that is in the custody or possession of the Developer on request of the City; and on completion of the Agreement, either provide at no cost to the City all contracting information related to the contract that is in the custody or possession of the entity or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the City. [Execution pages follow.] Page 25 1156.011\801090.6 CITY: CITY OF CORPUS CHRISTI, TEXAS By: Paulette Guajardo, Mayor ATTEST: By: Rebecca Huerta, City Secretary APPROVED AS TO FORM AND LEGALITY: By: [Assistant] City Attorney [for City Attorney] CITY SIGNATURE PAGE To REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT 1156.011\801090.6 DEVELOPER: ASHLAR INTERESTS,LLC a Texas limited liability company By: Title: DEVELOPER SIGNATURE PAGE To REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT No. 1 1156.011\801090.6 EXHIBIT A CERTIFICATE FOR PAYMENT FORM The undersigned is an agent for Ashlar Interests, LLC (the "Developer") and requests payment from the applicable account of the [PID Reimbursement Fund] [PID Project Fund] from the City of Corpus Christi,Texas(the"City")in the amount of for labor,materials,fees,and/or other general costs related to the creation, acquisition, or construction of certain Authorized Improvements providing a special benefit to property within the Whitecap Public Improvement District No. 1.Unless otherwise defined,any capitalized terms used herein shall have the meanings ascribed to them in the PID Reimbursement Agreement between the City and the Developer, effective as of , 20 (the "Reimbursement Agreement"). In connection with the above referenced payment, the Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of the Developer, is qualified to execute this Certificate for Payment Form on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. The payment requested for the below referenced Authorized Improvements has not been the subject of any prior payment request submitted for the same work to the City or, if previously requested, no disbursement was made with respect thereto. 3. The amount listed for the Authorized Improvements below is a true and accurate representation of the Actual Costs associated with the creation, acquisition, or construction of said Authorized Improvements, and such costs (i) are in compliance with the Reimbursement Agreement, and (ii) are consistent with the Service and Assessment Plan. 4. The Developer is in compliance with the terms and provisions of the Reimbursement Agreement, the Indenture, the Service and Assessment Plan and the Development Agreement. 5. The Developer has timely paid all ad valorem taxes and annual installments of special assessments it owes or an entity the Developer controls owes, located in the Whitecap Public Improvement District and has no outstanding delinquencies for such assessments. 6. All conditions set forth in the Indenture (as defined in the Reimbursement Agreement) for the payment hereby requested have been satisfied. 7. The work with respect to the Authorized Improvements referenced below(or its completed segment) has been completed, and the City has inspected such Authorized Improvements (or its completed segment). EXHIBIT A-PAGE 1 1156.011\801090.6 8. The Developer agrees to cooperate with the City in conducting its review of the requested payment and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review. 9. No more than ninety-five percent(95%) of the budgeted or contracted hard costs for major improvements or any phase of Authorized Improvements identified may be paid until the work with respect to such Authorized Improvements (or segment) has been completed and the City has accepted such Authorized Improvements (or segment). One hundred percent(100%) of soft costs (e.g., engineering costs, inspection fees and the like) may be paid prior to City acceptance of such Authorized Improvements (or segment). Payments requested are as follows: a. X amount to Person or Account Y for Z goods or services. b. Etc. [If the Authorized Improvements are to be paid in part from one series of PID Bonds and in part from another, insert the following: As required by Section of the Indenture, the costs for the Authorized Improvements that constitutes the pro-rata share of such Authorized Improvements allocable to the designated Bonds shall be paid as follows: Authorized Amount to be paid Amount to be paid Total Cost from from of Authorized Improvements: Fund Fund Improvements Attached hereto are receipts, purchase orders, change orders, and similar instruments which support and validate the above requested payments. Also attached hereto are "bills paid" affidavits and supporting documentation in the standard form for City construction projects. Pursuant to the Reimbursement Agreement, after receiving this payment request, the City has inspected the Authorized Improvements(or completed segment) and confirmed that said work has been completed in accordance with approved plans and all applicable governmental laws, rules, and regulations. EXHIBIT A-PAGE 2 1156.011\801090.6 I hereby declare that the above representations and warranties are true and correct. ASHLAR INTERESTS,LLC a Texas limited liability company By: Title: EXHIBIT A-PAGE 3 1156.011\801090.6 APPROVAL OF REQUEST BY CITY The City is in receipt of the attached Certificate for Payment, acknowledges the Certificate for Payment, acknowledges that the Authorized Improvements (or its completed segment) covered by the certificate have been inspected by the City, and otherwise finds the Certificate for Payment to be in order. After reviewing the Certificate for Payment, the City approves the Certificate for Payment and shall [include said payments in the City Certificate submitted to the Trustee directing payments to be made from the appropriate account of the PID Project Fund] [direct payment from the PID Reimbursement Fund] to the Developer or to any person designated by the Developer. CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: EXHIBIT A-PAGE 4 1156.011\801090.6 Exhibit B FORM OF CLOSING DISBURSEMENT REQUEST The undersigned is an agent for (the "Developer") and requests payment to the Developer (or to the person designated by the Developer) from the Cost of Issuance Account of the Project Fund from (the "Trustee") in the amount of ($ ) to be transferred from the Cost of Issuance Account of the PID Project Fund upon the delivery of the PID Bonds for costs incurred in the establishment, administration, and operation of the Whitecap Public Improvement District No. 1 (the"District"),as follows.Unless otherwise defined, any capitalized terms used herein shall have the meanings ascribed to them in the Indenture of Trust by and between the City and the Trustee dated as of , 20 (the "Indenture") relating to the [INSERT NAME OF BONDS] (the "PID Bonds"). In connection with the above referenced payment, the Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of the Developer, is qualified to execute this Closing Disbursement Request on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. The payment requested for the below referenced establishment, administration, and operation of the District at the time of the delivery of the PID Bonds have not been the subject of any prior payment request submitted to the City. 3. The amount listed for the below costs is a true and accurate representation of the Actual Costs associated with the establishment, administration and operation of the District at the time of the delivery of the PID Bonds, and such costs are in compliance with the Service and Assessment Plan. 4. The Developer is in compliance with the terms and provisions of the Reimbursement Agreement, the Indenture, the Service and Assessment Plan, and the Development Agreement. 5. All conditions set forth in the Indenture and the Reimbursement Agreement for the payment hereby requested have been satisfied. 6. The Developer agrees to cooperate with the City in conducting its review of the requested payment and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review. Payments requested hereunder shall be made as directed below: [Information regarding Payee, amount, and deposit instructions attached] I hereby declare that the above representations and warranties are true and correct. EXHIBIT B-PAGE 1 1156.011\801090.6 ASHLAR INTERESTS,LLC a Texas limited liability company By: Title: EXHIBIT B-PAGE 2 1156.011\801090.6 APPROVAL OF REQUEST BY CITY The City is in receipt of the attached Closing Disbursement Request, acknowledges the Closing Disbursement Request,and finds the Closing Disbursement Request to be in order.After reviewing the Closing Disbursement Request,the City approves the Closing Disbursement Request and shall include said payments in the City Certificate submitted to the Trustee directing payments to be made from Costs of Issuance Account upon delivery of the PID Bonds. CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: EXHIBIT B-PAGE 3 1156.011\801090.6 w � r I ,I Whitecap Public A , w Improvement District #1 n Development Master Plan I _ MIN MASTER PLAN z � �i a4`2+' ♦ ��" >�Ay ? '�,fd .f _ ..,�„``� �p� w ,vQ'> ;, a '/ '�•. ...,:�,l�i°. I� ����+'�. .'+d �;i ,1+4' ,'� �'_i.\,",I�.�n �Yl`'oA�°"Y`.. �� :. 3�'�� '� a,�`,�l�s�l'�.o'►e� ��C���� `P� �4Q`.. w 7 Owners of taxable real property within the proposed PID boundaries submit application for creation of PID to the City City Council adopts a resolution accepting the PID application and authorizes publication of notice of public hearing -• City publishes Notice of Public Hearing in newspaper PIDCreation -• City Council conducts Public Hearing concerning creation of PID Assessments -• City Council adopts a resolution creating the PID and _ City Council files a copy of the creation resolution with the County Clerk. Note that Administration a PID is not a separate governmental entity;it is governed by the City Council _ City Council adopts a resolution approving the preliminary service and assessment plan City Council adopts an ordinance levying assessments and approving a Service and Assessment Plan("SAP") _ A third-party"PID Administrator"can assist with billing of assessments to property owners,collection of assessments,&administrative oversight of the PID Approve a resolution determining the costs of improvements and approving January a Preliminary Service and Assessment Plan(PSAP)for Improvement Area#i OM ry • City publishes Notice of Public Hearing in newspaperto call a public hearing ' ' for February 1-3,2024 1 � Hold a public hearing,approve the Service and Assessment plan(SAP),the • developer reimbursement agreement,and levy an assessment for Improvement Area#i AugUSt Approve issuance of PID bonds for reimbursement of costs perthe SAP for • Improvement Area#i City Staff Developer Underwriter (Ashlar Development) (FMS Bonds, Inc) Financial Advisor (Specialized Public Developer's Counsel Underwriter's WorkGroup Finance, Inc.) (Shupe Ventura, PLLC) Counsel Bond Counsel Property Owner (Norton Rose Fulbright (Diamond Beach US LLP) Holdings, LLC) PID Consultant and Administrator (P3 Works, LLC) V **All costs,including professional services,are paid by the Developer or assessment revenues. IV Irl provement Area N y Common to All Improvements Preserve-signage, lighting, hardscape, screening walls,trails, sidewalks, pathways, playgrounds,furnishings, irrigation systems and soft costs ImprovementArea #1 Improvements Improvement Streets-roadways, lighting, signage and soft costs Area Drainage-storm drainage improvements and soft costs Water-improvements to provide water service to all lots in improvement A ut h • ri ze area #i including soft costs Improvements Wastewater-improvements to provide wastewater service to all lots in improvement area #i including soft costs Bond Issuance Costs-debt service fund, capitalized interest, underwriters discount, and costs of issuance Other Costs-deposit to the administrative fund amount necessary to fund the first year's annual collection costs SAP contains a listing of all allowed improvements, costs of the improvements, and the maximum assessment for each lot type Authorized Improvements Cost Preserve $3.2 M Streets $17.1 Drainage $1.6M Service and Water $1.7M Wastewater $3.2M Assessment Soft Costs $3.4M � lan (SAP) Community Amenities, Parks, & Landscaping $10.7M Debt Service Reserve $1.8M Cost of Issuance, Underwriter's Discount,Admin Fund $2.4M Total $45-IM Funding PID Bonds-Improvement Area#1 $23.9M Future Improvement Area $2.4M Developer Contribution s18.8M Total $45-IM August 2024-Approve issuance of$23.91M in PID bonds for Improvement Area #i ■ Authority: Chapter 372 of the Texas Local Government Code ■ Purpose: Improvements which benefit a defined area are paid with special assessments. New development pays Additlonal for itself Informatl'on ■ Improvements: Improvements are paid from assessment revenues. Costs can be shared withTIRZ ■ Financing Options: ' Pay-as-you-go" or bond financed. PID OverviewUnder either financing option, funding comes exclusively from special assessments.. Special Assessment Bonds are non-recourse and are neither secured by nor payable from the City's general faith and credit Public Infrastructure and Improvements including: ■ Pedestrian sidewalks, streets, any other roadways, or their rights-of-way A I I • I ■ Parks Informatl'on ■ Water, Wastewater or Drainage Infrastructure ■ Easements for publicly owned utilities AuthorizedPID ■ Projects "similar"to this list Improvements _ ■ Expenses Incurred in Establishing, Administrating, and Operating the PID September 2021-Whitecap PID application was submitted on with the petition submitted February 2022 � / / March 2022-City Council was briefed on the concepts of PIDs,Texas Local Government Code Chapter 372 and comparisons of economic development f� tools and the Whitecap Preserve Project was introduced April 2022 Background on Ashlar Development introduced the Whitecap Public Improvement District #1 Whitecap Public Hearing set to accept the Petition ublicMay 2022-Approved the creation of the Whitecap Public Improvement Improvement District #1 Since May 2022 the City Team has worked with the WhitecapTeam to produce improvement plans with a list of anticipated improvements, a master development agreement, reimbursement agreement, finance plan, assessment plans and rolls, and service and assessment plan �u October 2022-TIRZ #2 approved funding for $11.5 million in reimbursement for public infrastructure including: �dditiona Two public pedestrian mobility bridges Information Commodores Drive mobility bridge Preserve community walking trail Aquarius Street box culvert water exchange and channel Background on , Encantada Avenue mobility bridge September 2023-TIRZ #2 approved funding for an additional $14.0 million Whitecap in reimbursements for public infrastructure including: Public Additional funding for Commodores Bridge Im Aquarius Street water quality circulation aqueduct _ _ • Kayak launches at public parks District Aquarius Street canal walk Public mobility bridge at Park Road 22 Effluent water line to ponds in the Preserve and pond interconnectivity �vs cr� �o o H AGENDA MEMORANDUM CORPOR I First Reading Ordinance for the City Council Meeting of January 9, 2024 1852 Second Reading Ordinance for the City Council Meeting of February 13, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2@cctexas.com (361) 826-1677 Ordinance to Amend Chapter 49 of the City Code of Ordinances by Adopting New Right-of-Way Regulations for Excavation and Placement of Utilities CAPTION: Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for properly restoring street surfaces that have been cut for utilities or other tie-ins and providing for penalty; providing for publication. SUMMARY: Sections 49-39-1 through 49-59 of the City Code provides regulations for the management of street cuts. These regulations were originally adopted in December 2013 and administered by the Development Services Department. The article provided requirements for permits, street cuts, restoration, work warranty and street cut recovery fees. A re-evaluation of current processes and the establishment of a Right-of-Way Division, within the Department of Public Works, mandated amendments to the article. BACKGROUND AND FINDINGS: In 2013, the City of Corpus Christi adopted an ordinance to govern and provide requirements for pavement cuts, excavation, and pavement repair for utility construction within in the public right-of-way. This update amends several of the existing provisions found under Chapter 49 of the City's Code of Ordinances (Sections 49-39-1 thru 49-58) to ensure that street closures are effectively managed, disruptions to traffic flow are minimized, and that proper repair to the street pavement are performed to current practices due to utility construction and maintenance. Street excavations may significantly degrade and shorten the life of the surface of the street. Excavations may also significantly increase the frequency of resurfacing, maintenance, and repair regardless of the quality of the restoration. As part of the ordinance update, the Department of Public Works compared practices, requirements, and rules governing excavation in public right-of-way in nine other top cities in Texas (i.e. Houston, San Antonio, Dallas, Austin, Fort Worth, EI Paso, Arlington, Plano, Lubbock). Through the comparison of these top cities in Texas the following was determined: • The Director was responsible for promulgating rules and regulations regarding for street cuts and excavations which included, but was not limited to drawings and specifications, methods by which excavations will be performed, traffic control procedures, application processing and hearing procedures, debarment procedures, construction management procedures, and inspection procedures. • Six of the nine other cities compared incorporated a "curb to curb" repair restoration for the width. As part of a FY23 Budget Initiative, a Right-of-Way Division was created within Traffic Engineering/Operations to specifically manage right-of-way construction permits. Updates to the ordinance were required to promulgate right-of-way management policies related to street cuts and other construction activities that impact city transportation systems. Revisions to the requested amendments to the article are listed below: • Maintains the Director as the official to promulgate rules. However, the "Director of Public Works" will be responsible for the administration of right-of-way permits, regulations, criteria and standards that manage cuts and excavations in city right-of- way (existing ordinance states Director of Development Services). • Consolidated right-of-way permitting activities into Chapter 49. • Revised the definition of a new street (Any street improved within 6 years and PCI >80). • Maintain variance requirement to excavate a new street. • Ordinance updated to standardize "curb to curb" restoration requirements to excavate a "new" street if a variance is granted. Current ordinance allows Director to specify restoration requirements for any variance. • Removal of pavement cost recovery fees in lieu of restoration requirements. • Applicant will be required to maintain repairs for the "life of the street" (PCI drops below 80 or repaved by the City or other entity). • Driveway, Sidewalk, and Curb and Gutter Permits will be issued by Public Works. The following exceptions and exemptions will apply: o If the request is a part of an approved Building Permit, the Driveway permit will be issued concurrently. o No additional fees will be assessed; however, the applicant is subject to non- compliance fees if operating without a permit. o Random inspections will be conducted. Violators are subject to a non- compliance fee. ALTERNATIVES: 1 . Approve the proposed ordinance as presented. 2. Deny or motion to amend to make certain changes to the proposed ordinance. FISCAL IMPACT: None. Funding Detail: None. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for penalty; providing for publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division I Generally is revised to amend the City department responsible for supervising work done within the public right of way. "Sec. 49-20. Permission to make improvements. It shall be unlawful for any person to pave or improve or in any manner to change or disturb the surface or grade of any street, avenue or alley in the city, or attempt to do so, unless done under the direction and supervision of the director of cnrrinoorinrr -a Rd phySiGal deVelnr,mon4 uj l works or unless done with the consent and permission of the city council, which consent or permission shall be in writing and signed by the mayor." SECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division II Sidewalks, Curbs and Gutters is revised to amend the City department responsible for supervising work done within the public right of way and remove the permit fee language that conflicts with language in Chapter 49, Article III Cuts and Excavations. "DIVISION 2. — DRIVEWAYS, SIDEWALKS, CURBS AND GUTTERS Sec. 49-30. Permit. All persons within the city desiring to build, construct or repair driveway approaches, sidewalks, and curbs and putters in the city shall first secure from the director of ,rd- phySi` al deVeIGPMen+ public works a permit to do such work, and the contractor doing such work or in charge of the same shall secure such permit from the director. All work shall be performed in accordance with the Unified Development Code (UDC) or Infrastructure Design Manual (IDM), as applicable. In the event of a conflict between the UDC and IDM, the IDM shall prevail. A permit shall not be issued for any tract or property where a final plat is required to obtain a building permit. This section shall not apply to public improvements required for new subdivisions where a final plat has not been recorded. Tho girerteF shall Gh,Yno fr,Y ,rd- ro,.oive fre.m. the r0e.p+r,,.+Y1Y re{-,ea.ve—at eaas;t the 6-i im A-f A-Ro dellaY ($4 nn) f9-r Oho 0 i;rano Gf the PLQrrn i4 Restrictions on driveway areas are designed to avoid the domination of front yards by large expanses of impervious surfaces which deaden the streetscape and discourage pedestrian activity. Reducing the width of driveways can reduce total site imperviousness. For residential uses abutting local, residential streets, the driveway aprons shall not comprise more than 50% percent of the lot frontage (per roadway). Residential uses abutting collector or arterial streets shall be limited to no more than three driveways if the lot frontage exceeds 200 feet. SECTION 3. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article III Cuts and Excavations is hereby repealed and replaced in its entirety to amend the requirements and procedures for working in the public right of way. "DIVISION 1. GENERAL PROVISIONS Sec. 49-39-1. Administration. The Director of Public Works is the principal city official responsible for the administration of the right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law. The director may delegate any or all of the duties hereunder. The Right of Way Manager, who shall be an Executive Manager overseeing the Right- of-Way Division in the Department of Public Works, shall have the same duties, responsibilities and authority as specified for the director stated herein except in granting variances and appeals. Nothing in this article authorizes the city to charge any fee in conflict with state law, franchise agreements authorized by the city council, article VII of chapter 49 of this Code, or Ordinance No. 026217, as amended. Sec. 49-39-2. Definitions. As used in this article, the following terms shall have the meanings ascribed in this article, unless the context of their usage clearly indicates another meaning. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular include the plural. The word "shall" is mandatory and not merely permissive. Abandoned facilities means facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities that are in use or that still carry service. Applicant means an owner or authorized agent of an owner, who submits or receives a permit under these provisions of the City Code. The term includes: (a) any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and any contractor or subcontractor of the applicant, for purposes of compliance with the City of Corpus Christi Infrastructure Design Manual and the traffic control, construction, and maintenance requirements of this article. Backfill means the placement of new dirt, fill or other material to refill an excavation; or the return of excavated dirt, fill or other material to an excavation. Certificated telecommunications provider or CTP means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public utility Commission or "PUC" to offer local exchange telephone service as defined by Local Government Code Ch. 283 or "the Act." Closure means a complete or partial closing of a sidewalk, parking space, or one or more lanes of traffic of a publicly maintained street for any period of time. Construction means any of the following activities performed by any person within a public right-of-way: (a) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent. Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way. (c) Performance, restoration, or repair of pavement cuts or excavations. Reconstruction of any of the work described in this article. (e) Network nodes and related infrastructure, as defined in Chapter 284 of the Texas Local Government Code. Other similar construction work. Construction standards means the City of Corpus Christi Infrastructure Design Manual (IDM), any manual, or standard specifications and details published by the City that contains engineering, technical, and other special criteria and standards established by the director for construction, as defined in this article, in the public right-of-way as they may be amended from time to time by the Department of Engineering Services and Department of Public Works and approved by the city engineer. Contractor means any public or private person or organization, other than the city. Day means business day unless otherwise specified. Department means the department of public works or a successor department that is responsible for management of the right-of-way and roadway infrastructure. Director means the director of the city department of public works or designated representative responsible for the administration of right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. Emergency operations means operations and repairs necessary to prevent damage or inlury to the health or safety of the public or any person due to an unforeseeable event or occurrence that endangers health, life, or property, or a situation in which public need for uninterrupted utility service requires immediate corrective action to restore or prevent the loss of services. Written notice to the director is required within 24 hours to ensure compliance with this article of the Code. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations. Excavation means an activity that removes or otherwise disturbs pavement, driveways, curbs, sidewalks, soil, fill, or other material, in the right-of-way, including but not limited to the methods of open trenching, boring, tunneling, lacking, or backfilling. Excavation does not include routine homeowner maintenance and landscaping activity immediately adjacent to the homeowner's property line unless the activity removes or disturbs the paved portion of the right- of-way. Facility means the plant, equipment, buildings, structures, and property, including but not limited to lines, poles, mains, pipes, conduits, ducts, cables, micro network nodes, network nodes, node support poles, vaults, wire, and other appurtenances of a public service provider located under, on, or above the surface of the ground within the right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services whether owned, operated, leased, licensed, controlled, or supplied for, by, or in connection with the business of the public service provider. IDM means the City of Corpus Christi Infrastructure Design Manual. Inspection means the inspection of construction by any person approved by the director to determine compliance with this article. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes equipment associated with wireless communications, a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration, and coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include an electric generator, a pole, or a macro tower. Network provider means a wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node. New street means any street in the right-of-way that has been constructed, reconstructed, or resurfaced during the preceding 7 years-or any street with a pavement condition index of 70 or higher as defined herein. Street excavations are prohibited on newly constructed, reconstructed or resurfaced streets unless approved by the Director. Variances, pavement repair, restoration and inspection requirements are pursuant to the regulations of this Article. Owner means a person, company, partnership, agency or other public or private entity, who is the owner or will, following the completion of the installation, become the owner of any facility that is installed or is proposed to be installed or maintained in the public way. Pavement condition index (PCI) means a measure of the condition of the right-of-way on a scale of 1-100. The PCI for a specific street segment can be requested through the department. Permit means a permit issued under this article authorizing construction in the right-of-way. Permittee means any person or right-of-way user to whom a permit is issued to o„�ta construct within a right-of-way. Person means any person, company, partnership, agency or other public or private entity, excepting city departments. Pole means a municipally owned service pole used to support traffic control functions, signage, lighting, operations or decoration; a municipally owned utility pole; node support pole; or a utility pole. Public service provider means any energy delivery or transport company, wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, storm water utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Chapter 284 of the Texas Local Government Code, as amended. Registration means the application process of a ROW user to use any portion of the right- of-way. Repair means the temporary or permanent construction work necessary to make the right- of-way useable. Repair area means that area around an excavation where the pavement and subgrade is impacted by an excavation. Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition, or better, than existed before the commencement of the work. Resurfacing means any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs. Right-of-way or public right-of-way or public way means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, trail, drainage way, channel, bridge, tunnel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the city. The public right-of-way includes the entire area between the boundary lines of every right-of-way. Right-of-way (ROW) user means a person, its successors and assigns, that uses the right- of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners, utilities, contractors and public service providers. Routine service operation means a work activity that makes no material change to the facilities and does not disrupt traffic. Spoils or Excavated Material means construction waste, construction supplies, or excavated dirt, fill or other similar material that is stored or placed upon the surface of a public right-of-way. Street means the pavement, and sub-grade of a city alley, residential4GGa4, collector or arterial roadway. Supplementary application means an application made to excavate, construct within or obstruct more of the right-of-way than allowed in, or to extend a permit that has already been issued. TMUTCD shall mean Texas Manual on Uniform Traffic Control Devices, latest edition. Traffic-control device means a traffic sign, signal, or marking that is placed and maintained in accordance with state law and this Code. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Transportation improvement means the portion of work within the finished paved surface of a public way undertaken by or pursuant to contract for the state or a political subdivision of the state for the purpose of improving or maintaining public way transportation and related storm drainage and street lighting infrastructure, but does not include any activity, such as connection to other facilities, that cuts, penetrates, or bores under a public way other than the one being improved or maintained pursuant to the contract or that cuts, penetrates or bores under the public way after installation of new paving. UDC shall mean Unified Development Code. Utility shall mean any privately or publicly owned entity which uses public rights-of-way to furnish to the public any general public service, including, without limitation, wastewater, gas, electricity, water, mobile services, telecommunications services, information services, cable services, video services, wireless services, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Poles are regulated herein only as specifically set forth in this Article. White lining means marking the excavation site with white washable markingpaint or flaps prior to requesting a utility locate in order to further identify the site. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Sec. 49-39-3. Field utility coordination. (a) The ROW user shall notify the department at each of the following times during a project: (1) 72 hours before the start of construction; (2) Upon completion of the initial backfill; and (3) Upon completion of the project. (b) The ROW user shall mark the site of the proposed excavation with white lining and/or flaps prior to making a request for locates and actual excavation. White lining is not required for excavations of more than 60 feet long unless the excavation is located in pavers, cobblestone, pavements, sidewalks, or other public flatwork. (c) The ROW user shall make a request for a utility locate not more than 14 days and not less than 72 hours prior to the commencement of the proposed excavation. Such request shall be made to the state One-Call Center and the City of Corpus Christi. A request made using the One-Call Center(811) shall be made by telephone or facsimile and shall include the date, location, extent and reason for such proposed excavation. A request to City shall be in accordance with procedures established by the Director. (d) The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adioining property. The use of "non-washable" markers is prohibited. (e) The ROW user shall mark the proposed excavation site with paint and/or flaps in colors established by the One-Call System. The markings shall be placed a distance of not less than 5 feet in all directions from the outside boundary of the site to be excavated. (f) All excavations shall commence within 14 days of the date of the utility locate. In the event that the excavator fails to commence work within 14 days or the utility locate marks are not visible at the time the excavation is scheduled to commence, the ROW user is required to request a new utility locate. (g) Compliance with the Texas Utilities Code is required at all times. (h) All barricades, plates, cones, traffic directional equipment, and all other traffic control devices owned by the ROW user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or ROW user, as applicable, at all times such equipment is used on or near the right-of-way. An exception to the marking requirement may be made in the event the traffic control equipment is not owned by the permittee or ROW user. Failure to mark equipment shall be a violation of this article. (i) It shall be unlawful to place a steel plate at an excavation without a permit. The director may authorize as a condition of a permit the use of a steel plate as a temporary surface for an excavation. Any such permit shall specify the length of time the steel plate is allowed to remain in the public way. It shall be unlawful for any permittee or former permittee to maintain or cause to be maintained a steel plate in the public way after the time specified in the permit for the excavation at which the steel plate is located. Failure to use a steel plate so marked shall be a violation of this article. (j) A network provider conducting routine maintenance on network nodes, including micro network nodes, or network support poles that do not require excavation or closing of sidewalks or vehicular lanes in the right-of-way as provided for in Local Government Code 284.157, shall provide the Department notice not more than 14 days and not less than 48 hours prior to commencement of the planned routine maintenance. Sec. 49-39-4. Maps and records of registrants. Each ROW user must maintain accurate maps and records of its facilities. The information shall be made available to the Department within 5 days of request by the Department. The maps and records shall depict horizontal and vertical locations of all facilities in and near the right-of- way. The information shall be provided in electronic format compatible with city software or shall be subject to a conversion fee. Maps and records shall indicate horizontal location and a description of the facility for the area involved in the permit application and 2 block radius. The Department may have facilities located if the ROW user does not provide the requested information. In such event the ROW user shall reimburse the cost to the city to locate the facilities. Sec. 49-39-5. Notice. Notice for purposes of this article shall be made to city via electronic message (e-mail), overnight courier (generally used carrier with tracing available), or hand delivery with signed receipt, facsimile to the Department, or United States mail return receipt required. Sec. 49-39-6. Registration. All right-of-way users must register with the Public Works Department yearly. Registration, evidence of insurance, and performance/assurance bond and sureties, if applicable, shall be successfully performed on a one-time basis, and must be approved and on file with the city prior to commencement of any work. A certification shall be provided to each applicant that successfully completes the registration process. Annual registration updates shall be performed on the anniversary of the initial registration certification. No ROW user shall be authorized to utilize the right-of-way in any capacity or manner without registering and obtaining the necessary right-of- way permit from the director in accordance with the following requirements: (a) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities, person, or contractor working in the Public right-of-way. (b) The names, telephone numbers, mailing address, e-mail address, of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person. (c) If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission shall be provided. (d) The ordinance number of any franchise or license issued by the city that authorizes the public service provider or person to use the public right-of-way. (e) The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the Right-of-Way User. At least one of the users must be within the city and shall be available at all times to act on behalf of the ROW user in the event of an emergency. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge. (f) Proof of existing insurance that complies with the requirements in this Article. (g) Employee safety certification information. Sec. 49-39-7. Employee safety certification. The ROW user operating facilities or constructing facilities in any public right-of-way is responsible for the safe movement of pedestrian and vehicular traffic through the construction area. The ROW user shall obtain certification through a city approved training organization for a sufficient number of employees working within the right-of-way such that a certified employee is present at the mob site during construction activities. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. Alternative training programs may be submitted to the Director for city certification. Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, as evidenced by certification, shall place and maintain the traffic control devices in the construction area. Employee certificates shall be maintained current by ROW user at all times. An employee shall produce, upon request of an inspector or certified police officer, proof of a valid training certificate. Sec. 49-39-8. Reporting obligations. All ROW users shall provide on demand, proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any governmental entity, including, but not limited to, the city, State or Federal Government, including a description of the ROW user's intended use of the right-of-way, information sufficient to determine whether the ROW user is submect to franchising or licensing by the city, and information to determine whether the ROW user has applied for and received any certificate of authority required by the PUC. The information provided shall be sufficient to determine that the ROW user has applied for and received any permit or other approvals required by the FCC. ROW users shall provide all such other information as may be reasonably required by the city to complete the registration statement. Sec. 49-39-9. Damage to and in Public Right-of-Way. (a) A person commits an offense for the following: (1) Construction, excavation, cut, opening, or any activity in, or along any public street, alley, sidewalk, driveway, public easement or any portion of the right-of-way without a valid permit, license, or agreement. (2) Failure to comply with restrictions or requirements of a permit, license, or agreement issued by the City of Corpus Christi. (3) Damaging a public street, alley, sidewalk, driveway, or any portion of the right-of- way beyond what is incidental or necessary to the permitted activity. (4) Damaging the public or private facilities in, on, or along any public street, alley, sidewalk, driveway, or any portion of the right-of-way. (b) It is a defense to prosecution under subsection (a)(4) if the person complied with all of the requirements with a permit, license or agreement, City and State law and caused damage because the facilities in question: (1) Were not shown or indicated in a construction plan, plan of record, record construction drawings, or field survey, or utility locate; and (2) Could not otherwise be discovered in public street, alley, sidewalk, driveway, or any portion of the right-of-way. (c) A person who violates the provision of this article is subject to a Non-Compliance Fee for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. (d) The Director has the authority to enforce violations under this section. Sec. 49-40-1. Permit required. It is unlawful for any person, its agents, servants or employees to excavate or cut in or under any street, alley, sidewalk, or driveway within the right-of-way for any purpose without first having made application and obtained a permit as required in this article. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the Director a permit in compliance with this article. (a) Before issuing a permit, the Director shall have been provided a written application, on a form furnished by the Director, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications. (b) At the time the permit is issued, the applicant shall pay a nonrefundable application fee in an amount as provided for in this article. (c) The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article. (d) No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any right-of-way to relocate the facilities at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way. (e) Combinations of permits shall be permitted at the discretion of the director. Fees shall be assessed based on the excavations permitted. (f) Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this article. Sec. 49-40-2. Excavation permit application. Application for a permit shall be addressed to the Director and made on a form furnished for that purpose, stating the name, mailing address, email, and 24 hour emergency telephone number of the applicant and owner of the facility: extent, dimensions, character and purpose of the cut or excavation to be made; the location, by street and number, if possible, where the work is to be done; evidence of insurance as required in this Article; and the time in which it is to be completed. The application form shall be accompanied by the nonrefundable application fee, maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction; proposed start and completion dates. (a) Joint applications. Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The city will recognize only 1 point of contact. (b) Supplementary applications. A permit shall only be valid for the area of the right-of-way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area greater than that which is specified in the permit must be excavated must: (1) Make application for a permit extension and pay any additional fees required thereby; and (2) Receive a new right-of-way permit or permit extension. Permits will be issued or denied within 30 working days of application. Unless granted for a longer period, an excavation permit shall be valid for 60 days and for the dates specified in the permit. The applicant may request the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The city may approve or deny the application for such extended permit period. No permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the city prior to the permit end date. An expedited permit may be requested and shall be issued within 10 working days of application upon a showing of good cause. Sec. 49-40-3. Issuance of permit. Every person making application for a permit in accordance with the provisions of this article and having complied with such provisions shall be entitled thereto, and, upon filing such application with the director, it shall be his duty to issue the permit, when the provisions of this article shall have been complied with. (a) Upon receiving a written application for an excavation permit and a plan prepared in accordance with city specifications, the director's designee shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. Excepting only emergency excavations, at least 1 working day prior to the start of work, the applicant shall telephone the city street maintenance division and request a permit number, informing the city the date the work will commence. A permit number shall then be assigned to the mob and a permit shall be sent to the applicant. (b) No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed. (c) Each permit shall state a time period for completion of all the work to be done thereunder. The director may grant extensions of time. (d) No person in violation of any requirement of this article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity. (e) No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire,the ROW user shall procure a new permit, paying the applicable fee therefor as before, before proceeding with any such work. Sec. 49-40-4. Excavation to be under supervision of the director. (a) Any ROW user engaged in making or backfilling any excavation in any right-of-way shall at all times while such work is in progress keep at the mob location the permit, or a copy thereof, and shall, on demand, exhibit the permit to the director or designee, or any police officer. (b) At all times while the work is in progress the ROW user shall also maintain at the iob location, traffic control devices installed in accordance with an approved traffic control plan, signs bearing the contractor's name, the name of the utility that is having facilities installed, maintained, repaired, replaced, and/or removed under, on, or above the ROW, contact information for both the contractor and utility, and a brief description of the permitted work. Employees and contractors of the ROW user engaged in carrying out the permitted work shall also have on their person a conspicuous identifier of the utility for whom permitted work is being performed. (c) The ROW user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, or other property at, near or encountered during the course of work. The ROW user shall determine the boundary of the right-of-way. (d) All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of rights-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the city under the policy and regulatory powers of the city necessary to provide for public convenience. The ROW user shall reasonably protect from damage, utility facilities, sewer facilities, water facilities, lawns, shrubbery, trees, fences, structures, or other property encountered in his work. The ROW user shall not trespass upon private property. The ROW users shall determine the boundary between Public right-of-way and private property. (e) All transmission and distribution structures, lines, equipment and facilities erected by a ROW user within the city shall be so located as to cause minimum interference with the proper use of the public rights-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who moin any of the said streets. (f) The city reserves the right to lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes and channels and streets and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the city, in, across, along, over or under any right-of-way or public place occupied by a ROW user and to change any curb or sidewalk or the grade of any street and to maintain all of the city's facilities. In allowing such work to be performed by others, the city shall not be liable to a ROW user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a ROW user by such third party. (g) If the city requires a ROW user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the city, to use, or to use with greater convenience, any right-of-way or public place, the ROW user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a ROW user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a ROW user's facilities; provided, however, that the city shall never be liable for such reimbursement. Sec. 49-40-5. Additional excavation permit. Subsequent to issuance of a permit, if it is necessary to excavate a larger area than originally estimated, the permittee shall at once pay to city the amount necessary to obtain the additional permit necessary. Sec. 49-40-6. Appeal. A right-of-way user that has been denied registration, has been denied a permit, has had a permit revoked, or believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows: (1) Appellant shall provide, within 5 days of denial, a written notice of appeal filed with the right-of-way manager of the Department. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision within 5 days of receipt of the appeal. Failure to render a decision within 5 business days shall constitute a denial. (2) If a further denial is given, the appellant may thereafter file a written notice of appeal with the director within 5 days. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The director shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. (3) If a further denial is given, the appellant may thereafter file a written notice of appeal with the Assistant City Manager for the department within 5 business days of receipt of the director's written decision. The Assistant City Manager shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. Sec. 49-40-7. Denial of permit. A permit may be denied or suspended for any of the following reasons: (1) Failure to provide proof of a liability insurance acceptable to the city. (2) Failure to secure a contractor's license or other required license. (3) Failure to perform in accordance with the requirements of the IDM or in accordance with these provisions. (4) The excavation would be in a new street and not otherwise permitted by this article. (5) The proposed warning or other traffic control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the director. (6) The proposed activity would violate a city ordinance or State or Federal statute. (7) The permit application contains false or misleading information. (8) The activity would cause a public health or safety hazard. (9) The ROW user is not authorized within the city. (10) The ROW user is in violation of this article relative to work in progress. DIVISION 2. TECHNICAL SPECIFICATIONS Sec. 49-41. Energy, electric, gas, water, and sewer standards. Technical standards for energy, electric, gas, water, sewer and storm sewer are defined in the IDM. Sec. 49-42. Compliance with safety regulations. The permittee and ROW user shall comply with all applicable federal, state and local safety regulations and requirements, including, by example and not limitation, the occupational safety and health standards for the construction industry. Sec. 49-43. Commencement and completion. After obtaining the permit and prior to commencing the work, the permittee shall notify the director, and shall commence and complete all work within the time specified in the permit unless an extension of time is granted by the director. Sec. 49-44. Safe conduct of work. Every permittee and ROW user shall prosecute its work diligently and in a good, safe, and workmanlike manner, and shall safeguard and protect the public using the street or right-of-way where the work is being performed from accidents or damage by placing barriers, lights and other sufficient safeguards around all cuts, openings, and excavations. All material, implements and tools stored upon the premises and used in connection with the excavation shall be stored in a safe and non-hazardous manner. All work must be performed only within the hours and days as set forth in the IDM and in accordance with the requirements of the permit. Work in residential areas may only occur during daylight hours. Certain commercial areas and hospital districts are subject to noise controls and other limitations. Details are available in the IDM and from the Department. Sec. 49-45. Emergency excavations. Nothing in this article shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, or right-of-way by virtue of any law, ordinance or permit, from making such excavation as may be necessary for compliance with law or for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within 24 hours. Except as specifically provided otherwise in this article, excavations authorized by this section shall be subject to all fees and requirements of this article. Sec. 49-46-1. Traffic control safety. In the event of non-compliance with the TMUTCD, the ROW user shall be notified in writing of the violation. In the event of continued non-compliance, the director may revoke the permit, in addition to any other remedies available to the city. Sec. 49-46-2. Responsibility for signs, barricades and warning devices. The ROW user working in any right-of-way is responsible for the safe movement of traffic, both pedestrian and vehicular, through the construction area. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. (1) Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, may place and maintain the traffic control devices in a construction area. (2) The ROW user must either subcontract the barricading to a firm specializing in traffic control or submit the qualifications and name(s) of employees to the director for approval prior to the work commencing. They must also submit a traffic control plan for review. All signs and barricades must conform to the requirements of the TMUTCD. (3) All barricades, plates, and other traffic control equipment must conform to TMUTCD specifications and must be inspected and approved by the director if not provided by a traffic control firm. (4) All barricades, plates, and other traffic control equipment must display accurate and sufficient information including the name of the ROW user. (5) Non-compliance with the TMUTCD shall be cited in writing. In the event of non- compliance after citation, the director may place the necessary devices as required, and the ROW user shall pay all related charges. The ROW user shall reimburse the city for all such expenses as well as a non-compliance fee. Failure to comply with this provision may result in denial of application for future permits. (6) All traffic control devices must be removed immediately upon completion of work. Prior to commencement of any excavation, or any work relative to a permit, the ROW user shall install at the work site an informational sign in conformance with the requirements of the IDM. Sec. 49-46-3. Duty to barricade. At all times during construction activity, the contractor and/or ROW user, as applicable, shall place and maintain all necessary and proper barriers and other safeguards, including watchmen certified in accordance with the safety training described in this article, if necessary, upon and around the work for the prevention of accidents, and after daylight hours, shall place, maintain and keep suitable sufficient lights, in accordance with the TMUTCD. Sec. 49-46-4. Duties of persons making excavations or creating obstructions. Any person who shall cause to be made any excavation or obstruction in any street or right- of-way may not suffer the same to remain there beyond a time reasonably sufficient for the completion of the work and/or removal of the obstruction, and shall repair the subject portion of such street, or right-of-way so as to restore the same to its condition previous to the making of such cut or obstruction. It shall be the duty of such excavators to protect the area while such condition exists and promptly to repair the same so as to leave the street or right-of-way in as good condition as before the excavation. Sec. 49-47-1. Excavation in new or streets in good condition. The permittee shall complete pavement restoration of the excavated area within 30 days on arterial and collector streets and within 30 days on residential and alley streets after final backfill is completed and accepted by the director. The permittee shall conduct the work with a minimum disturbance to existing utilities and shall coordinate all work in or near the existing utilities with the utility owners. (a) Excavation in new asphalt pavement streets and alleys. There shall be no excavation in new streets, as defined in this article, without a variance from the director. Any request for a permit to excavate a new street shall include a description of the proposed work and proposed restoration of the area, per requirements by the Director or defined in the IDM, as well as a statement as to why alternate procedures cannot or should not be used in lieu of excavating a new street. (1) The width of restoration limits for excavations granted in new streets shall extend from curb to curb on any street. (2) Arterial and collector streets (0-2 Years). For excavations granted in new streets that are 2 years or less in age, the length of restoration shall extend from block to block. A minimum asphalt overlay of 2 inches shall be required. The age is measured from the date of acceptance by the city. (3) Arterial and collector streets (2-7 Years). For excavations granted in new streets between 2 and 7 years in age, the length of restoration shall extend a minimum of 25 feet beyond the outermost edge of excavation. A minimum asphalt overlay of 2 inches shall be required. Trench requirements shall comply with the IDM, City standards, and specifications. (4) Residential streets and alleys (0-7 Years). For excavations granted in new streets or alleys that are 7 years or less in age, the length of restoration shall extend a minimum of 10 feet beyond the outermost edge of excavation. The age is measured from the date of acceptance by the city. A minimum asphalt overlay of 3 inches shall be required. Trench requirements shall comply with the IDM, City standards, and specifications. (5) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (b) Permitted Excavation in streets and alleys. (1) A permit shall be granted in accordance with this article for streets and alleys with a pavement condition index less than 70 or greater than 7 years in age. The age is measured from the date of acceptance by the city. (2) Streets and alleys (> 7 years or PCI <70). The width of restoration limits shall be the full lane, at minimum. The length of restoration shall extend a minimum of 10 feet beyond the outermost edge of excavation. A minimum asphalt overlay of 3 inches shall be required. Trench requirements shall comply with the IDM, City standards, and specifications. (3) A permit holder shall perform jacking and boring operations in a manner that does not weaken or impair the right-of-way upon completion of restoration of the excavation. (4) Excavation in all streets in good condition regardless of age should not occur without prior approval of the director. Streets assigned a PCI of 70 or above by the pavement management system are deemed to be in good condition and are subject to the review procedures of excavation of new streets. (5) Restoration of the excavated area of streets in good condition shall be in accordance with this article. (6) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (c) Excavation in Portland Cement Concrete (PCC) pavement surface. If the existing pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than 6 inches of PCC shall be broken back beneath the saw cut. Any street excavation/cut shall repair the impacted trench and replace full panels, at minimum. Further criteria is set forth in the IDM. The guidelines for lacking and boring are set forth in the IDM. Sec. 49-47-2. Variances/exemptions. A permittee or ROW user may request a variance from any of the requirements of this article by filing a written request with the director stating the requirement and the basis for the variance. Incomplete variance requests may be refected. The applicant shall bear its own expenses of the application process. (1) Any request for a variance from any right-of-way restoration requirement shall be made in writing in advance of any contemplated work and shall be accompanied by digitally formatted detailed plans of the substituted reconstruction and/or repair of the excavated area, if applicable. (2) Any request for an exemption from any penalty or fee other than as provided in this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted. (3) Any request for an exemption from any permit or any other requirement of this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted (4) The Department shall grant or deny an application for a variance within 10 days of receipt of the application for variance. (5) Denial of the variance may be appealed in accordance with the appeal section of this article. Sec. 49-47-3. Exception for driveways, irrigation, sprinkler and residential purposes. This article shall not be applicable to excavations which are not in pavement and are solely for the purpose of creating a sprinkler system for 1 or more residential units, new or replacement driveway approaches, or curb repair on local, residential streets abutting a single-family residential zoning. Driveway approaches and curb repair on collector or arterial streets are not exempted from requirements of this article if excavation of the street is required for installation or repair. Denied permits may be appealed as set forth in this article. Sec. 49-48-1. Lawful use of right-of-way. (a) The use of the right-of-way in any manner which violates federal, state, or local laws, or city codes and regulations, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, is prohibited. All permittees shall provide satisfactory evidence of compliance with the foregoing upon request of the city. (b) Permittee shall dispose of all material removed from the right-of-way and any waste created by permittee in compliance with all state, federal and local laws and requirements. (c) If a permittee discovers any contaminated, regulated, or hazardous materials in the right- of-way, permittee shall be responsible for environmental assessment, excavation, testing, transportation, and disposal of any such contaminated or regulated material in accordance with applicable law, or the permittee may elect to abandon the contaminated area of the right-of-way and reroute around the contaminated area. The permittee shall promptly notify the city in writing of the condition. Sec. 49-48-2. Tree trimming and graffiti abatement. Permission is granted to a ROW user, subject to the requirements of Chapter 53 Vision and Passage Obstructions, which may be amended from time to time, to trim trees upon and overhanging the public right-of-way, so as to prevent the branches of such trees from coming in contact with a ROW user's facilities. When so directed by the city, the tree trimming shall be done under the supervision and direction of the city. The city shall report damage or vandalism to the ROW user's facilities as soon as practicable after city discovers or learns of such event. The ROW user shall make the necessary repairs or restoration, including cleaning of graffiti, within 48 hours after the ROW user discovers or learns of any misuse, destruction, damage, or vandalism to its facilities. Sec. 49-48-3. Conformance with City Master Plans. A ROW user shall consult the city's master plans for transportation and utilities prior to the acquisition of any interest in real property in the city for the installation or relocation of service lines or other equipment or facilities along or adjacent to any street, right-of-way, thoroughfare, highway, or any proposed street, right-of-way, highway or thoroughfare to attempt to minimize any future conflict regarding the location of such facilities. All ROW users are charged at all times with constructive notice of the master plans subsequent to the effective date of the ordinance from which this article derives. The city shall have no liability for the value of or loss by a ROW user of any improvements constructed in the area shown in the master plan subsequent to the effective date of the ordinance from which this article derives. Sec. 49-48-4. Rights in the event of abandonment. In the event the city closes, vacates, abandons or conveys any right-of-way containing facilities of the ROW user, any such closure, vacation, abandonment or conveyance of land shall be subject to the rights of the ROW user. Sec. 49-48-5. Supervision by city of location of poles and conduits. All poles in the rights-of-way shall be of sound material and straight, and shall not interfere with the flow of water in any gutter or drain, and shall be placed so as not to unduly interfere with either vehicular nor pedestrian travel. The location and route of all conduits, fiber, cables, and utilities, and facilities placed and constructed by a ROW user in the construction and maintenance of its system in the city shall be subject to the reasonable and proper control, direction and approval of the city. Any "non-standard" placement of poles, stubs, guys and anchors is subject to all provisions of this article. Any "standard" placement of poles, stubs, guys, and anchors is exempt from this article. "Standard" is defined by the provisions of the IDM. Sec. 49-48-6. Attachments to poles. (a) Nothing shall obligate or restrict a ROW user from exercising its rights to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies authorized to operate within the city. (b) A ROW user shall utilize existing poles, conduits, and other facilities whenever reasonably and/or economically possible. Prior to the utilization of any right-of-way for the placement of any of its facilities, the ROW user shall make available to the director any utility pole usage agreement with each utility within the city currently owning poles, conduits, and other facilities, whose poles, conduits and facilities are to be used. (c) Where anticipated construction activities will involve service pole re-enforcement or replacement, network providers shall notify the city right-of-way manager before submitting application materials. Replacement pole must comply with Texas Department of Transportation specifications and standards, Texas Manual on Uniform Traffic Control Devices requirements, and applicable federal or state standards. Prior to construction, network provider shall agree that all re-enforced or replaced service poles will be owned by the city. Where a traffic signal pole is reinforced or replaced, the traffic signal must remain operational throughout construction, and if necessary, network provider must provide a temporary signal trailer or other temporary pole during construction. Sec. 49-48-7. Temporary rearrangement of aerial wires. The ROW user shall rearrange its transmission media temporarily as necessary to permit the moving of houses or other bulky structures. The requesting parties shall pay the reasonable and necessary expense of such temporary rearrangements. The ROW user may require payment in advance. The ROW user shall be given not less than 5 days advance notice to arrange for such temporary rearrangements. The ROW user shall remove its transmission media in connection with the demolition of unsafe structures, including emergency or ordered demolitions at no cost to the city. The ROW user may invoice third parties for the cost of this work where applicable. Sec. 49-49-1. Backfill of excavated area. (a) Open trenches may be temporarily backfilled for the convenience of the permittee or the Public safety. At least 48 hours prior to beginning permanent backfill operations, the permittee shall notify the director of the time the backfill will begin. (b) All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times, where excess water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded. The new roadway base material shall be a minimum depth of 6 inches asphalt treated base or other approved roadway base material, as detailed in the IDM. Sec. 49-49-2. Restoration of pavement. Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley right-of-way or other public place shall be performed by the permittee or by the city, upon request by the permittee. Nothing in this section shall relieve the ROW user from the responsibility to maintain the excavation or installation in a safe condition until it is repaved by city or otherwise restored. In addition to all other applicable fees or charges, if the ROW user or permittee making the excavation requests repaving by the city, the ROW user shall pay for repaving at a rate to be established by the city. (1) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than 400 feet in advance of the pipe, conduit or ducts being placed in the trench, other than with the prior written consent of the director. (2) All excavations shall comply with the standards and requirements established from time to time by the director for compaction, backfill and pavement restoration. (3) Any excavated pavement, debris and other rubble shall be removed, together with any surplus material, within 1 working day from the time such material is placed upon the street. After backfilling is completed, and prior to repaving the cut, the ROW user shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director. (4) Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away, trench backfilled and pavement restored in accordance with the IDM. In no case shall any side or lateral tamping fill any void under a pavement. Sec. 49-49-3. Excavation specifications. All excavations shall be made in accordance with plans submitted with the permit application and in accordance with specifications set forth in the IDM. All plans shall be prepared in accordance with all city specifications and the IDM. All excavations shall be repaired in such a way so as not to become depressed, cracked, broken, or in any way fail during the remaining "life of the street." The remaining "life of the street" for this purpose shall be until the PCI index drops to below 70 or until the subject area is repaved by the city or other entity. Additional specifications may be contained in the IDM. Sec. 49-50. Cleanup of right-of-way. In every case and at all times, the work of removing from the right-of-way all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the ROW user. Streets shall be cleaned by use of a regenerative air or vacuum street sweeper. The ROW user shall clean the surrounding area, as outlined above, within 1 day upon completion and approval of all trench work and pavement restoration unless the director, in the director's sole discretion, grants an extension of time. Sec. 49-51-1. Substandard repair of pavement or right-of-way. In case the pavement or the surface of the street, alley, or right-of-way in, over or near any excavation should become depressed, cracked, or broken any time or fails in any way at any time after the excavation has been made and during the remaining life of the street, the ROW user shall comply with any applicable obligations of this article, including, without limitation, reimbursement to city of the cost to restore the street or right-of-way. Sec. 49-51-2. Failure to complete work within specified time. In the event any work governed by this article is not completed by the ROW user within the time required or in accordance within the specifications required herein or by the director, the director may cause such work to be performed as is necessary to secure the work area to a safe and passable condition. The ROW user shall reimburse the city for the costs of securing the site. Sec. 49-52. Permanent pavement repairs. All permanent pavement repairs shall be made under 1 of the following methods: (1) Permanent pavement repairs by city. If the city is to make the permanent pavement repairs, the ROW user shall maintain the excavated area for a period of 2 weeks after acceptance by the director. After the two-week period, the city will be responsible for maintaining the excavated area until final restoration is made. Backfill failures shall remain the responsibility of the ROW user. The ROW user shall reimburse the city for all costs of any backfill failure before and/or after permanent pavement repair. (2) Permanent pavement repairs by ROW user. If the ROW user is authorized to make permanent pavement repairs, the ROW user will maintain the excavated area until permanent pavement restoration of the excavated area is complete. The ROW user shall make final repairs within 30 days on arterial and collector streets and within 30 days on residential, local and alley streets after the director makes final inspection. Backfill failures shall remain the responsibility of the ROW user. Sec. 49-53-1. Inspection. The permittee shall make the work-site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work. Sec. 49-53-2. Materials testing. The Department may require testing of materials used in construction in or near the right-of- way to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, aggregate base course, Portland concrete (rigid pavement), asphaltic concrete (flexible pavement) and other construction materials as deemed necessary by the Department. Sec. 49-54-1. Cease work. At any time, the director may order the immediate cessation of any work which poses a threat to the health, safety or well being of the public. The director may revoke the permit of any permittee in any instance where there is a threat to the health, safety or well being of the public. Sec. 49-54-2. Requirements. The director may issue a written notice to the permittee indicating work that does not conform to the terms of the permit, applicable standards, conditions, or codes, or other applicable regulation. Within 10 days after issuance of written notice, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit. If the repairs are not timely made, the director shall at once make or cause the repairs to be made at the expense of the permittee. Sec. 49-54-3. Reporting. When the work under any permit hereunder is completed, the permittee shall furnish the director a completion certificate. Sec. 49-54-4. Revocation of permit. The city reserves its right, as provided herein, to revoke any permits, without refund of the permit fee, in the event of a breach by the permittee of the terms and/or conditions of the permit or of this article or any city ordinance. A breach of the terms of the permit shall include, but not be limited to the following: (1) The violation of any provision of the permit; (2) An evasion or attempt to evade any provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of any fact in the permit application; (4) The failure to meet insurance, surety bond, or indemnification requirements; (5) The failure to complete the work in a timely manner; (6) The failure to correct a condition indicated on an order issued pursuant to this article; (7) Repeated traffic control violations; (8) Failure to repair facilities damaged in the right-of-way; or (9) Violation of any part of this article. If the director determines that the permittee has committed a breach of any law or condition of the right-of-way permit, the director shall make a written demand upon the permittee to remedy such violation. Continued violation may be cause for revocation of the permit, or legal action, or both.The director may revoke the permit, provide specifications to cure the breach, or both.Within 5 calendar days of receiving notification of the breach, permittee shall contact the director with a plan, acceptable to the director, for correction of the breach. Permittee's failure to do so or permittee's failure to timely implement the approved plan shall be cause for revocation of the permit. Sec. 49-54-5. Work done without a permit. No cut, excavation, grading or disturbing of the right-of-way in any way shall be made other than excavations necessary for emergency work without first securing a permit. No person or ROW user shall at any time open or encumber more of the right-of-way than shall be reasonably necessary to complete a project in the most expeditious manner. Sec. 49-54-6. Right-of-way restoration requirements. The work to be done pursuant to the permit and any repair and subsequent restoration of the right-of-way must be completed within the dates specified in the permit. In the event of circumstances beyond the control of the permittee or when work is prohibited by unseasonable or unreasonable conditions, the director may extend the dates on receipt of a substantiated supplementary application, including the nonrefundable application fee established pursuant to this article and indicating the number of additional days needed for final completion, for a permit extension. All earth, materials, sidewalks, paving, crossing, or improvements of any kind which are owned or possessed by city and damaged, disturbed, or removed by a ROW user shall be fully repaired promptly by the ROW user at its sole expense, to the reasonable satisfaction of the director. (1) After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was prior to the excavation. The restoration shall be made in accordance with specifications set forth in the IDM and the repair shall endure without failure for the remaining life of the street, as such period is described in this article. (2) In the event the ROW user fails to restore the right-of-way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the city may, at its option, serve written notice upon the ROW user that, unless within 5 days after serving of such notice a satisfactory arrangement can be made for the proper restoration of the right-of-way by the ROW user, the city may take over the work and prosecute same to completion, by contract or otherwise, at the expense of the ROW user, and the ROW user and its surety shall be liable to the city for any and all cost incurred by the city by reason of such prosecution and completion, including, without limitation, the applicable public inconvenience penalty. Nothing contained herein shall limit any other remedies available to the city. (3) If any excavation cannot be back-filled immediately, the ROW user shall securely and adequately cover the excavation and maintain proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel. (4) In all right-of-way restoration, the ROW user guarantees its work and shall maintain it for the remaining life of the street following completion of the restoration. During the period following completion, the ROW user shall, in the event of any failure of the restoration, upon notification from the director, reimburse the city for pavement restoration costs. Additionally, the ROW user, in the event of such failure, shall, within 48 hours of notice from the city, repair the subject trench envelope. (5) All repairs, for streets or right-of-way of any PCI, are guaranteed by the excavator making the repair, and the excavator causing the repair to be made, for the "life of the street."The "life of the street" for these purposes is defined to be until such time as that certain street or right-of-way is repaved by the city or another, in the same location as the excavation, or until such time as the PCI index of such street or right-of-way drops to below 70. (6) The "life of the street" guarantee period shall be applicable to failure of the pavement surface as well as failure of the trench envelope. Notwithstanding remediation of the pavement structure by city, the ROW user retains repair responsibility at all times during the guaranty period for the trench envelope. (7) Excavations in streets and/or right-of-way on arterials and collectors with PCI values of 70 or higher and less than 2 years of age shall be deemed 100 percent loss of pavement life. These excavations require i) Block to block and curb to curb pavement reconstruction, ii) Use of a hot mix asphalt repaving process, or iii) Such other method of repair as the director approves, for all cuts. Specifications are available in the IDM. (8) A right-of-way user whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director, pay to the city, on its order, the amount of the certified bill as reimbursement for such work. Sec. 49-54-7. Excavations not in accordance with permit declared unlawful. (1) It shall be unlawful for any person to make, cause or allow to be made, any excavation, or to install, cause or allow to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any street, alley, sidewalk, right-of-way or other public place, at any location, other than that described in the application for the permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account. (2) Failure to comply with requirements set forth in the article or on any permit shall be cause for revocation of the subject permit and of any other permits held by the same permittee until the violations have been corrected or the director has approved alternative requirements. Sec. 49-54-8. Removal and reconstruction where work defective. All construction work in the streets, right-of-way, sidewalks and public places of the city is declared to be subject to the exclusive control of the city, and whenever, in the opinion of the director, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or materials or because not true to the lines or grades or specifications therefor given to him by the director, then upon written demand or notice from the director, such ROW user or contractor shall promptly remedy, complete or remove and reconstruct such incomplete or defective work all as the director may require, and these provisions shall also apply to all repair and maintenance work. If the contractor or ROW user shall fail or refuse to do so within a reasonable time to be specified by the director, then, if the director shall so order, such work shall be completed or corrected or removed and wholly or partially reconstructed by the city, in such manner as in the opinion of the director may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the direction of the director. Sec. 49-55-1. Location and relocation of facilities. Subject to applicable federal, state, and local law, the ROW user shall, upon the request of the city, locate and/or relocate its facilities situated within any right-of-way, at no expense to the city, where reasonable and necessary to accommodate street construction, widening, or public improvement projects of the city. When relocation is necessitated by federal government requirements, and includes reimbursements, the city will reimburse applicant for its proportionate share from funds provided the city in such reimbursements. Sec. 49-55-2. Pre-excavation facilities location. The ROW user shall contact the One Call Center(811), so long as that center is in existence and utilized by the city, or such other center at the time utilized by city, at least 48 hours prior to excavation. The ROW user shall protect and support all utility facilities during construction. The ROW user shall also contact the City of Corpus Christi per regulations provided in the IDM. Sec. 49-55-3. Relocation of facilities for city. In the event the city finds it necessary to move a ROW user's equipment to protect it, city shall notify the local representative of the ROW user. ROW user shall promptly move or facilitate the relocation of the subject facilities at ROW user's expense. Relocation must comply with Chapter 49, Article VIII. - Management of Rights-of-Way. Sec. 49-55-4. Right-of-way vacation and reservation of right. In the event of vacation of a right-of-way requiring the relocation of facilities, the ROW user being relocated shall pay the costs of the relocation where the ROW user does not own an easement or other real property interest. Sec. 49-55-5. Abandoned facilities. A ROW user owning abandoned facilities in the right-of-way shall: (1) Remove its facilities and repair, at its expense, any damage caused by the removal. The director may allow some or all facilities to remain if the director determines same is in the best interest of the public to do so; or (2) Provide information satisfactory to the city that the ROW user's obligations for its facilities in the right-of-way have been lawfully assumed by another authorized ROW user. (3) Abandonment must comply with Chapter 49, Article VIII. - Management of Rights-of- Way. Sec. 49-55-6. Routing and spatial assignment. The city reserves the right, in the permit or otherwise, to restrict or determine the route (pathway) and/or spatial location, whether horizontal, vertical or depth, of any facility and/or structure or improvement in the right-of-way. DIVISION 3. COSTS, FEES AND ENFORCEMENT Sec. 49-57-1. Fees. (a) Right-of-way (ROW operator registration fee. There is a fee of $45.00 per right-of-way user per year for processing registration information, which fee will be collected upon registration. (b) Permit application fee. There is a permit application fee of $95.00 for each right-of-way application. Permits shall be issued or denied within 30 business days of complete application submittal. The fee is paid by an applicant upon application. The fee includes 1 inspection. (c) Emergency permit application fee. There is a permit application fee of $145.00 for emergency or expedited permits. The fee is paid by an applicant upon application. The fee includes 1 inspection. (d) Planned right-of-way(ROW) fee. Excavations in city right-of-way are subject to the ROW operator fee, permit application fee, and daily fee planned right-of-way fee per day per project permit. The planned right-of-way fee shall be subject to a tier rate that is based on the number of days estimated by the applicant in the application. In the event the excavation takes longer than the days estimated, the applicable tier rate shall be applied to the total number of days required to complete the project. The fee is paid by an applicant prior to permit issuance. (1) Tier 1: $60.00 per day, anticipated number of days to complete work zero to 60 days. (2) Tier 2: $90.00 per day; anticipated number of days to complete work 61 to 120 days. (3) Tier 3: $120.00 per day: anticipated number of days to complete work 121 to 180 days. (4) Tier 4: $150.00 per day; anticipated number of days to complete work greater than 180 days. (e) Barricade fees. Closure of city streets to install or repair sidewalks or driveway approaches, perform work above ground, closure or right-of-way abutting buildings, and activity that does require a street excavation, cut or bore shall be assessed on a per square foot of closure per day $0.0629. The fee is paid by an applicant prior to permit issuance. (f) Parking meter removal or bagging fee. There is a one-time fee for each parking meter removed or temporarily bagged of$28.50. The fee is paid by an applicant prior to permit issuance. (g) Re-inspection fee. A re-inspection fee of$75.00 per hour shall be assessed if repairs to the ROW do not pass initial inspection. Overtime inspection fees are incurred at a rate of$100.00 per hour after business hours, on weekends, and holidays. The fee is paid by an applicant prior to inspection. (h) Non-compliance fee. A fee of$1,500.00 per day shall be assessed to the violator for any work performed without a permit, for any permit that has not been extended before its expiration date, and for any permit wherein work has not been completed by the expiration date provided for in the permit. The fee shall be paid within timeframe provided on notice from the city. (i) Traffic plan review fee. Review of construction plans as part of a private development shall be assessed and paid by an applicant upon application based on the following tier system: (1) Level 1: $204.00 for developments less than 1 acre. (2) Level 2: $256.00 for developments between 1 and 5 acres. (3) Level 3: $459.00 for developments greater than 5 acres. (j) Traffic study fee. Review of traffic studies for private developments including traffic impact analyses, urban transportation plan amendments, and access management shall be assessed and paid by an applicant upon application based on the following tier system: (1) Level 1: $400.00 for developments less than 1 acre. (2) Level 2: $700.00 for developments between 1 and 5 acres. (3) Level 3: $900.00 for developments greater than 5 acres. Sec. 49-57-2. Penalty for violation of this article. Each violation of this article shall be punishable by a payment of the Non-Compliance Fee. Each day during which a violation continues shall be deemed a separate violation of this article. Any fees that are collected pursuant to this section shall be paid prior to permit issuance or continuation of work after notice of violation. Sec. 49-57-3. Clean up costs. The ROW user shall maintain the area on and around the excavation and related work in a clean, safe and orderly fashion at all times during conduct of the excavation and shall clean the same area upon completion of work. DIVISION 4. INDEMNIFICATION, INSURANCE, BONDING, AND LIABILITY Sec. 49-58-1. Liability of right-of-way user. The right-of-way user shall be liable to the city for any damage or loss occasioned by any act or omission occurring in connection with the excavation or construction, and subject to state law, the ROW user shall FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city, its officers or employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. City shall promptly notify a permittee, or ROW user, at the address set forth in the permit, or last known address, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee or ROW user in connection with an excavation. Sec. 49-58-2. Insurance. (a) Right-of-way users shall furnish an original completed certificate of insurance or the city's standard certificate of insurance form to the city's public works department, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number. The city shall have no duty to pay or perform under this article until such certificate shall have been delivered to the city's public works Department, and no officer or employee, other than the city's risk manager, shall have authority to waive this requirement. (b) The city reserves the right to review the insurance requirements of this section to modify insurance coverage and their limits when deemed necessary and prudent by the city's risk manager based upon changes in statutory law, court decisions, or circumstances surrounding this article, but in no instance will the city allow modification whereupon the city may incur increased risk. (c) Subject to the right-of-way user's right to maintain reasonable deductibles in such amounts as are approved by the city, right-of-way users shall obtain and maintain in full force and effect for the duration of the permit, and any extension thereof, and/or duration of time it maintains facilities in the public right-of-way, at the right-of-way user's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and acceptable to the city. (d) For joint applications and permits, the coverage required in this section may be provided by a policy jointly covering all of the applicants or by separate proofs of coverage for each applicant or permittee. (e) The city shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the city, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy revisions are established by law or regulation binding upon either of the parties hereto or the underwriter of an such policies). Upon such request by the city, the rights-of-way user shall exercise reasonable effort to accomplish such changes in policy coverage, and shall pay the cost thereof. (f) Right-of-way users shall ensure that all insurance contracts and certificate(s) of insurance contain the following required provisions: (1) Name the city and its officers, employees, volunteers, agents, and elected representatives as additional insureds with respect to the operations and activities of, or on behalf of,the named insured performed in the right-of-way under provision of this article, with the exception of the professional liability, workers'compensation and liability policy; and (2) Right-of-way user's insurance shall be deemed primary with respect to any insurance or self-insurance carried by the city: and (3) Provide for an endorsement that the"other insurance" clause shall not apply to the city where the city is an additional insured shown on the policy; and (4) Workers' compensation and employers' liability will provide for a waiver of subrogation in favor of the city. (g) Right-of-way user shall notify the city in the event of any notice of cancellation, non- renewal or material change in coverage and shall give such notices not less than 30 days prior to the change or 10 days notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement certificate of insurance. (h) Nothing herein contained shall be construed as limiting in any way the extent to which the right-of-way user may be held responsible for payments of damages to persons or Property resulting from the right-of-way user's or its subcontractors' performance of the work performed in the public right-of-way. (i) The city owned utilities and facilities shall not be required to provide the insurance specified herein. (j) With respect to the right-of-way user's obligation to comply with the requirements for Commercial General (public) Liability Insurance coverage to include pollution coverage, the city may allow the right-of-way user to self-insure upon annual production of evidence that is satisfactory to the city's risk manager. With respect to the right-of-way user's obligation to comply with the requirements for automobile liability insurance and for workers'compensation insurance, a right-of-way user may self-insure, provided the right- of-way user tenders satisfactory evidence of self-insurance as contemplated by the State motor vehicle financial responsibility law, Tex. Transp. Code 601.124, and the Texas Workers' Compensation Act, Tex. Labor Code 407.001 et seg.h) DIVISION 5. CERTIFICATED TELECOMMUNICATION PROVIDERS Sec. 49-59-1. Certificated telecommunications providers authority required/non-exclusive use. A CTP must provide evidence that the CTP has acquired authorization from the Texas Public Utility Commission pursuant to state law, prior to obtaining a permit to use public rights-of-way. The CTP's right to use and occupy the public rights-of-way shall not be exclusive and CTP recognizes the city's right to exercise its police powers and manage its public rights-of-wav, based on the Act and all other State or Federal laws. Sec. 49-59-2. Additional authority required. The CTP and any of its affiliates are not authorized to provide cable television service as a cable operator or to operate an open video system in the city but must first obtain a separate franchise agreement from the city for that purpose, under such terms and conditions as may be required by law. This section does not preclude the CTP from providing its services to cable television companies. Unless a cable television operator shows proof of appropriate city authorization, nothing herein shall authorize the CTP to license, sublicense, lease, sublease or by any instrument authorize any cable television operator the right to use or utilize the transmission media or facilities of the CTP. Sec. 49-59-3. Transfer and notice. A CTP shall notify the director and the city's supervisor of public utilities of any sale, transfer, merger or assignment of the ownership or control of a CTP's business within at least thirty (30) days of such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-of-contact information with the director and the city's supervisor of public utilities at all times during which the CTP uses the right-of-way. Sec. 49-59-4. Exemption from fees. Certificated telecommunications providers are exempted from the following fees provided for in this article: (1) Permit application fee, including expedited application fee, and permit expiration fee. (2) Additional excavation permit fee. (3) Inspection fee. Sec. 49-59-5. CTP indemnity. A CTP shall indemnify the city as specified by 283.057 of the Texas Local Government Code, as may be amended. A CTP shall be exempt from all indemnity requirements of this article that are inconsistent with & 283.057." SECTION 4. City Code of Ordinances, Chapter 53 Traffic, Article VI Standing and Parking, Division 4 Parking Meters is revised to repeal Section 53-195 as it conflicts with Chapter 49 Article III of the City Code. nnn c�rn�i�n �r re n.�ir of buildings GLBR Y;;' hi icir\ecc diGtFin4 Oho FeIIe\A/INIY nrened ire and nhaFges shall applyi . . A AAA . . CI Inh effiners er emele"ees of+he ni+" decimated by the ni+" manager, men+hh, rJllra+ieR he"eRr! erre (1) MG—P+h %.AAt-QR the right of way creno ne"ererl II rler+he �n,hinh +he foot have peen paid the nit" Will refs Rd a ger+inn of thea fees paid +e never a The nit"Will refs Rd +e the applineP+ erg a daily basic far+he rel lumber of days the ar.r! that.+he_rIe- area rye ether rmay mean+s dl le-+hle nit" �+ p� h. We F 1pd-s �p all be mai„ ;d-e ISI DTIIthe nnnl pored pa Ge is totallyl' Cleared 11 TTGIR remelianne ;n,i+h +he nenrJi+inns Set in the eermi+ nn � /n�f this sestOeRf thisi-7e ar�r! Iena+leN of+he ster OR rela+ierP +e aT;TYR earby, ir,-rr ariz-arrcrTvaacrvrrvrcrn. acct,SII rrcr��crvrrcv �cc rnnrJi+inn If the elanemen+ of a diImester at a seenifin Iona+inn Will area+e an d Ir PGter OR the right of wa" 1 I Fight and left edges, GG asm IP at least twe (2) tFaffiG GGReG (tWeRty eight (29) ORGhes height) With twe (2 d-S G-f FeileGtide Sheet!Rg shall be Placed_ in frnn+ of eanh enrJ of the �rrRv�Tc-vrcavrrcnuvrcrn. mpser�vrhmile nrnrisree v+ ccz . meas)Irervmerm+ of the d--- mps+er (4)Thec-prcpeFt„y GWRer A—F rcrac�6l�MI-I'St si,lAbrmrrFta stet-QM e�lt fr A-Mr n,e,ner�nf t h t-Q adjE)!Rine ereeer+"that emcee+s +e the elanemen+ of+he !'II Imester in free+ of the GWReF1 remises the weight of a fl III !'II Imesfor �n,ill evr-J neethe narr"ine naeani+" of the r� dFiveway why/ i4 is ilm l-�rb ntin�l fere\/er srn/e hArrNless the nits/ from aRy nlaimc relatiRg to the elaneMeNt of the me 'N -street right of rig/ I ISINe a ferrN rieereyed by the ni4�/ a44erNe�/ rrr�S�er�rr� acrc c cTlgn c-vr=v"vca�aan cczr�crr��rcy-«ccrnTrc� the ni4y as ap rip amel IN4 the l•liren4er of safety and risL as FeqHred�sestieN 17-15 Af^4ho GGdtQ opf�QrdiRaRGec (77) Th `1 eFty l�7PT7.e ^�vv1T F;_;Gt�7F mHsJt-a9Tee 1e y the nr•tG of�e� iriN �TTy 6l'� pl e F'1 eRt Gf the d l If'� MPSterl INnlINPY b I+ RE mMited tG1 damage te thistreeS 1 (Q�)The PFE)PeFty GWRer e�T rcracBC pays the-FeglHiFed fees harved- A_.Arthe fnllnW!Rg snhel•ll Ile• a /Aeelin;tieN foo of forty dellers ($44Q), Whinh iNnll Il•les 4ho first cL-Q'.AeR (7) days nark at a Speeifinmv-aQarervis. The applGatiG rfee I Ist bea. paid With the ieFis mRg appliGatiGR. r»rLiRg creno is enol Idiot' by a d mpster ever the first seVeN (7) days D7YLiRg fees ml Ist he paid OR ad-VaNne 1 plenemeNt of d MPSters OR the right_ef_way a. File eek limi�N t�istreet;n/here the rlI Impster Will he planed �� �m-rr rr acrc c civ-rTcn. crn�-aTrrpvc ci�vrrr�c�raccc. bn/e hl INl•lred thirty/ (23Q) feet of the IN+ersen+leN the flI Im rester I d. etT#der-aYspesial FHIe,.s�-apply to the��t+ee-sehashet#er: I -her{ 16}�., no_�n,a�,ttQ�+ti/-+1� �/� /fir I-tl 4 "FIyATT-F A ';;F ';; 16 G hh GOTLGTn e, GT �. I-t� ^"ted APa ni ir"o er iN thL rMrWLQ of ni.I dLQ 5;;;r, A Tho rJicc+riNne frLgm +he Nerirec+ m+ercen+keN f. T--i--dsteA r--e fes. t-Q A eaTest dFiv ay �. met#er�t ;AVi11 limit amass teCdFiP ,e TR the ^r,r,^s+te Cid-A „f 7 C+r��+ n. %.4het#er the l^^at+e.p has s and gatteFsGF Gpep dFaiRageditGh hefere they ee iN+e effen+ ' , i n MaRHal GRn hGHFG rr + m fere ci inh peFmi+ is re"eLed ' te Cz6rre6rSamebervrcaacm�cnrrrc-i v--i cacrcca. (e) At least feFty eight (49) heHFs advapr-e Aptir-ta shall he pFevided te the depaFtmei# decigRated by the pity maRager hefere iss Imre of Permit Sec. 53-195. Reserved." SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5. 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. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary V SION ZERO R ... :. ., o ,11 , �`oozi?• 0 0 CORPUS CHRISTIC. Public Works Department Chapter 49 & 53 Ordinance Amendments: Right-of-Way Management and Street (Utility) Excavations u✓ City Council Presentation February 13, 2024 RECAP 1. December 5, 2023 - Item Tabled to Address CM Hernandez Comments. 2. January 9, 2024 - 1St Reading Passed • Public Comments Provided by CBHBA & David Loeb • Item Amended on Floor to Include Appeal Process for Street Cut Variances to City Council. 3. Public Works Met w/Several Stakeholders to Discuss Comments 4. February 13, 2024 - 2nd Reading (Final Recommendations) HISTORY 1. Department of Public Works (PW) Established in 2019 • ROW Management - Director/Department of PW • ROW Team - Established in FY23 Budget (Updated Fees) 2. Right-of-Way (ROW) Ordinances • 1985 - Adoption of Manual of Driveway Design & Construction Standards • 1988 - ROW Permit & Occupancy Fee Ordinance • 2011 - UDC Adoption (Driveway Permit Requirements)* • 2015 - Driveway Construction Standards Updated (Engineering Services) • 2013 - Street Cut Ordinance & Pavement Cost Recovery Fee* *DSD Administration Per Current Ordinance ORDINANCE GOALS 1. Update Sections Related to Street Cuts, Driveways, Sidewalks, Curb & Gutter • Amend to Designate Director/Department of Public Works • Require Permit for All Driveways (New & Existing) 2. Protect Public and City's ROW Infrastructure Investment: • Track Utility Providers & Contractors • Update Street Repair Requirements • Reduce Street Infrastructure Damage • Increase Safety & Convenience for the Traveling Public • Protect Investments • Ensure Conformity to City Construction Standards ORDINANCE GOALS oio REDUCE STREET INFRASTRUCTURE DAMAGE xw i ' Specifying Restoration Encourage Joint Trenches Requirements for New Streets ORDINANCE GOALS 4 ESTABLISH DRIVEWAY PERMIT REQUIREMENT -------------------- __•_ = — - - - :- - � - ,.,reg.:, � ,..,- .. 77 ioi C . d r- `m. r iiTTT M - New Commercial New Residential ORDINANCE GOALS ENSURE CONFORMANCE TO CITY STANDARDS s Sidewalk Repair Driveway Repair ORDINANCE GOALS ENSURE CONFORMANCE TO CITY STANDARDS tt � Incorrect Correct Curb Saw Cut Tie-In Driveway Approach ORDINANCE GOALS 40 UPDATE & SPECIFY RESTORATION REQUIREMENTS ✓ �" �, i - � ` � I 's li ff Recommendation Curb to Curb ORDINANCE GOALS 0 0 UPDATE "NEW" STREET RESTORATION REQUIREMENTS µ, gat, t Incorrect Restoration Staff Recommendation Full Lane Curb to Curb RECOMMENDATIONS STREET RESTORATION REQUIREMENTS 1st READING FINAL STAFF" PROPOSED "OLD"Street 1.Age:>7 YRS(Any Street) 1.Age:>6 YRS(Any Street) Definition 2 PCI<70 2 PCI<SO 1.Administration:PW 2 Pemrit Yes 1.Administration:PW "OLD"Street Permit/ 3.Limits An Cut Restoration (Any ) 2 LimiPenrts.Yes -Width:Full Lane 3.Limits(Any Cut): Requirements -Length-10-ft(Min)Beyond Excavation Edge -Width:Full Lane (Asphalt) -3"Minimum OverlayThickness Thic -Length:l0.ft(Min)Beyond Excavation Edge -Allow Overlay Thickness to Match Existing "NEW"Street 1.Age::S 7 YRS(Any Street) 1.Age:0-6 YRS(Any Street) Definition 2 PCI>70 2 PCI>SO 1.Administration:PW 1.Administration:PW 2 Pemrit Variance Required 2 Pemrit Variance Required 3.Limits(Varied Depeding on Street Age/Classification): 3.Limits: -Width:Require Curb to Curb -Width:Require Curb to Curb "NEW"Street -Length:Block to Block(Arterials/Collectors;0-2 Yrs) -Length(Min):25-ft(Min)Beyond Excavation Edge Puirementt(Asphalt) n -Length:25-ft(Arterials/Collectors;2-7 Yrs) -Allow Overlay Thickness to Match Existing Requirements(Asphalt -Length:104t(Local;0-7 Yrs) -2"Minimum Overlay Thickness(Arterial/Collector) -3"Minimum Overlay Thickness(Local) *Recommended Updates to Existing Ordinance 11 RECOMMENDATIONS DRIVEWAY/SIDEWALK REQUIREMENTS EXISTING Ist READING FINAL STAFF ORDINANCE PROPOSED RECOMMENDATIONS RESIDENTIAL COMMERCIAL RESIDENTIAL COMMERCIAL RESIDENTIAL COMMERCIAL DRIVEWAY PERMIT NOS YES YES YES YES YES REQUIRED New/Repair DRIVEWAY INSPECTON NO YES YES YES YES YES REQUIRED New/Repair SIDEWALK/CURB& GUTTER PERMIT NO YES YES YES YES YES REQUIRED SIDEWALK/CURB& GUTTER INSPECTION NO YES YES YES YES YES REQUIRED *Existing Ordinance Requires Permit for Residential Abutting Ditch Section 12 STAFF RECOMMENDATIONS 1. APPROVE ORDINANCE AMENDMENTS AS PRESENTED a) Repeal &Replace Street Cut Ordinance (Chapter 49) w/Amended Procedures b) Repeal Section 53.195 - Conflicts w/Chapter 49. c) Administration of ROW Permits - Public Works d) Appeal Process - City Council e) Residential ROW Driveway/Sidewalk Permits: • Permit Required • Issued Concurrently w/Approved Building Permit • Random Inspections by PW • Subject to Non-Compliance Fee 13 Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for penalty BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division I Generally is revised to amend the City department responsible for supervising work done within the public right of way. "Sec. 49-20. Permission to make improvements. It shall be unlawful for any person to pave or improve or in any manner to change or disturb the surface or grade of any street, avenue or alley in the city, or attempt to do so, unless done under the direction and supervision of the director of cnninoorinn -a Rd nhySiGal deVelnnmon4 uj l works or unless done with the consent and permission of the city council, which consent or permission shall be in writing and signed by the mayor." SECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division II Sidewalks, Curbs and Gutters is revised to amend the City department responsible for supervising work done within the public right of way and remove the permit fee language that conflicts with language in Chapter 49, Article III Cuts and Excavations. "DIVISION 2. — DRIVEWAYS, SIDEWALKS, CURBS AND GUTTERS Sec. 49-30. Permit. All persons within the city desiring to build, construct or repair driveway approaches, sidewalks, and curbs and putters in the city shall first secure from the director of ,rd- phySi` al deVeInnmon+ public works a permit to do such work, and the contractor doing such work or in charge of the same shall secure such permit from the director, including: (a) New c Dnstruction driveways — Permit is required and is subsidiary to building permit. This applies to new single-family or two-family dwelling units/multifamily/commercial/industrial. New construction driveways for single-family or two-family residential units are subject to random inspections. (b) Repairs/modifications to existing driveway approaches — Permit is required. (c) New sidewalk/curb and putter— Permit is required. (d) Repairs/modifications to existing sidewalk/curb and gutter - Permit is required. All work shall be performed in accordance with the City's Construction standards. Up4ie4 nr-!o (I Ifl(`) OF Infro54r11n411ro flo5inn MaR6�l (IIDM) as appli-al-la n 4ho onion+ ern a-e^ iethetweeP thp I Ing ;;Ppj In the QM wevaml. A permit shall not be issued for any tract or property where a final plat is required to obtain a building permit. This section shall not apply to public improvements required for new subdivisions where a final plat has not been recorded. 311M C ($1 00) fnr Oho 05511-Rnro of the normi4 " SECTION 3. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article III Cuts and Excavations is hereby repealed and replaced in its entirety to amend the requirements and procedures for working in the public right of way. "DIVISION 1. GENERAL PROVISIONS Sec. 49-39-1. Administration. The Director of Public Works is the principal city official responsible for the administration of the right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law. The director may delegate any or all of the duties hereunder. (a) The Right of Way Manager, who shall be an Executive Manager overseeing the Right- of-Way Division in the Department of Public Works, shall have the same duties, responsibilities and authority as specified for the director stated herein except in granting variances and appeals. Nothing in this article authorizes the city to charge any fee in conflict with state law, franchise agreements authorized by the city council, article VII of chapter 49 of this Code, or Ordinance No. 026217, as amended. Sec. 49-39-2. Definitions. As used in this article, the following terms shall have the meanings ascribed in this article, unless the context of their usage clearly indicates another meaning. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular include the plural. The word "shall" is mandatory and not merely permissive. Abandoned facilities means facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities that are in use or that still carry service. Applicant means an owner or authorized agent of an owner, who submits or receives a permit under these provisions of the City Code. The term includes: (a) any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and any contractor or subcontractor of the applicant, for purposes of compliance with the City of Corpus Christi Infrastructure Design Manual and the traffic control, construction, and maintenance requirements of this article. Backfill means the placement of new dirt, fill or other material to refill an excavation; or the return of excavated dirt, fill or other material to an excavation. Certificated telecommunications provider or CTP means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public utility Commission or "PUC" to offer local exchange telephone service as defined by Local Government Code Ch. 283 or "the Act." Closure means a complete or partial closing of a sidewalk, parking space, or one or more lanes of traffic of a publicly maintained street for any period of time. Construction means any of the following activities performed by any person within a public right-of-wa v. Installation, excavation, laving, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent. Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way. (c) Performance, restoration, or repair of pavement cuts or excavations. Reconstruction of any of the work described in this article. (e) Network nodes and related infrastructure, as defined in Chapter 284 of the Texas Local Government Code. Other similar construction work. Construction standards means the City of Corpus Christi Infrastructure Design Manual (IDM), any manual, or standard specifications and details published by the City that contains engineering, technical, and other special criteria and standards for construction oc+ hlicho I h„ the ,-;per--t r� St,lGt+6, a& d-le#ined I.A. th-is-at+E�in the public right-of-way as they may be amended from time to time by the Department of Engineering Services and Department of Public Works and approved by the city engineer. Contractor means any public or private person or organization, other than the city. Day means business day unless otherwise specified. Department means the department of public works or a successor department that is responsible for management of the right-of-way and roadway infrastructure. Director means the director of the city department of public works or designated representative responsible for the administration of right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. Emergency operations means operations and repairs necessary to prevent damage or injury to the health or safety of the public or any person due to an unforeseeable event or occurrence that endangers health, life, or property, or a situation in which public need for uninterrupted utility service requires immediate corrective action to restore or prevent the loss of services. Written notice to the director is required within 24 hours to ensure compliance with this article of the Code. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations. Excavation means an activity that removes or otherwise disturbs pavement, driveways, curbs, sidewalks, soil, fill, or other material, in the right-of-way, including but not limited to the methods of open trenching, boring, tunneling, lacking, or backfilling. Excavation does not include routine homeowner maintenance and landscaping activity immediately adjacent to the homeowner's property line unless the activity removes or disturbs the paved portion of the right- of-way. Facility means the plant, equipment, buildings, structures, and property, including but not limited to lines, poles, mains, pipes, conduits, ducts, cables, micro network nodes, network nodes, node support poles, vaults, wire, and other appurtenances of a public service provider located under, on, or above the surface of the ground within the right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services whether owned, operated, leased, licensed, controlled, or supplied for, by, or in connection with the business of the public service provider. IDM means the City of Corpus Christi Infrastructure Design Manual. Inspection means the inspection of construction by any person approved by the director to determine compliance with this article. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes equipment associated with wireless communications, a radio transceiver, an antenna, a battery-only backup Power supply, and comparable equipment, regardless of technological configuration, and coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include an electric generator, a pole, or a macro tower. Network provider means a wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node. New street means the paved portion of the right-of-way that has been constructed, reconstructed or resurfaced with an asphalt overlay, hot in place recycling, full-depth reclamation, reconstruction or other structural street maintenance treatment. "New street" includes all concrete paved streets, streets constructed or structurally resurfaced during the preceding six years or any street with a pavement condition index greater than 80, as defined herein. aRy c+ree+ in +he rink+_ _way that has boon nnnc+ri in+er-1 rennnc+n in+er-1 or res irfa Gerd rdi irinn the nrenedmRq- 7 dears nr aFe ibi+ed nn neWl'i rnnc+n int-Lad rennnc+n in+erl OF nless annrnier-1 iren+nr. VaFinanrec pavement repair, resteFatinn and incnen+inn rens firemen+c ire ni irci inn+ + the rem ep c of+hicc 4pto le Owner means a person, company, partnership, agency or other public or private entity, who is the owner or will, following the completion of the installation, become the owner of any facility that is installed or is proposed to be installed or maintained in the public way. Pavement condition index (PCI) means a measure of the condition of the right-of-way on a scale of 1-100. The PCI for a specific street segment can be requested through the department. Permit means a permit issued under this article authorizing construction in the right-of-way. Permittee means any person or right-of-way user to whom a permit is issued to construct within a right-of-way. Person means any person, company, partnership, agency or other public or private entity, excepting city departments. Pole means a municipally owned service pole used to support traffic control functions, signage, lighting, operations or decoration; a municipally owned utility pole; node support pole; or a utility pole. Public service provider means any energy delivery or transport company, wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, storm water utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Chapter 284 of the Texas Local Government Code, as amended. QgQj8t'r'Jt'Gp Oho aPPIiratinn of R4)VV/ i icor t i ice an i Pnr4ii^ of 4he rinh4_ Repair means the temporary or permanent construction work necessary to make the right- of-way useable. Repair area means that area around an excavation where the pavement and subgrade is impacted by an excavation. Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition, or better, than existed before the commencement of the work. Resurfacing means any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs. Right-of-way or public right-of-way or public way means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, trail, drainage way, channel, bridge, tunnel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the city. The public right-of-way includes the entire area between the boundary lines of every right-of-way. Right-of-way (ROW) user means a person that identifies as the Contractor o the permit its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners, utilities, contractors and public service providers. Routine service operation means a work activity that makes no material change to the facilities and does not disrupt traffic. Spoils or Excavated Material means construction waste, construction supplies, or excavated dirt, fill or other similar material that is stored or placed upon the surface of a public right-of-way. Street means the pavement, and sub-grade of a city alley, residential4GGal, collector or arterial roadway. Supplementary application means an application made to excavate, construct within or obstruct more of the right-of-way than allowed in, or to extend a permit that has already been issued. TMUTCD shall mean Texas Manual on Uniform Traffic Control Devices, latest edition. Traffic-control device means a traffic sign, signal, or marking that is placed and maintained in accordance with state law and this Code. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Transportation improvement means the portion of work within the finished paved surface of a public way undertaken by or pursuant to contract for the state or a political subdivision of the state for the purpose of improving or maintaining public way transportation and related storm drainage and street lighting infrastructure, but does not include any activity, such as connection to other facilities, that cuts, penetrates, or bores under a public way other than the one being improved or maintained pursuant to the contract or that cuts, penetrates or bores under the public way after installation of new paving. UDC shall mean Unified Development Code. Utility shall mean any privately or publicly owned entity which uses public rights-of-way to furnish to the public any general public service, including, without limitation, wastewater, gas, electricity, water, mobile services, telecommunications services, information services, cable services, video services, wireless services, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Poles are regulated herein only as specifically set forth in this Article. White lining means marking the excavation site with white washable marking paint or flags prior to requesting a utility locate in order to further identify the site. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Sec. 49-39-3. Field utility coordination. (a) The ROW user shall notify the department at each of the following times during aproject: (1) 72 hours before the start of construction; (2) Upon completion of the initial backfill; and (3) Upon completion of the project. (b) The ROW user shall mark the site of the proposed excavation with white lining and/or flags prior to making a request for locates and actual excavation. White lining is not required for excavations of more than 60 feet long unless the excavation is located in pavers, cobblestone, pavements, sidewalks, or other public flatwork. (c) The ROW user shall make a request for a utility locate not more than 14 days and not less than 72 hours prior to the commencement of the proposed excavation. Such request shall be made to the state One-Call Center and the City of Corpus Christi. A request made using the One-Call Center(811) shall be made by telephone or facsimile and shall include the date, location, extent and reason for such proposed excavation. A request to City shall be in accordance with procedures established by the Director. (d) The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. The use of "non-washable" markers is prohibited. (e) The ROW user shall mark the proposed excavation site with paint and/or flaps in colors established by the One-Call System. The markings shall be placed a distance of not less than 5 feet in all directions from the outside boundary of the site to be excavated. (f) All excavations shall commence within 14 days of the date of the utility locate. In the event that the excavator fails to commence work within 14 days or the utility locate marks are not visible at the time the excavation is scheduled to commence, the ROW user is required to request a new utility locate. (g) Compliance with the Texas Utilities Code is required at all times. (h) All barricades, plates, cones, traffic directional equipment, and all other traffic control devices owned by the ROW user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or ROW user, as applicable, at all times such equipment is used on or near the right-of-way. An exception to the marking requirement may be made in the event the traffic control equipment is not owned by the permittee or ROW user. Failure to mark equipment shall be a violation of this article. (i) It shall be unlawful to place a steel plate at an excavation without a permit. The director may authorize as a condition of a permit the use of a steel plate as a temporary surface for an excavation. Any such permit shall specify the length of time the steel plate is allowed to remain in the public way. It shall be unlawful for any permittee or former permittee to maintain or cause to be maintained a steel plate in the public way after the time specified in the permit for the excavation at which the steel plate is located. Failure to use a steel plate so marked shall be a violation of this article. (j) A network provider conducting routine maintenance on network nodes, including micro network nodes, or network support poles that do not require excavation or closing of sidewalks or vehicular lanes in the right-of-way as provided for in Local Government Code 284.157, shall provide the Department notice not more than 14 days and not less than 48 hours prior to commencement of the planned routine maintenance. Sec. 49-39-4. Maps and records of registrants. Each ROW user must maintain accurate maps and records of its facilities. The information shall be made available to the Department within 5 days of request by the Department. The maps and records shall depict horizontal and vertical locations of all facilities in and near the right-of- way. The information shall be provided in electronic format compatible with city software or shall be subject to a conversion fee. Maps and records shall indicate horizontal location and a description of the facility for the area involved in the permit application and 2 block radius. The Department may have facilities located if the ROW user does not provide the requested information. In such event the ROW user shall reimburse the cost to the city to locate the facilities. Sec. 49-39-5. Notice. Notice for purposes of this article shall be made to city via electronic message (e-mail), overnight courier (generally used carrier with tracing available), or hand delivery with signed receipt, facsimile to the Department, or United States mail return receipt required. Sec. 49-39-6. Registration. All right-of-way users must register with the Public Works Department yearly. Registration, evidence of insurance, and performance/assurance bond and sureties, if applicable, shall be successfully performed on a one-time basis, and must be approved and on file with the city prior to commencement of any work. A certification shall be provided to each applicant that successfully completes the registration process. Annual registration updates shall be performed on the anniversary of the initial registration certification. No ROW user shall be authorized to utilize the right-of-way in any capacity or manner without registering and obtaining the necessary right-of- way permit from the director in accordance with the following requirements: (a) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities, person, or contractor working in the Public right-of-way. (b) The names, telephone numbers, mailing address, e-mail address, of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person. (c) If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission shall be provided. (d) The ordinance number of any franchise or license issued by the city that authorizes the public service provider or person to use the public right-of-way. (e) The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the Right-of-Way User. At least one of the users must be within the city and shall be available at all times to act on behalf of the ROW user in the event of an emergency. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge. (f) Proof of existing insurance that complies with the requirements in this Article. (g) Employee safety certification information. Sec. 49-39-7. Employee safety certification. The ROW user operating facilities or constructing facilities in any public right-of-way is responsible for the safe movement of pedestrian and vehicular traffic through the construction area. The ROW user shall obtain certification through a city approved training organization for a sufficient number of employees working within the right-of-way such that a certified employee is present at the mob site during construction activities. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. Alternative training programs may be submitted to the Director for city certification. Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, as evidenced by certification, shall place and maintain the traffic control devices in the construction area. Employee certificates shall be maintained current by ROW user at all times. An employee shall produce, upon request of an inspector or certified police officer, proof of a valid training certificate. Sec. 49-39-8. Reporting obligations. All ROW users shall provide on demand, proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any governmental entity, including, but not limited to, the city. State or Federal Government, including a description of the ROW user's intended use of the right-of-way, information sufficient to determine whether the ROW user is submect to franchising or licensing by the city, and information to determine whether the ROW user has applied for and received any certificate of authority required by the PUC. The information provided shall be sufficient to determine that the ROW user has applied for and received any permit or other approvals required by the FCC. ROW users shall provide all such other information as may be reasonably required by the city to complete the registration statement. Sec. 49-39-9. Damage to and in Public Right-of-Way. (a) A person commits an offense for the following: (1) Construction, excavation, cut, opening, or any activity in, or along any public street, alley, sidewalk, driveway, public easement or any portion of the right-of-way without a valid permit, license, or agreement. (2) Failure to comply with restrictions or requirements of a permit, license, or agreement issued by the City of Corpus Christi. (3) Damaging a public street, alley, sidewalk, driveway, or any portion of the right-of- way beyond what is incidental or necessary to the permitted activity. (4) Damaging the public or private facilities in, on, or along any public street, alley, sidewalk, driveway, or any portion of the right-of-way. (b) It is a defense to prosecution under subsection (a)(4) if the person complied with all of the requirements with a permit, license or agreement, City and State law and caused damage because the facilities in question: (1) Were not shown or indicated in a construction plan, plan of record, record construction drawings, or field survey, or utility locate; and (2) Could not otherwise be discovered in public street, alley, sidewalk, driveway, or any portion of the right-of-way. (c) A person who violates the provision of this article is subject to a Non-Compliance Fee for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. (d) The Director has the authority to enforce violations under this section. Sec. 49-40-1. Permit required. It is unlawful for any person, its agents, servants or employees to excavate or cut in or under any street, alley, sidewalk, or driveway within the right-of-way for any purpose without first having made application and obtained a permit as required in this article. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the Director a permit in compliance with this article. (a) Before issuing a permit, the Director shall have been provided a written application, on a form furnished by the Director, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications. (b) At the time the permit is issued, the applicant shall pay a nonrefundable application fee in an amount as provided for in this article. (c) The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article. (d) No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any right-of-way to relocate the facilities at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way. (e) Combinations of permits shall be permitted at the discretion of the director. Fees shall be assessed based on the excavations permitted. (f) Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this article. Sec. 49-40-2. Excavation permit application. Application for a permit shall be addressed to the Director and made on a form furnished for that purpose, stating the name, mailing address, email, and 24 hour emergency telephone number of the applicant and owner of the facility; extent, dimensions, character and purpose of the cut or excavation to be made; the location, by street and number, if possible, where the work is to be done; evidence of insurance as required in this Article; and the time in which it is to be completed. The application form shall be accompanied by the nonrefundable application fee, maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction; proposed start and completion dates. (a) Joint applications. Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The city will recognize only 1 point of contact. (b) Supplementary applications. A permit shall only be valid for the area of the right-of-way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area greater than that which is specified in the permit must be excavated must: (1) Make application for a permit extension and pay any additional fees required thereby; and (2) Receive a new right-of-way permit or permit extension. Permits will be issued or denied within 30 working days of application. Unless granted for a longer period, an excavation permit shall be valid for 60 days and for the dates specified in the permit. The applicant may request the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The city may approve or deny the application for such extended permit period. No permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the city prior to the permit end date. An expedited permit may be requested and shall be issued within 10 working days of application upon a showing of good cause. Sec. 49-40-3. Issuance of permit. Every person making application for a permit in accordance with the provisions of this article and having complied with such provisions shall be entitled thereto, and, upon filing such application with the director, it shall be his duty to issue the permit, when the provisions of this article shall have been complied with. (a) Upon receiving a written application for an excavation permit and a plan prepared in accordance with city specifications, the director's designee shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. v Ge F9+i Farr l RIR eMe FG]e RGY eVl'.^]Vatm GRS at least 1 W GFkORGI dad 19FOGF +G the c+ter+ A-F vVerll o al9l9lmGa Rt shall telel9hGRe the Gmt-Y street. i-1 i,iiciGR and Folli lost a igeFM+ RHMbeF �-a66O(Ired tG the OP11eFMot '-;h;II ho -oF,+ +„ the aigi ,,.� No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed. (c) Each permit shall state a time period for completion of all the work to be done thereunder. The director may grant extensions of time. (d) No person in violation of any requirement of this article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity. (e) No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire,the ROW user shall procure a new permit, paying the applicable fee therefor as before, before proceeding with any such work. Sec. 49-40-4. Excavation to be under supervision of the director. (a) Any ROW user engaged in making or backfilling any excavation in any right-of-way shall at all times while such work is in progress keep at the mob location the permit, or a copy thereof, and shall, on demand, exhibit the permit to the director or designee, or any police officer. (b) At all times while the work is in progress the ROW user shall also maintain at the mob location, traffic control devices installed in accordance with an approved traffic control plan, signs bearing the contractor's name, the name of the utility that is having facilities installed, maintained, repaired, replaced, and/or removed under, on, or above the ROW, contact information for both the contractor and utility, and a brief description of the permitted work. Employees and contractors of the ROW user engaged in carrying out the permitted work shall also have on their person a conspicuous identifier of the utility for whom permitted work is being performed. (c) The ROW user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, or other property at, near or encountered during the course of work. The ROW user shall determine the boundary of the right-of-way. (d) All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of rights-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the city under the policy and regulatory powers of the city necessary to provide for public convenience. The ROW user shall reasonably protect from damage, utility facilities, sewer facilities, water facilities, lawns, shrubbery, trees, fences, structures, or other property encountered in his work. The ROW user shall not trespass upon private property. The ROW users shall determine the boundary between Public right-of-way and private property. (e) All transmission and distribution structures, lines, equipment and facilities erected by a ROW user within the city shall be so located as to cause minimum interference with the proper use of the public rights-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who loin any of the said streets. (f) The city reserves the right to lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes and channels and streets and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the city, in, across, along, over or under any right-of-way or public place occupied by a ROW user and to change any curb or sidewalk or the grade of any street and to maintain all of the city's facilities. In allowing such work to be performed by others, the city shall not be liable to a ROW user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a ROW user by such third party. (g) If the city requires a ROW user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the city, to use, or to use with greater convenience, any right-of-way or public place, the ROW user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a ROW user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a ROW user's facilities; provided, however, that the city shall never be liable for such reimbursement. Sec. 49-40-5. Additional excavation permit. Subsequent to issuance of a permit, if it is necessary to excavate a larger area than originally estimated, the permittee shall at once pay to city the amount necessary to obtain the additional permit necessary. Sec. 49-40-6. Appeal. A right-of-way user that has been denied registration, has been denied a permit, has had a permit revoked, or believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows: (1) Appellant shall provide, within 5 days of denial, a written notice of appeal filed with the right-of-way manager of the Department. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision within 5 days of receipt of the appeal. Failure to render a decision within 5 business days shall constitute a denial. (2) If a further denial is given, the appellant may thereafter file a written notice of appeal with the director within 5 days. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The director shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. (3) If a further denial is given, the appellant may thereafter file a written notice of appeal with the Assistant City Manager for the department within 5 business days of receipt of the director's written decision. The Assistant City Manager shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. (4) If a further denial is given, the appellant may thereafter file a written notice of appeal with the City Council within 5 business days of receipt of the Assistant City Manager's written decision. The appeal will be held at the City Council meeting within 20 business days of receipt of the written appeal. Sec. 49-40-7. Denial of permit. A permit may be denied or suspended for any of the following reasons: (1) Failure to provide proof of liability insurance acceptable to the city. (2) Failure to secure a contractor's license or other required license. (3) Failure to perform in accordance with the requirements of the 4p4Construction standards or in accordance with these provisions. (4) The excavation would be in a new street and not otherwise permitted by this article. (5) The proposed warning or other traffic control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the director. (6) The proposed activity would violate a city ordinance or State or Federal statute. (7) The permit application contains false or misleading information. (8) The activity would cause a public health or safety hazard. (9) The ROW user is not authorized within the city. (10) The ROW user is in violation of this article relative to work in progress. DIVISION 2. TECHNICAL SPECIFICATIONS Sec. 49-41. Energy, electric, gas, water, and sewer standards. Technical standards for energy, electric, gas, water, sewer and storm sewer are defined in the 4)MConstruction standards. Sec. 49-42. Compliance with safety regulations. The permittee and ROW user shall comply with all applicable federal, state and local safety regulations and requirements, including, by example and not limitation, the occupational safety and health standards for the construction industry. Sec. 49-43. Commencement and completion. After obtaining the permit and prior to commencing the work, the permittee shall notify the director, and shall commence and complete all work within the time specified in the permit unless an extension of time is granted by the director. Sec. 49-44. Safe conduct of work. Every permittee and ROW user shall prosecute its work diligently and in a good, safe, and workmanlike manner, and shall safeguard and protect the public using the street or right-of-way where the work is being performed from accidents or damage by placing barriers, lights and other sufficient safeguards around all cuts, openings, and excavations. All material, implements and tools stored upon the premises and used in connection with the excavation shall be stored in a safe and non-hazardous manner. All work must be performed only within the hours and days as set forth in the 49-4Construction standards and in accordance with the requirements of the permit. Work in residential areas may only occur during daylight hours. Certain commercial areas and hospital districts are subject to noise controls and other limitations. Details are available in the 444Construction standards and from the Department. Sec. 49-45. Emergency excavations. Nothing in this article shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, or right-of-way by virtue of any law, ordinance or permit, from making such excavation as may be necessary for compliance with law or for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within 24 hours. Except as specifically provided otherwise in this article, excavations authorized by this section shall be subject to all fees and requirements of this article. Sec. 49-46-1. Traffic control safety. In the event of non-compliance with the TMUTCD, the ROW user shall be notified in writing of the violation. In the event of continued non-compliance, the director may revoke the permit, in addition to any other remedies available to the city. Sec. 49-46-2. Responsibility for signs, barricades and warning devices. The ROW user working in any right-of-way is responsible for the safe movement of traffic, both pedestrian and vehicular, through the construction area. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. (1) Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, may place and maintain the traffic control devices in a construction area. (2) The ROW user must either subcontract the barricading to a firm specializing in traffic control or submit the qualifications and name(s) of employees to the director for approval prior to the work commencing. They must also submit a traffic control plan for review. All signs and barricades must conform to the requirements of the TMUTCD. (3) All barricades, plates, and other traffic control equipment must conform to TMUTCD specifications and must be inspected and approved by the director if not provided by a traffic control firm. (4) All barricades, plates, and other traffic control equipment must display accurate and sufficient information including the name of the ROW user. (5) Non-compliance with the TMUTCD shall be cited in writing. In the event of non- compliance after citation, the director may place the necessary devices as required, and the ROW user shall pay all related charges. The ROW user shall reimburse the city for all such expenses as well as a non-compliance fee. Failure to comply with this provision may result in denial of application for future permits. (6) All traffic control devices must be removed immediately upon completion of work. Prior to commencement of any excavation, or any work relative to a permit, the ROW user shall install at the work site an informational sign in conformance with the requirements of the 49MConstruction standards. Sec. 49-46-3. Duty to barricade. At all times during construction activity, the contractor and/or ROW user, as applicable, shall place and maintain all necessary and proper barriers and other safeguards, including watchmen certified in accordance with the safety training described in this article, if necessary, upon and around the work for the prevention of accidents, and after daylight hours, shall place, maintain and keep suitable sufficient lights, in accordance with the TMUTCD. Sec. 49-46-4. Duties of persons making excavations or creating obstructions. Any person who shall cause to be made any excavation or obstruction in any street or right- of-way may not suffer the same to remain there beyond a time reasonably sufficient for the completion of the work and/or removal of the obstruction, and shall repair the subject portion of such street, or right-of-way so as to restore the same to its condition previous to the making of such cut or obstruction. It shall be the duty of such excavators to protect the area while such condition exists and promptly to repair the same so as to leave the street or right-of-way in as good condition as before the excavation. Sec. 49-47-1. Excavation in new or streets in good condition. The permittee shall complete pavement restoration of the excavated area within 30 days on arterial and collector streets and within 30 days on residential and alley streets after final backfill is completed and accepted by the director. The permittee shall conduct the work with a minimum disturbance to existing utilities and shall coordinate all work in or near the existing utilities with the utility owners. (a) Excavation in new asphalt pavement streets and alleys. There shall be no excavation in new streets, as defined in this article, without a variance from the director. Any request for a permit to excavate a new street shall include a description of the proposed work and proposed restoration of the area, per requirements by the Director or defined in the Construction standards, as well as a statement as to why alternate procedures cannot or should not be used in lieu of excavating a new street. (1) The minimum width of restoration 4R#ts for excavations granted in new streets shall extend from the full width of impacted lane(s) up to curb to curb on any street. (2) Any street (0-6 Years and PCI>_ 80). For excavations granted in new streets, the length of restoration shall extend a minimum of 25 feet beyond the edge of the excavation. The age is measured from the date of acceptance by the City. The overlay thickness shall match the existing pavement section at a minimum. nrt el enr-1 Hell ter rn cEFlrn-cmcr-vvrr�6rvrscreets�(0 �7 Vearc)r r NT 2V�6t ee 6raNt In^L 4 minimi im asphalt everlay of 2in^hes chill he rens firer-I The ane is meed irer-1 from the date of e^^en4en^e her the ^iter m c2F1 e1 26t$rsircEtS Q �rea `i clrF=-0rLQ4C^sc'rc'atf6Tr6-C FaRteC-� TeVlr6t ee 6 F feet he�rnnr-I the n,itermnct'er-Ine of evne�retinn 4 minimi im asphalt nrerler of'� LQ C; shall he rervi iirer-1 TreN^h rervi iiremeNts shall ^emnhr nrith th LQ 1n feet 11e\rl1N I the elltermllct e 1 Ye f eV+9\r 9tlI1N The ^] e IC i Pnhoc chho rolvi iiror! Tro r�nh rolvi iiromor�4c Shall nnm 19 nii4h Oho (3) The final surface shall be in accordance with Construction standards. (4) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (5) Permittee shall be required to submit a Letter of Variance if restoration is proposed to vary from the Construction standards. (b) Permitted Excavation in streets and alleys. (1) A permit shall be granted in accordance with this article for streets and alleys with a pavement condition index less than 80 mor greater than 6�years in age. The age is measured from the date of acceptance by the city. (2) Streets and alleys (> years or PCI < ). The width of restoration limits shall be the full lane, at minimum. The length of restoration shall extend a minimum of 10 feet beyond the outermost edge of excavation. ^ mfr im,,m asighalt GveFlay Gf 4 ...... c chill be req ii ed. The overlay thickness shall match the existing pavement section at a minimum. Trench requirements shall comply with the 444Construction standards, GOO StaR larrlc aR d 6PeGifin;;+inPc (3) The final surface shall be in accordance with Construction standards. (4) A permit holder shall perform lacking and boring operations in a manner that does not weaken or impair the right-of-way upon completion of restoration of the excavation. (5) Excavation in all streets in good condition regardless of age should not occur without prior approval of the director. Streets assigned a PCI of 70 or above by the pavement management system are deemed to be in good condition and are subject to the review procedures of excavation of new streets. (6) Restoration of the excavated area of streets in good condition shall be in accordance with this article. (7) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (c) Excavation in Portland Cement Concrete (PCC) pavement surface. If the existing pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than 6 inches of PCC shall be broken back beneath the saw cut. Any street excavation/cut shall repair the impacted trench and replace full panels, at minimum. Further criteria is set forth in the 444Construction standards. The guidelines for lacking and boring are set forth in the Construction standards. Sec. 49-47-2. Variances/exemptions. A permittee or ROW user may request a variance from any of the requirements of this article by filing a written request with the director stating the requirement and the basis for the variance. Incomplete variance requests may be refected. The applicant shall bear its own expenses of the application process. (1) Any request for a variance from any right-of-way restoration requirement shall be made in writing in advance of any contemplated work and shall be accompanied by digitally formatted detailed plans of the substituted reconstruction and/or repair of the excavated area, if applicable. (2) Any request for an exemption from any penalty or fee other than as provided in this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted. (3) Any request for an exemption from any permit or any other requirement of this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted (4) The Department shall grant or deny an application for a variance within 10 days of receipt of the application for variance. (5) Denial of the variance may be appealed in accordance with the appeal section of this article. Sec. 49-47-3. Exception for driveways, irrigation, sprinkler and residential purposes. (a) This article shall not be applicable to excavations which are not in pavement and are solely for the purpose listed below: ^f ^meq (1) Installing a sprinkler system for one or more single or two-family residential units. (2) Construction, reconstructic , alteration, removal, repair 449W or replacement )f driveway approaches, sidewalks or curb and gutter on local, residential streets ab4#�4g for a single or two-family residential dwelling unit . (b) This article shall apply to construction of driveway approaches and curb and clutter et + on collector or arterial streets -Alr^ r^+ e4p- l9ted f,-,,M FeGI OFeMeRtS r,f this if excavation of the street is required for installation or repair. (c) Denied permits may be appealed as set forth in this article. Sec. 49-48-1. Lawful use of right-of-way. (a) The use of the right-of-way in any manner which violates federal, state, or local laws, or city codes and regulations, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, is prohibited. All permittees shall provide satisfactory evidence of compliance with the foregoing upon request of the city. (b) Permittee shall dispose of all material removed from the right-of-way and any waste created by permittee in compliance with all state, federal and local laws and requirements. (c) If a permittee discovers any contaminated, regulated, or hazardous materials in the right- of-way, permittee shall be responsible for environmental assessment, excavation, testing, transportation, and disposal of any such contaminated or regulated material in accordance with applicable law, or the permittee may elect to abandon the contaminated area of the right-of-way and reroute around the contaminated area. The permittee shall promptly notify the city in writing of the condition. Sec. 49-48-2. Tree trimming and graffiti abatement. Permission is granted to a ROW user, subject to the requirements of Chapter 53 Vision and Passage Obstructions, which may be amended from time to time, to trim trees upon and overhanging the public right-of-way, so as to prevent the branches of such trees from coming in contact with a ROW user's facilities. When so directed by the city, the tree trimming shall be done under the supervision and direction of the city. The city shall report damage or vandalism to the ROW user's facilities as soon as practicable after city discovers or learns of such event.The ROW user shall make the necessary repairs or restoration, including cleaning of graffiti, within 48 hours after the ROW user discovers or learns of any misuse, destruction, damage, or vandalism to its facilities. Sec. 49-48-3. Conformance with City Master Plans. A ROW user shall consult the city's master plans for transportation and utilities prior to the acquisition of any interest in real property in the city for the installation or relocation of service lines or other equipment or facilities along or adjacent to any street, right-of-way, thoroughfare, highway, or any proposed street, right-of-way, highway or thoroughfare to attempt to minimize any future conflict regarding the location of such facilities. All ROW users are charged at all times with constructive notice of the master plans subsequent to the effective date of the ordinance from which this article derives. The city shall have no liability for the value of or loss by a ROW user of any improvements constructed in the area shown in the master plan subsequent to the effective date of the ordinance from which this article derives. Sec. 49-48-4. Rights in the event of abandonment. In the event the city closes, vacates, abandons or conveys any right-of-way containing facilities of the ROW user, any such closure, vacation, abandonment or conveyance of land shall be subject to the rights of the ROW user. Sec. 49-48-5. Supervision by city of location of poles and conduits. All poles in the rights-of-way shall be of sound material and straight, and shall not interfere with the flow of water in any gutter or drain, and shall be placed so as not to unduly interfere with either vehicular nor pedestrian travel. The location and route of all conduits, fiber, cables, and utilities, and facilities placed and constructed by a ROW user in the construction and maintenance of its system in the city shall be subject to the reasonable and proper control, direction and approval of the city. Any "non-standard" placement of poles, stubs, guys and anchors is subject to all provisions of this article. Any "standard" placement of poles, stubs, guys, and anchors is exempt from this article. "Standard" is defined by the provisions of the 444Construction standards. Sec. 49-48-6. Attachments to poles. (a) Nothing shall obligate or restrict a ROW user from exercising its rights to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies authorized to operate within the city. (b) A ROW user shall utilize existing poles, conduits, and other facilities whenever reasonably and/or economically possible. Prior to the utilization of any right-of-way for the placement of any of its facilities, the ROW user shall make available to the director any utility pole usage agreement with each utility within the city currently owning poles, conduits, and other facilities, whose poles, conduits and facilities are to be used. (c) Where anticipated construction activities will involve service pole re-enforcement or replacement, network providers shall notify the city right-of-way manager before submitting application materials. Replacement pole must comply with Texas Department of Transportation specifications and standards, Texas Manual on Uniform Traffic Control Devices requirements, and applicable federal or state standards. Prior to construction, network provider shall agree that all re-enforced or replaced service poles will be owned by the city. Where a traffic signal pole is reinforced or replaced, the traffic signal must remain operational throughout construction, and if necessary, network provider must provide a temporary signal trailer or other temporary pole during construction. Sec. 49-48-7. Temporary rearrangement of aerial wires. The ROW user shall rearrange its transmission media temporarily as necessary to permit the moving of houses or other bulky structures. The requesting parties shall pay the reasonable and necessary expense of such temporary rearrangements. The ROW user may require payment in advance. The ROW user shall be given not less than 5 days advance notice to arrange for such temporary rearrangements. The ROW user shall remove its transmission media in connection with the demolition of unsafe structures, including emergency or ordered demolitions at no cost to the city. The ROW user may invoice third parties for the cost of this work where applicable. Sec. 49-49-1. Backfill of excavated area. (a) Open trenches may be temporarily backfilled for the convenience of the permittee or the Public safety. At least 48 hours prior to beginning permanent backfill operations, the permittee shall notify the director of the time the backfill will begin. (b) All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times, where excess water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded. The new roadway base material shall be a minimum depth of 6 inches asphalt treated base or other approved roadway base material, as detailed in the 444Construction standards. Sec. 49-49-2. Restoration of pavement. Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley right-of-way or other public place shall be performed by the permittee or by the city, upon request by the permittee. Nothing in this section shall relieve the ROW user from the responsibility to maintain the excavation or installation in a safe condition until it is repaved by city or otherwise restored. In addition to all other applicable fees or charges, if the ROW user or permittee making the excavation requests repaving by the city, the ROW user shall pay for repaving at a rate to be established by the city. (1) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than 400 feet in advance of the pipe, conduit or ducts being placed in the trench, other than with the prior written consent of the director. (2) All excavations shall comply with the standards and requirements established from time to time by the director for compaction, backfill and pavement restoration. (3) Any excavated pavement, debris and other rubble shall be removed, together with any surplus material, within 1 working day from the time such material is placed upon the street. After backfilling is completed, and prior to repaving the cut, the ROW user shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director. (4) Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away, trench backfilled and pavement restored in accordance with the 444Construction standards. In no case shall any side or lateral tamping fill any void under a pavement. Sec. 49-49-3. Excavation specifications. All excavations shall be made in accordance with plans submitted with the permit application and in accordance with specifications set forth in the 444Construction standards. All plans shall be prepared in accordance with all city specifications and the 4D-MConstruction standards. All excavations shall be repaired in such a way so as not to become depressed, cracked, broken, or in any way fail during the remaining "life of the street." The remaining "life of the street" for this purpose shall be until the PCI index drops to below or until the subject area is repaved by the city or other entity. Additional specifications may be contained in the Construction standards. Sec. 49-50. Cleanup of right-of-way. In every case and at all times, the work of removing from the right-of-way all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the ROW user. Streets ish-Aii be gioarod roneReFat,,,o aiF „r -We-EH or The ROW user shall clean the surrounding area, as outlined above, within one day upon completion and approval of all trench work and pavement restoration unless the director, in the director's sole discretion, grants an extension of time. Sec. 49-51-1. Substandard repair of pavement or right-of-way. In case the pavement or the surface of the street, alley, or right-of-way in, over or near any excavation should become depressed, cracked, or broken any time or fails in any way at any time after the excavation has been made and during the remaining life of the street, the ROW user shall comply with any applicable obligations of this article, including, without limitation, reimbursement to city of the cost to restore the street or right-of-way. Sec. 49-51-2. Failure to complete work within specified time. In the event any work governed by this article is not completed by the ROW user within the time required or in accordance within the specifications required herein or by the director, the director may cause such work to be performed as is necessary to secure the work area to a safe and passable condition. The ROW user shall reimburse the city for the costs of securing the site. Sec. 49-52. Permanent pavement repairs. All permanent pavement repairs shall be made under 1 of the following methods: (1) Permanent pavement repairs by city. If the city is to make the permanent pavement repairs, the ROW user shall maintain the excavated area for a period of 2 weeks after acceptance by the director. After the two-week period, the city will be responsible for maintaining the excavated area until final restoration is made. Backfill failures shall remain the responsibility of the ROW user. The ROW user shall reimburse the city for all costs of any backfill failure before and/or after permanent pavement repair. (2) Permanent pavement repairs by ROW user. If the ROW user is authorized to make permanent pavement repairs, the ROW user will maintain the excavated area until permanent pavement restoration of the excavated area is complete. The ROW user shall make final repairs within 30 days on arterial and collector streets and within 30 days on residential, local and alley streets after the director makes final inspection. Backfill failures shall remain the responsibility of the ROW user. Sec. 49-53-1. Inspection. The permittee shall make the work-site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work. Sec. 49-53-2. Materials testing. The Department may require testing of materials used in construction in or near the right-of- way to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, aggregate base course, Portland concrete (rigid pavement), asphaltic concrete (flexible pavement) and other construction materials as deemed necessary by the Department. Sec. 49-54-1. Cease work. At any time, the director may order the immediate cessation of any work which poses a threat to the health, safety or well being of the public. The director may revoke the permit of any permittee in any instance where there is a threat to the health, safety or well being of the public. Sec. 49-54-2. Requirements. The director may issue a written notice to the permittee indicating work that does not conform to the terms of the permit, applicable standards, conditions, or codes, or other applicable regulation. Within 10 days after issuance of written notice, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit. If the repairs are not timely made, the director shall at once make or cause the repairs to be made at the expense of the permittee. Sec. 49-54-3. Reporting. When the work under any permit hereunder is completed, the permittee shall furnish the director a completion certificate. Sec. 49-54-4. Revocation of permit. The city reserves its right, as provided herein, to revoke any permits, without refund of the permit fee, in the event of a breach by the permittee of the terms and/or conditions of the permit or of this article or any city ordinance. A breach of the terms of the permit shall include, but not be limited to the following: (1) The violation of any provision of the permit; (2) An evasion or attempt to evade any provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of any fact in the permit application; (4) The failure to meet insurance, surety bond, or indemnification requirements; (5) The failure to complete the work in a timely manner; (6) The failure to correct a condition indicated on an order issued pursuant to this article; (7) Repeated traffic control violations; (8) Failure to repair facilities damaged in the right-of-way; or (9) Violation of any part of this article. If the director determines that the permittee has committed a breach of any law or condition of the right-of-way permit, the director shall make a written demand upon the permittee to remedy such violation. Continued violation may be cause for revocation of the permit, or legal action, or both.The director may revoke the permit, provide specifications to cure the breach, or both.Within 5 calendar days of receiving notification of the breach, permittee shall contact the director with a plan, acceptable to the director, for correction of the breach. Permittee's failure to do so or permittee's failure to timely implement the approved plan shall be cause for revocation of the permit. Sec. 49-54-5. Work done without a permit. No cut, excavation, grading or disturbing of the right-of-way in any way shall be made other than excavations necessary for emergency work without first securing a permit. No person or ROW user shall at any time open or encumber more of the right-of-way than shall be reasonably necessary to complete a project in the most expeditious manner. Sec. 49-54-6. Right-of-way restoration requirements. The work to be done pursuant to the permit and any repair and subsequent restoration of the right-of-way must be completed within the dates specified in the permit. In the event of circumstances beyond the control of the permittee or when work is prohibited by unseasonable or unreasonable conditions, the director may extend the dates on receipt of a substantiated supplementary application, including the nonrefundable application fee established pursuant to this article and indicating the number of additional days needed for final completion, for a permit extension. All earth, materials, sidewalks, paving, crossing, or improvements of any kind which are owned or possessed by city and damaged, disturbed, or removed by a ROW user shall be fully repaired promptly by the ROW user at its sole expense, to the reasonable satisfaction of the director. (1) After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was prior to the excavation. The restoration shall be made in accordance with specifications set forth in the 49WConstruction standards and the repair shall endure without failure for the remaining life of the street, as such period is described in this article. (2) In the event the ROW user fails to restore the right-of-way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the city may, at its option, serve written notice upon the ROW user that, unless within 5 days after serving of such notice a satisfactory arrangement can be made for the proper restoration of the right-of-way by the ROW user, the city may take over the work and prosecute same to completion, by contract or otherwise, at the expense of the ROW user, and the ROW user and its surety shall be liable to the city for any and all cost incurred by the city by reason of such prosecution and completion, including, without limitation, the applicable public inconvenience penalty. Nothing contained herein shall limit any other remedies available to the city. (3) If any excavation cannot be back-filled immediately, the ROW user shall securely and adequately cover the excavation and maintain proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel. (4) In all right-of-way restoration, the ROW user guarantees its work and shall maintain it for the remaining life of the street following completion of the restoration. During the period following completion, the ROW user shall, in the event of any failure of the restoration, upon notification from the director, reimburse the city for pavement restoration costs. Additionally, the ROW user, in the event of such failure, shall, within 48 hours of notice from the city, repair the subject trench envelope. (5) All repairs, for streets or right-of-way of any PCI, are guaranteed by the excavator making the repair, and the excavator causing the repair to be made, for the "life of the street."The "life of the street" for these purposes is defined to be until such time as that certain street or right-of-way is repaved by the city or another, in the same location as the excavation, or until such time as the PCI index of such street or right-of-way drops to below 80 7-0. (6) The "life of the street" guarantee period shall be applicable to failure of the pavement surface as well as failure of the trench envelope. Notwithstanding remediation of the pavement structure by city, the ROW user retains repair responsibility at all times during the guaranty period for the trench envelope. (7) Excavations in streets and/or right-of-way on arterials and collectors with PCI values of 80 or higher and less than 2 years of age shall be deemed 100 percent loss of pavement life. These excavations require i) Block to block and curb to curb pavement reconstruction, ii) Use of a hot mix asphalt repaving process, or iii) Such other method of repair as the director approves, for all cuts. Specifications are available in the 4)MConstruction standards. (8) A right-of-way user whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director, pay to the city, on its order, the amount of the certified bill as reimbursement for such work. Sec. 49-54-7. Excavations not in accordance with permit declared unlawful. (1) It shall be unlawful for any person to make, cause or allow to be made, any excavation, or to install, cause or allow to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any street, alley, sidewalk, right-of-way or other public place, at any location, other than that described in the application for the permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account. (2) Failure to comply with requirements set forth in the article or on any permit shall be cause for revocation of the subject permit and of any other permits held by the same permittee until the violations have been corrected or the director has approved alternative requirements. Sec. 49-54-8. Removal and reconstruction where work defective. All construction work in the streets, right-of-way, sidewalks and public places of the city is declared to be subject to the exclusive control of the city, and whenever, in the opinion of the director, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or materials or because not true to the lines or grades or specifications therefor given to him by the director, then upon written demand or notice from the director, such ROW user or contractor shall promptly remedy, complete or remove and reconstruct such incomplete or defective work all as the director may require, and these provisions shall also apply to all repair and maintenance work. If the contractor or ROW user shall fail or refuse to do so within a reasonable time to be specified by the director, then, if the director shall so order, such work shall be completed or corrected or removed and wholly or partially reconstructed by the city, in such manner as in the opinion of the director may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the direction of the director. Sec. 49-55-1. Location and relocation of facilities. Subject to applicable federal, state, and local law, the ROW user shall, upon the request of the city, locate and/or relocate its facilities situated within any right-of-way, at no expense to the city, where reasonable and necessary to accommodate street construction, widening, or public improvement projects of the city. When relocation is necessitated by federal government requirements, and includes reimbursements, the city will reimburse applicant for its proportionate share from funds provided the city in such reimbursements. Sec. 49-55-2. Pre-excavation facilities location. The ROW user shall contact the One Call Center(811), so long as that center is in existence and utilized by the city, or such other center at the time utilized by city, at least 48 hours prior to excavation. The ROW user shall protect and support all utility facilities during construction. The ROW user shall also contact the City of Corpus Christi per regulations provided in the I-B 4Construction standards. Sec. 49-55-3. Relocation of facilities for city. In the event the city finds it necessary to move a ROW user's equipment to protect it, city shall notify the local representative of the ROW user. ROW user shall promptly move or facilitate the relocation of the subject facilities at ROW user's expense. Relocation must comply with Chapter 49, Article VIII. - Management of Rights-of-Way. Sec. 49-55-4. Right-of-way vacation and reservation of right. In the event of vacation of a right-of-way requiring the relocation of facilities, the ROW user being relocated shall pay the costs of the relocation where the ROW user does not own an easement or other real property interest. Sec. 49-55-5. Abandoned facilities. A ROW user owning abandoned facilities in the right-of-way shall: (1) Remove its facilities and repair, at its expense, any damage caused by the removal. The director may allow some or all facilities to remain if the director determines same is in the best interest of the public to do so; or (2) Provide information satisfactory to the city that the ROW user's obligations for its facilities in the right-of-way have been lawfully assumed by another authorized ROW user. (3) Abandonment must comply with Chapter 49, Article VIII. - Management of Rights-of- Way. Sec. 49-55-6. Routing and spatial assignment. The city reserves the right, in the permit or otherwise, to restrict or determine the route (pathway) and/or spatial location, whether horizontal, vertical or depth, of any facility and/or structure or improvement in the right-of-way. DIVISION 3. COSTS, FEES AND ENFORCEMENT Sec. 49-57-1. Fees. (a) Right-of-way(ROM userregistration fee. There is a fee of$45.00 per right-of- way user per year for processing registration information, which fee will be collected upon req istration. (b) Permit application fee. There is a permit application fee of $95.00 for each right-of-way application. Permits shall be issued or denied within 30 business days of complete application submittal. The fee is paid by an applicant upon application. The fee includes 1 inspection. Permit applications to modify and/or repair a driveway approach, sidewalk, and/or curb and gutter do not include an application fee. (c) Emergency permit application fee. There is a permit application fee of $145.00 for emergency or expedited permits. The fee is paid by an applicant upon application. The fee includes 1 inspection. (d) Planned right-of-way(ROW) fee. Excavations in city right-of-way are subject to the ROW operator fee, permit application fee, and daily fee planned right-of-way fee per day per project permit. The planned right-of-way fee shall be subject to a tier rate that is based on the number of days estimated by the applicant in the application. In the event the excavation takes longer than the days estimated, the applicable tier rate shall be applied to the total number of days required to complete the project. The fee is paid by an applicant prior to permit issuance. (1) Tier 1: $60.00 per day, anticipated number of days to complete work zero to 60 days. (2) Tier 2: $90.00 per day: anticipated number of days to complete work 61 to 120 days. (3) Tier 3: $120.00 per day; anticipated number of days to complete work 121 to 180 days. (4) Tier 4: $150.00 per day; anticipated number of days to complete work greater than 180 days. (e) Barricade fees. Closure of city streets to install or repair sidewalks or driveway approaches, perform work above ground, or closure of right-of-way abutting buildings and aGtm ,,+„+h-t deps; re GI 61 mFe a StFeet eXGaVatmGR, + r hero shall be assessed on a per square foot of closure per day $0.0629. The fee is paid by an applicant prior to permit issuance. (f) Parking meter removal or bagging fee. There is a one-time fee for each parking meter removed or temporarily bagged of$28.50. The fee is paid by an applicant prior to permit issuance. (g) Re-inspection fee. A re-inspection fee of$75.00 per hour shall be assessed if repairs to the ROW do not pass initial inspection. Overtime inspection fees are incurred at a rate of$100.00 per hour after business hours, on weekends, and holidays. The fee is paid by an applicant prior to inspection. (h) Non-compliance fee. A fee of$1,500.00 per day shall be assessed to the violator for any work performed without a permit, for any permit that has not been extended before its expiration date, and for any permit wherein work has not been completed by the expiration date provided for in the permit. The fee shall be paid within timeframe provided on notice from the city. (i) Traffic plan review fee. Review of construction plans as part of a private development shall be assessed and paid by an applicant upon application based on the following tier system: (1) Level 1: $204.00 for developments less than 1 acre. (2) Level 2: $256.00 for developments between 1 and 5 acres. (3) Level 3: $459.00 for developments greater than 5 acres. (j) Traffic study fee. Review of traffic studies for private developments including traffic impact analyses, urban transportation plan amendments, and access management shall be assessed and paid by an applicant upon application based on the following tier s sy tem: (1) Level 1: $400.00 for developments less than 1 acre. (2) Level 2: $700.00 for developments between 1 and 5 acres. (3) Level 3: $900.00 for developments greater than 5 acres. Sec. 49-57-2. Penalty for violation of this article. Each violation of this article shall be punishable by a payment of the Non-Compliance Fee. Each day during which a violation continues shall be deemed a separate violation of this article. Any fees that are collected pursuant to this section shall be paid prior to permit issuance or continuation of work after notice of violation. Sec. 49-57-3. Clean up costs. The ROW user shall maintain the area on and around the excavation and related work in a clean, safe and orderly fashion at all times during conduct of the excavation and shall clean the same area upon completion of work. DIVISION 4. INDEMNIFICATION, INSURANCE, BONDING, AND LIABILITY Sec. 49-58-1. Liability of right-of-way user. The right-of-way user shall be liable to the city for any damage or loss occasioned by any act or omission occurring in connection with the excavation or construction, and subject to state law, the ROW user shall FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city, its officers or employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. City shall promptly notify a permittee, or ROW user, at the address set forth in the permit, or last known address, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee or ROW user in connection with an excavation. Sec. 49-58-2. Insurance. (a) Right-of-way users shall furnish an original completed certificate of insurance or the city's standard certificate of insurance form to the city's public works department, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number. The city shall have no duty to pay or perform under this article until such certificate shall have been delivered to the city's public works Department, and no officer or employee, other than the city's risk manager, shall have authority to waive this requirement. (b) The city reserves the right to review the insurance requirements of this section to modify insurance coverage and their limits when deemed necessary and prudent by the city's risk manager based upon changes in statutory law, court decisions, or circumstances surrounding this article, but in no instance will the city allow modification whereupon the city may incur increased risk. (c) Subject to the right-of-way user's right to maintain reasonable deductibles in such amounts as are approved by the city, right-of-way users shall obtain and maintain in full force and effect for the duration of the permit, and any extension thereof, and/or duration of time it maintains facilities in the public right-of-way, at the right-of-way user's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and acceptable to the city. (d) For joint applications and permits, the coverage required in this section may be provided by a policy jointly covering all of the applicants or by separate proofs of coverage for each applicant or permittee. (e) The city shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the city, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy revisions are established by law or regulation binding upon either of the parties hereto or the underwriter of an such policies). Upon such request by the city, the rights-of-way user shall exercise reasonable effort to accomplish such changes in policy coverage, and shall pay the cost thereof. (f) Right-of-way users shall ensure that all insurance contracts and certificate(s) of insurance contain the following required provisions: (1) Name the city and its officers, employees, volunteers, agents, and elected representatives as additional insureds with respect to the operations and activities of, or on behalf of,the named insured performed in the right-of-way under provision of this article, with the exception of the professional liability, workers'compensation and liability policy; and (2) Right-of-way user's insurance shall be deemed primary with respect to any insurance or self-insurance carried by the city: and (3) Provide for an endorsement that the"other insurance" clause shall not apply to the city where the city is an additional insured shown on the policy; and (4) Workers' compensation and employers' liability will provide for a waiver of subrogation in favor of the city. (g) Right-of-way user shall notify the city in the event of any notice of cancellation, non- renewal or material change in coverage and shall give such notices not less than 30 days prior to the change or 10 days notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement certificate of insurance. (h) Nothing herein contained shall be construed as limiting in any way the extent to which the right-of-way user may be held responsible for payments of damages to persons or property resulting from the right-of-way user's or its subcontractors' performance of the work performed in the public right-of-way. (i) The city owned utilities and facilities shall not be required to provide the insurance specified herein. (j) With respect to the right-of-way user's obligation to comply with the requirements for Commercial General (public) Liability Insurance coverage to include pollution coverage, the city may allow the right-of-way user to self-insure upon annual production of evidence that is satisfactory to the city's risk manager. With respect to the right-of-way user's obligation to comply with the requirements for automobile liability insurance and for workers'compensation insurance, a right-of-way user may self-insure, provided the right- of-way user tenders satisfactory evidence of self-insurance as contemplated by the State motor vehicle financial responsibility law, Tex. Transp. Code & 601.124, and the Texas Workers' Compensation Act, Tex. Labor Code & 407.001 et seg.h) DIVISION 5. CERTIFICATED TELECOMMUNICATION PROVIDERS Sec. 49-59-1. Certificated telecommunications providers authority required/non-exclusive use. A CTP must provide evidence that the CTP has acquired authorization from the Texas Public Utility Commission pursuant to state law, prior to obtaining a permit to use public rights-of-way. The CTP's right to use and occupy the public rights-of-way shall not be exclusive and CTP recognizes the city's right to exercise its police powers and manage its public rights-of-way, based on the Act and all other State or Federal laws. Sec. 49-59-2. Additional authority required. The CTP and any of its affiliates are not authorized to provide cable television service as a cable operator or to operate an open video system in the city but must first obtain a separate franchise agreement from the city for that purpose, under such terms and conditions as may be required by law. This section does not preclude the CTP from providing its services to cable television companies. Unless a cable television operator shows proof of appropriate city authorization, nothing herein shall authorize the CTP to license, sublicense, lease, sublease or by any instrument authorize any cable television operator the right to use or utilize the transmission media or facilities of the CTP. Sec. 49-59-3. Transfer and notice. A CTP shall notify the director and the city's supervisor of public utilities of any sale, transfer, merger or assignment of the ownership or control of a CTP's business within at least thirty (30) days of such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-of-contact information with the director and the city's supervisor of public utilities at all times during which the CTP uses the right-of-way. Sec. 49-59-4. Exemption from fees. Certificated telecommunications providers are exempted from the following fees provided for in this article: (1) Permit application fee, including expedited application fee, and permit expiration fee. (2) Additional excavation permit fee. (3) Inspection fee. Sec. 49-59-5. CTP indemnity. A CTP shall indemnify the city as specified by 283.057 of the Texas Local Government Code, as may be amended. A CTP shall be exempt from all indemnity requirements of this article that are inconsistent with & 283.057." SECTION 4. City Code of Ordinances, Chapter 53 Traffic, Article VI Standing and Parking, Division 4 Parking Meters is revised to repeal Section 53-195 as it conflicts with Chapter 49 Article III of the City Code. mp-t-A-Rq- -2.n.d- rendering of Gurb spaGe unusable) and establishing Gharges during of buildings-. rer\tr.;;' hi,sir\ess diGtFi Gt Oho fgllg\A/,Ng r\rgred ire and charges shall appl yi parking Innes ;nrJ In;d-iRg Z.nnes and ninety five dollars ($95.00) fnr 616e of trroffir laReG, smde-A;;'ks; ;;Pd alleys levied agaiRGt the GG1RtF;-;GtG1F. R-161Gh GhaFge will bea ---sead- te parking Meters nreparatinn of a trbffir handling plan and cenre4eriel'tin•\e fnr rlrnressing of billings r-Inll�rs enrJ tWent\i_fiVe rents ($2.25) per day) fnr nrr61paRG\i of Metered pa*-i g tWer\ty five rer\ts ($2.25) per day) fgr grr,,r\rir\r\i Gf nemmernial leadir\g Zer\es eg,,inn•\ent nr herrierc in the roadway to the fere of r,,rh nr eadge of paVemen4 (in the rose of n,,rhless streets) Cor temperar\i restrirtinns end reservation of narking at meter sprues \nihinh ere tG he heeded Re mere then\ five (5) metered sprues \nig,,Ir! he nFkiRg laRe" r,,rl-\side parking meas,,rerJ from the fere of n,,rh to a nnint eight (Q) feet into the street from the Lf;;rQ of the r„rh ($2.25) a day) reSeentniely. (`hargeS mini lid ho haSer- eN the wodth of right of Way iS blenLerJ S11nh aS +e ere�ie N+ aN�i�iehinle anneSS +he neN+ranfnr mini 11 r- be aSSeSI^er- fnr II rink f way of alleyway. "Sidewalk" � 'N N all he ,art#e��„-„�,t-ear-t�x ��e�,�as-esed�t#is sest+e,Tsl-ice and nrlinneR+eGP�y�iRe r� all nr n nr+ of whish is IN+nNrinr! fnr the i ice of r- neeS+ria NS �P T 1 14) of the pavedd ;.Axod-th of aRy nerr-a Nne w ere�ii N f N !11 1 of 111r-1Ng ner-e Deg11eS+S fnr �6�cw'rt�-1 t�l{�T-ccrSl6rrS-0rSe6tf6rr��vr.�-vrt�}e rc�zrcacTcr GGG61paRGY A-f tht-9c+rota+ in ovnocc of the ono_+hirr! (1/) Width maximum limit Shall he vcrc c cTlTcnccvc�rrcrn. cnurrpc day shall be GhaFged as a f6ill day. a Nr- Six r-ellarS aNr- Serie Rty fide nnN+S ($6.7-5) fel: eanh ad-d-itinNal meter manager anr- pair- in f1 ill befnpe the Permit 06 0661 ied- Gr amenr-ed baser- 1 Inns the Sl �i lnh nffinerS er eMPIGeeS of the pity r-eSlg Nater) by the pity MaNager MGPA lei ' payments may he pair- by the nnntpantnp if the nnnstpl lntinn npnient i6 planner- fel: r-11ro+inn he\/nor- one (1) month \.Nhen the Fight_nf_way snare nrvrnieper- 11nr-ep the �nihinh +he fees haVe peen pair-- the nit y Will pefl ler- a nnptinn of the fees pair- to Gever a The pity Will refs lRd +e the aeelina N+ eN a daily basic fnr the N11rNber of days the a Nr- that.there are Ne ether eaymeaptS r-11e the pity. h-. W C9 Pt_Qfl_-P9_Js sh a lie w,;;g-]L-Q I-Atil theeon 1 1 p i ed spaGe is tetally GleaFed 1p fl-111 rmmplianne vVith the neer-hien' Set in the nepmi+ n n , (ntv-)-^vt thiS rvest+en if the 60-79 .nrJ IGG+AtOnn of+he d lMp64or in rol�4inn 4n��oarby rr-rr vriti-arra-rvcacrvrrvrcrn. vc ci�rrrcr��crvrrcv Tcc r-,ugp 'II+IPIN If the planeMeN4 of a d imps4er a4 a spec-,ifin Woll nrea4e ;94 rll lmncter in the Fight_nf_wa-) 1 • 1 Fight and left edges, SE) as- IR at least twe (2) tFaffiG GGReG (tWeRty eight (29) !RGhes height) With twe (2 dr-l--FeilBetide Sheet�g -Shall be Placed_ in frnn4 of o�rh onrJ of the �rrrrv�Tc-vrcavrrcnuvrcrn. tester`e,hilcn ttti +e nree+ �vrm -vrr vccrc cz. measurement of the rlllmncter (^rT)The PFE)PeFty GWRer A—F st�Ate.MeAtfrA-M n°,ner C-qf t#e ridjGiNINrr preper4"that neNceN4c 4e the planeMeN4 of 4ho rJI'mps4er OR fre N4 of 4h9 GWReF1 nremisec the weight of a f6ill d jMpGter ;n,ill eVneed the nrirr"INlr nripa Git" of the dFiveway i4 is il .;;Pd- why mnrb n4in�l fere\/er crn,e hr,rm loco the nit" frem aRy nlaimc relatiRg to the planeMeNt of 4ho d6lMp6teF in tttictroot ri�ghit_nf_wny6cinn a form ennrn"ed by he ni�Tttnrn—� �-rr vcrc c c�-1 �v vrl ca crr�. ccrn the nit" as ap iNCI Irerl OR ap ;-;rNel INt the rliren4er of safety and ricL as Feq�edby sest+eN 17 1 F of the QG-d-e of. (1rl•I.RaRnec (77) The-�Prr}e�PeFt�ReF G—F er ist-agFee te y the ^ests-or��e�p��iri place McRt Gfthe dI Imp6ter1 1nGII 1d1nn bI It REA ImTMitea CG1damage CG t�"fl.. street 1 (Qj9) The PFGPeFtyy--i WRer A—F rcract6rpays the-Feg6imrred fees harved- A—Athe fnllnWinn crhel•!I Ile• a Appli^;+ir-N foo ref f Fty dollars /Qnn nn\ whi^h iN^li-deas the first co'AeR (7) days paFk at a SpeGifi^ eaS. The appli^at�; fee I I'Stbea paid with the peFmmt paFkiRg space is G^^i pied by a d imps+or ever the firs+ SuBVeR /7\ days PaFkiRg foos Mist be paid in ad-VaR^o i th.at may have fa Itap the street, sidewalk, gHtter, nlaGe Me N+ Gf d iMPGtors iN the right of w aye a. he eed limit�n t�ic+roo+;nihoro +ho d-l impster will be nlaGed �� �m-rr rr vcrc c c�vrTcn. crn�-aTrrpvc ci�mrpc-Praccc. bAge hi,PdFed +hiFt y (23Q) foo+ of the IN+orso^+Ip-N +ho dli impster }er-aRy GpeGi•'Ircil FHleS-apply to the IGGartmGR, GHc raS whether: Thiergs-oRe way tFaffiG, c ;.Vi+hin nr noir hnnl ZE)Re /fir L. II .-!.1fVlTf'fl'ITGrTTGTTCT.�GTTGOTLGTT , GT Ftp ^meted nnt#a ^ir^lo of ^i ^i ir�io nr in A TT rho rlicc+riN^o frAm +ho Nos riros+ m+oro^+rg mN f. \F/�h t_Qd-+rvtar�vcQ f-rrATr. the eaTcrvt driveway. gtl- . tlhethert�vill lim�Tt-a^cce�v� t8-a-driveway nn the nr,r,nSmte Sid-A of A c+roo+ n. %.Aihethear the l^^"tieR has_; and gdtteFS-Orr-^GpeR dFaiRageditGh hofnro they nn in+n effeGt , ' the MaRa � i n MaRHal GR n eArr�4 me�efnre si inh peFmit is Feyeked rr r m rvr�vavrr�cnrrrc-i v--i cavrcca. (e) At least feFty eight (49) heHFs adwapre Petirta shall he pFevided te the depaFtmel# deGi Rated by the pity rvmriRageF befbro issi iaRGe Gf Pormi4 Sec. 53-195. Reserved." SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5. 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. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for penalty; providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division I Generally is revised to amend the City department responsible for supervising work done within the public right of way. "Sec. 49-20. Permission to make improvements. It shall be unlawful for any person to pave or improve or in any manner to change or disturb the surface or grade of any street, avenue or alley in the city, or attempt to do so, unless done under the direction and supervision of the director of cnrrinoorinrr -a Rd phySiGal deVelnr,mon4 uj l works or unless done with the consent and permission of the city council, which consent or permission shall be in writing and signed by the mayor." SECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division II Sidewalks, Curbs and Gutters is revised to amend the City department responsible for supervising work done within the public right of way and remove the permit fee language that conflicts with language in Chapter 49, Article III Cuts and Excavations. "DIVISION 2. — DRIVEWAYS, SIDEWALKS, CURBS AND GUTTERS Sec. 49-30. Permit. All persons within the city desiring to build, construct or repair driveway approaches, sidewalks, and curbs and putters in the city shall first secure from the director of ,rd- phySi` al deVeI.,r,rnont public works a permit to do such work, and the contractor doing such work or in charge of the same shall secure such permit from the director, including: (a) New construction driveways — Permit is required and is subsidiary to building permit. This applies to new single-family or two-family dwelling units/multifamily/commercial/industrial. New construction driveways for single-family or two-family residential units are subject to random inspections. (b) Repairs/modifications to existing driveway approaches — Permit is required. (c) New sidewalk/curb and putter— Permit is required. (d) Repairs/modifications to existing sidewalk/curb and putter - Permit is required. All work shall be performed in accordance with the City's Construction standards. A permit shall not be issued for any tract or property where a final plat is required to obtain a building permit. This section shall not apply to public improvements required for new subdivisions where a final plat has not been recorded. Tho girerteF shall Gh,Yno fr,Y ,rd- ro,.oive fr„YY, the r0e.p+r,,.+Y1Y rear-,e+yea a�-Fea�ast the ci im of ergo dellaY ($1 QQ) f9-Y Oho 'cci i;rano Gf the PLQPM i4 rn.. as crr�vv�crrra�c-vrcrn�cri�-rr� Restrictions on driveway areas are designed to avoid the domination of front yards by large expanses of impervious surfaces which deaden the streetscape and discourage pedestrian activity. Reducing the width of driveways can reduce total site imperviousness. For residential uses abutting local, residential streets, the driveway aprons shall not comprise more than 50% percent of the lot frontage (per roadway). Residential uses abutting collector or arterial streets shall be limited to no more than three driveways if the lot frontage exceeds 200 feet. " SECTION 3. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article III Cuts and Excavations is hereby repealed and replaced in its entirety to amend the requirements and procedures for working in the public right of way. "DIVISION 1. GENERAL PROVISIONS Sec. 49-39-1. Administration. The Director of Public Works is the principal city official responsible for the administration of the right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law. The director may delegate any or all of the duties hereunder. (a) The Right of Way Manager, who shall be an Executive Manager overseeing the Right- of-Way Division in the Department of Public Works, shall have the same duties, responsibilities and authority as specified for the director stated herein except in granting variances and appeals. Nothing in this article authorizes the city to charge any fee in conflict with state law, franchise agreements authorized by the city council, article VII of chapter 49 of this Code, or Ordinance No. 026217, as amended. Sec. 49-39-2. Definitions. As used in this article, the following terms shall have the meanings ascribed in this article, unless the context of their usage clearly indicates another meaning. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular include the plural. The word "shall" is mandatory and not merely permissive. Abandoned facilities means facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities that are in use or that still carry service. Applicant means an owner or authorized agent of an owner, who submits or receives a permit under these provisions of the City Code. The term includes: (a) any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and any contractor or subcontractor of the applicant, for purposes of compliance with the City of Corpus Christi Infrastructure Design Manual and the traffic control, construction, and maintenance requirements of this article. Backfill means the placement of new dirt, fill or other material to refill an excavation; or the return of excavated dirt, fill or other material to an excavation. Certificated telecommunications provider or CTP means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public utility Commission or "PUC' to offer local exchange telephone service as defined by Local Government Code Ch. 283 or "the Act." Closure means a complete or partial closing of a sidewalk, parking space, or one or more lanes of traffic of a publicly maintained street for any period of time. Construction means any of the following activities performed by any person within a public right-of-wa v. (a) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent. Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way. (c) Performance, restoration, or repair of pavement cuts or excavations. Reconstruction of any of the work described in this article. (e) Network nodes and related infrastructure, as defined in Chapter 284 of the Texas Local Government Code. Other similar construction work. Construction standards means the City of Corpus Christi Infrastructure Design Manual (IDM), any manual, or standard specifications and details published by the City that contains engineering, technical, and other special criteria and standards established by the director for construction, as defined in this article, in the public right-of-way as they may be amended from time to time by the Department of Engineering Services and Department of Public Works and approved by the city engineer. Contractor means any public or private person or organization, other than the city. Day means business day unless otherwise specified. Department means the department of public works or a successor department that is responsible for management of the right-of-way and roadway infrastructure. Director means the director of the city department of public works or designated representative responsible for the administration of right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. Emergency operations means operations and repairs necessary to prevent damage or inlury to the health or safety of the public or any person due to an unforeseeable event or occurrence that endangers health, life, or property, or a situation in which public need for uninterrupted utility service requires immediate corrective action to restore or prevent the loss of services. Written notice to the director is required within 24 hours to ensure compliance with this article of the Code. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations. Excavation means an activity that removes or otherwise disturbs pavement, driveways, curbs, sidewalks, soil, fill, or other material, in the right-of-way, including but not limited to the methods of open trenching, boring, tunneling, lacking, or backfilling. Excavation does not include routine homeowner maintenance and landscaping activity immediately adjacent to the homeowner's property line unless the activity removes or disturbs the paved portion of the right- of-way. Facility means the plant, equipment, buildings, structures, and property, including but not limited to lines, poles, mains, pipes, conduits, ducts, cables, micro network nodes, network nodes, node support poles, vaults, wire, and other appurtenances of a public service provider located under, on, or above the surface of the ground within the right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services whether owned, operated, leased, licensed, controlled, or supplied for, by, or in connection with the business of the public service provider. IDM means the City of Corpus Christi Infrastructure Design Manual. Inspection means the inspection of construction by any person approved by the director to determine compliance with this article. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes equipment associated with wireless communications, a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration, and coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include an electric generator, a pole, or a macro tower. Network provider means a wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node. New street means the paved portion of the right-of-way that has been constructed, reconstructed or resurfaced with an asphalt overlay, hot in place recycling, full-depth reclamation, reconstruction or other structural street maintenance treatment. "New street' includes all concrete paved streets, streets constructed or structurally resurfaced during the preceding six years or any street with a pavement condition index greater than 80, as defined herein. Owner means a person, company, partnership, agency or other public or private entity, who is the owner or will, following the completion of the installation, become the owner of any facility that is installed or is proposed to be installed or maintained in the public way. Pavement condition index (PCI) means a measure of the condition of the right-of-way on a scale of 1-100. The PCI for a specific street segment can be requested through the department. Permit means a permit issued under this article authorizing construction in the right-of-way. Permittee means any person or right-of-way user to whom a permit is issued to construct within a right-of-way. Person means any person, company, partnership, agency or other public or private entity, excepting city departments. Pole means a municipally owned service pole used to support traffic control functions, signage, lighting, operations or decoration; a municipally owned utility pole; node support pole; or a utility pole. Public service provider means any energy delivery or transport company, wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, storm water utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Chapter 284 of the Texas Local Government Code, as amended. Repair means the temporary or permanent construction work necessary to make the right- of-way useable. Repair area means that area around an excavation where the pavement and subgrade is impacted by an excavation. Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition, or better, than existed before the commencement of the work. Resurfacing means any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs. Right-of-way or public right-of-way or public way means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, trail, drainage way, channel, bridge, tunnel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the city. The public right-of-way includes the entire area between the boundary lines of every right-of-way. Right-of-way (ROW) user means a person that identifies as the Contractor on the permit application, its successors and assigns, that uses the right-of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners, utilities, contractors and public service providers. Routine service operation means a work activity that makes no material change to the facilities and does not disrupt traffic. Spoils or Excavated Material means construction waste, construction supplies, or excavated dirt, fill or other similar material that is stored or placed upon the surface of a public right-of-way. Street means the pavement, and sub-grade of a city alley, residential4GG, collector or arterial roadway. Supplementary application means an application made to excavate, construct within or obstruct more of the right-of-way than allowed in, or to extend a permit that has already been issued. TMUTCD shall mean Texas Manual on Uniform Traffic Control Devices, latest edition. Traffic-control device means a traffic sign, signal, or marking that is placed and maintained in accordance with state law and this Code. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Transportation improvement means the portion of work within the finished paved surface of a public way undertaken by or pursuant to contract for the state or a political subdivision of the state for the purpose of improving or maintaining public way transportation and related storm drainage and street lighting infrastructure, but does not include any activity, such as connection to other facilities, that cuts, penetrates, or bores under a public way other than the one being improved or maintained pursuant to the contract or that cuts, penetrates or bores under the public way after installation of new paving. UDC shall mean Unified Development Code. Utility shall mean any privately or publicly owned entity which uses public rights-of-way to furnish to the public any general public service, including, without limitation, wastewater, gas, electricity, water, mobile services, telecommunications services, information services, cable services, video services, wireless services, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Poles are regulated herein only as specifically set forth in this Article. White lining means marking the excavation site with white washable marking paint or flags prior to requesting a utility locate in order to further identify the site. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Sec. 49-39-3. Field utility coordination. (a) The ROW user shall notify the department at each of the following times during a project: (1) 72 hours before the start of construction; (2) Upon completion of the initial backfill; and (3) Upon completion of the project. (b) The ROW user shall mark the site of the proposed excavation with white lining and/or flags prior to making a request for locates and actual excavation. White lining is not required for excavations of more than 60 feet long unless the excavation is located in pavers, cobblestone, pavements, sidewalks, or other public flatwork. (c) The ROW user shall make a request for a utility locate not more than 14 days and not less than 72 hours prior to the commencement of the proposed excavation. Such request shall be made to the state One-Call Center and the City of Corpus Christi. A request made using the One-Call Center(811) shall be made by telephone or facsimile and shall include the date, location, extent and reason for such proposed excavation. A request to City shall be in accordance with procedures established by the Director. (d) The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. The use of "non-washable" markers is prohibited. (e) The ROW user shall mark the proposed excavation site with paint and/or flags in colors established by the One-Call System. The markings shall be placed a distance of not less than 5 feet in all directions from the outside boundary of the site to be excavated. (f) All excavations shall commence within 14 days of the date of the utility locate. In the event that the excavator fails to commence work within 14 days or the utility locate marks are not visible at the time the excavation is scheduled to commence, the ROW user is required to request a new utility locate. (g) Compliance with the Texas Utilities Code is required at all times. (h) All barricades, plates, cones, traffic directional equipment, and all other traffic control devices owned by the ROW user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or ROW user, as applicable, at all times such equipment is used on or near the right-of-way. An exception to the marking requirement may be made in the event the traffic control equipment is not owned by the permittee or ROW user. Failure to mark equipment shall be a violation of this article. (i) It shall be unlawful to place a steel plate at an excavation without a permit. The director may authorize as a condition of a permit the use of a steel plate as a temporary surface for an excavation. Any such permit shall specify the length of time the steel plate is allowed to remain in the public way. It shall be unlawful for any permittee or former permittee to maintain or cause to be maintained a steel plate in the public way after the time specified in the permit for the excavation at which the steel plate is located. Failure to use a steel plate so marked shall be a violation of this article. (j) A network provider conducting routine maintenance on network nodes, including micro network nodes, or network support poles that do not require excavation or closing of sidewalks or vehicular lanes in the right-of-way as provided for in Local Government Code 284.157, shall provide the Department notice not more than 14 days and not less than 48 hours prior to commencement of the planned routine maintenance. Sec. 49-39-4. Maps and records of registrants. Each ROW user must maintain accurate maps and records of its facilities. The information shall be made available to the Department within 5 days of request by the Department. The maps and records shall depict horizontal and vertical locations of all facilities in and near the right-of- way. The information shall be provided in electronic format compatible with city software or shall be subject to a conversion fee. Maps and records shall indicate horizontal location and a description of the facility for the area involved in the permit application and 2 block radius. The Department may have facilities located if the ROW user does not provide the requested information. In such event the ROW user shall reimburse the cost to the city to locate the facilities. Sec. 49-39-5. Notice. Notice for purposes of this article shall be made to city via electronic message (e-mail), overnight courier (generally used carrier with tracing available), or hand delivery with signed receipt, facsimile to the Department, or United States mail return receipt required. Sec. 49-39-6. Registration. All right-of-way users must register with the Public Works Department yearly. Registration, evidence of insurance, and performance/assurance bond and sureties, if applicable, shall be successfully performed on a one-time basis, and must be approved and on file with the city prior to commencement of any work. A certification shall be provided to each applicant that successfully completes the registration process. Annual registration updates shall be performed on the anniversary of the initial registration certification. No ROW user shall be authorized to utilize the right-of-way in any capacity or manner without registering and obtaining the necessary right-of- way permit from the director in accordance with the following requirements: (a) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities, person, or contractor working in the Public right-of-way. (b) The names, telephone numbers, mailing address, e-mail address, of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person. (c) If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission shall be provided. (d) The ordinance number of any franchise or license issued by the city that authorizes the public service provider or person to use the public right-of-way. (e) The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the Right-of-Way User. At least one of the users must be within the city and shall be available at all times to act on behalf of the ROW user in the event of an emergency. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge. (f) Proof of existing insurance that complies with the requirements in this Article. (g) Employee safety certification information. Sec. 49-39-7. Employee safety certification. The ROW user operating facilities or constructing facilities in any public right-of-way is responsible for the safe movement of pedestrian and vehicular traffic through the construction area. The ROW user shall obtain certification through a city approved training organization for a sufficient number of employees working within the right-of-way such that a certified employee is present at the mob site during construction activities. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. Alternative training programs may be submitted to the Director for city certification. Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, as evidenced by certification, shall place and maintain the traffic control devices in the construction area. Employee certificates shall be maintained current by ROW user at all times. An employee shall produce, upon request of an inspector or certified police officer, proof of a valid training certificate. Sec. 49-39-8. Reporting obligations. All ROW users shall provide on demand, proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any governmental entity, including, but not limited to, the city, State or Federal Government, including a description of the ROW user's intended use of the right-of-way, information sufficient to determine whether the ROW user is submect to franchising or licensing by the city, and information to determine whether the ROW user has applied for and received any certificate of authority required by the PUC. The information provided shall be sufficient to determine that the ROW user has applied for and received any permit or other approvals required by the FCC. ROW users shall provide all such other information as may be reasonably required by the city to complete the registration statement. Sec. 49-39-9. Damage to and in Public Right-of-Way. (a) A person commits an offense for the following: (1) Construction, excavation, cut, opening, or any activity in, or along any public street, alley, sidewalk, driveway, public easement or any portion of the right-of-way without a valid permit, license, or agreement. (2) Failure to comply with restrictions or requirements of a permit, license, or agreement issued by the City of Corpus Christi. (3) Damaging a public street, alley, sidewalk, driveway, or any portion of the right-of- way beyond what is incidental or necessary to the permitted activity. (4) Damaging the public or private facilities in, on, or along any public street, alley, sidewalk, driveway, or any portion of the right-of-way. (b) It is a defense to prosecution under subsection (a)(4) if the person complied with all of the requirements with a permit, license or agreement, City and State law and caused damage because the facilities in question: (1) Were not shown or indicated in a construction plan, plan of record, record construction drawings, or field survey, or utility locate; and (2) Could not otherwise be discovered in public street, alley, sidewalk, driveway, or any portion of the right-of-way. (c) A person who violates the provision of this article is subject to a Non-Compliance Fee for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. (d) The Director has the authority to enforce violations under this section. Sec. 49-40-1. Permit required. It is unlawful for any person, its agents, servants or employees to excavate or cut in or under any street, alley, sidewalk, or driveway within the right-of-way for any purpose without first having made application and obtained a permit as required in this article. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the Director a permit in compliance with this article. (a) Before issuing a permit, the Director shall have been provided a written application, on a form furnished by the Director, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications. (b) At the time the permit is issued, the applicant shall pay a nonrefundable application fee in an amount as provided for in this article. (c) The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article. (d) No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any right-of-way to relocate the facilities at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way. (e) Combinations of permits shall be permitted at the discretion of the director. Fees shall be assessed based on the excavations permitted. (f) Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-wav, excluding billboards, are subject to this article. Sec. 49-40-2. Excavation permit application. Application for a permit shall be addressed to the Director and made on a form furnished for that purpose, stating the name, mailing address, email, and 24 hour emergency telephone number of the applicant and owner of the facility; extent, dimensions, character and purpose of the cut or excavation to be made; the location, by street and number, if possible, where the work is to be done; evidence of insurance as required in this Article; and the time in which it is to be completed. The application form shall be accompanied by the nonrefundable application fee, maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction; proposed start and completion dates. (a) Joint applications. Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The city will recognize only 1 point of contact. (b) Supplementary applications. A permit shall only be valid for the area of the right-of-way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area greater than that which is specified in the permit must be excavated must: (1) Make application for a permit extension and pay any additional fees required thereby; and (2) Receive a new right-of-way permit or permit extension. Permits will be issued or denied within 30 working days of application. Unless granted for a longer period, an excavation permit shall be valid for 60 days and for the dates specified in the permit. The applicant may request the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The city may approve or deny the application for such extended permit period. No permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the city prior to the permit end date. An expedited permit may be requested and shall be issued within 10 working days of application upon a showing of good cause. Sec. 49-40-3. Issuance of permit. Every person making application for a permit in accordance with the provisions of this article and having complied with such provisions shall be entitled thereto, and, upon filing such application with the director, it shall be his duty to issue the permit, when the provisions of this article shall have been complied with. (a) Upon receiving a written application for an excavation permit and a plan prepared in accordance with city specifications, the director's designee shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. (b) No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed. (c) Each permit shall state a time period for completion of all the work to be done thereunder. The director may grant extensions of time. (d) No person in violation of any requirement of this article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity. (e) No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire,the ROW user shall procure a new permit, paying the applicable fee therefor as before, before proceeding with any such work. Sec. 49-40-4. Excavation to be under supervision of the director. (a) Any ROW user engaged in making or backfilling any excavation in any right-of-way shall at all times while such work is in progress keep at the mob location the permit, or a copy thereof, and shall, on demand, exhibit the permit to the director or designee, or any police officer. (b) At all times while the work is in progress the ROW user shall also maintain at the iob location, traffic control devices installed in accordance with an approved traffic control plan, signs bearing the contractor's name, the name of the utility that is having facilities installed, maintained, repaired, replaced, and/or removed under, on, or above the ROW, contact information for both the contractor and utility, and a brief description of the permitted work. Employees and contractors of the ROW user engaged in carrying out the permitted work shall also have on their person a conspicuous identifier of the utility for whom permitted work is being performed. (c) The ROW user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, or other property at, near or encountered during the course of work. The ROW user shall determine the boundary of the right-of-way. (d) All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of rights-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the city under the policy and regulatory powers of the city necessary to provide for public convenience. The ROW user shall reasonably protect from damage, utility facilities, sewer facilities, water facilities, lawns, shrubbery, trees, fences, structures, or other property encountered in his work. The ROW user shall not trespass upon private property. The ROW users shall determine the boundary between Public right-of-way and private property. (e) All transmission and distribution structures, lines, equipment and facilities erected by a ROW user within the city shall be so located as to cause minimum interference with the proper use of the public rights-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who moin any of the said streets. (f) The city reserves the right to lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes and channels and streets and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the city, in, across, along, over or under any right-of-way or public place occupied by a ROW user and to change any curb or sidewalk or the grade of any street and to maintain all of the city's facilities. In allowing such work to be performed by others, the city shall not be liable to a ROW user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a ROW user by such third party. (g) If the city requires a ROW user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the city, to use, or to use with greater convenience, any right-of-way or public place, the ROW user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a ROW user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a ROW user's facilities; provided, however, that the city shall never be liable for such reimbursement. Sec. 49-40-5. Additional excavation permit. Subsequent to issuance of a permit, if it is necessary to excavate a larger area than originally estimated, the permittee shall at once pay to city the amount necessary to obtain the additional permit necessary. Sec. 49-40-6. Appeal. A right-of-way user that has been denied registration, has been denied a permit, has had a permit revoked, or believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows: (1) Appellant shall provide, within 5 days of denial, a written notice of appeal filed with the right-of-way manager of the Department. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision within 5 days of receipt of the appeal. Failure to render a decision within 5 business days shall constitute a denial. (2) If a further denial is given, the appellant may thereafter file a written notice of appeal with the director within 5 days. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The director shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. (3) If a further denial is given, the appellant may thereafter file a written notice of appeal with the Assistant City Manager for the department within 5 business days of receipt of the director's written decision. The Assistant City Manager shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. (4) If a further denial is given, the appellant may thereafter file a written notice of appeal with the City Council within 5 business days of receipt of the Assistant City Manager's written decision. The appeal will be held at the City Council meeting within 20 business days of receipt of the written appeal. Sec. 49-40-7. Denial of permit. A permit may be denied or suspended for any of the following reasons: (1) Failure to provide proof of liability insurance acceptable to the city. (2) Failure to secure a contractor's license or other required license. (3) Failure to perform in accordance with the requirements of the Construction standards or in accordance with these provisions. (4) The excavation would be in a new street and not otherwise permitted by this article. (5) The proposed warning or other traffic control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the director. (6) The proposed activity would violate a city ordinance or State or Federal statute. (7) The permit application contains false or misleading information. (8) The activity would cause a public health or safety hazard. (9) The ROW user is not authorized within the city. (10) The ROW user is in violation of this article relative to work in progress. DIVISION 2. TECHNICAL SPECIFICATIONS Sec. 49-41. Energy, electric, gas, water, and sewer standards. Technical standards for energy, electric, gas, water, sewer and storm sewer are defined in the Construction standards. Sec. 49-42. Compliance with safety regulations. The permittee and ROW user shall comply with all applicable federal, state and local safety regulations and requirements, including, by example and not limitation, the occupational safety and health standards for the construction industry. Sec. 49-43. Commencement and completion. After obtaining the permit and prior to commencing the work, the permittee shall notify the director, and shall commence and complete all work within the time specified in the permit unless an extension of time is granted by the director. Sec. 49-44. Safe conduct of work. Every permittee and ROW user shall prosecute its work diligently and in a good, safe, and workmanlike manner, and shall safeguard and protect the public using the street or right-of-way where the work is being performed from accidents or damage by placing barriers, lights and other sufficient safeguards around all cuts, openings, and excavations. All material, implements and tools stored upon the premises and used in connection with the excavation shall be stored in a safe and non-hazardous manner. All work must be performed only within the hours and days as set forth in the Construction standards and in accordance with the requirements of the permit. Work in residential areas may only occur during daylight hours. Certain commercial areas and hospital districts are subject to noise controls and other limitations. Details are available in the Construction standards and from the Department. Sec. 49-45. Emergency excavations. Nothing in this article shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, or right-of-way by virtue of any law, ordinance or permit, from making such excavation as may be necessary for compliance with law or for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within 24 hours. Except as specifically provided otherwise in this article, excavations authorized by this section shall be subject to all fees and requirements of this article. Sec. 49-46-1. Traffic control safety. In the event of non-compliance with the TMUTCD, the ROW user shall be notified in writing of the violation. In the event of continued non-compliance, the director may revoke the permit, in addition to any other remedies available to the city. Sec. 49-46-2. Responsibility for signs, barricades and warning devices. The ROW user working in any right-of-way is responsible for the safe movement of traffic, both pedestrian and vehicular, through the construction area. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. (1) Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, may place and maintain the traffic control devices in a construction area. (2) The ROW user must either subcontract the barricading to a firm specializing in traffic control or submit the qualifications and name(s) of employees to the director for approval prior to the work commencing. They must also submit a traffic control plan for review. All signs and barricades must conform to the requirements of the TMUTCD. (3) All barricades, plates, and other traffic control equipment must conform to TMUTCD specifications and must be inspected and approved by the director if not provided by a traffic control firm. (4) All barricades, plates, and other traffic control equipment must display accurate and sufficient information including the name of the ROW user. (5) Non-compliance with the TMUTCD shall be cited in writing. In the event of non- compliance after citation, the director may place the necessary devices as required, and the ROW user shall pay all related charges. The ROW user shall reimburse the city for all such expenses as well as a non-compliance fee. Failure to comply with this provision may result in denial of application for future permits. (6) All traffic control devices must be removed immediately upon completion of work. Prior to commencement of any excavation, or any work relative to a permit, the ROW user shall install at the work site an informational sign in conformance with the requirements of the Construction standards. Sec. 49-46-3. Duty to barricade. At all times during construction activity, the contractor and/or ROW user, as applicable, shall place and maintain all necessary and proper barriers and other safeguards, including watchmen certified in accordance with the safety training described in this article, if necessary, upon and around the work for the prevention of accidents, and after daylight hours, shall place, maintain and keep suitable sufficient lights, in accordance with the TMUTCD. Sec. 49-46-4. Duties of persons making excavations or creating obstructions. Any person who shall cause to be made any excavation or obstruction in any street or right- of-way may not suffer the same to remain there beyond a time reasonably sufficient for the completion of the work and/or removal of the obstruction, and shall repair the subject portion of such street, or right-of-way so as to restore the same to its condition previous to the making of such cut or obstruction. It shall be the duty of such excavators to protect the area while such condition exists and promptly to repair the same so as to leave the street or right-of-way in as good condition as before the excavation. Sec. 49-47-1. Excavation in new or streets in good condition. The permittee shall complete pavement restoration of the excavated area within 30 days on arterial and collector streets and within 30 days on residential and alley streets after final backfill is completed and accepted by the director. The permittee shall conduct the work with a minimum disturbance to existing utilities and shall coordinate all work in or near the existing utilities with the utility owners. (a) Excavation in new asphalt pavement streets and alleys. There shall be no excavation in new streets, as defined in this article, without a variance from the director. Any request for a permit to excavate a new street shall include a description of the proposed work and proposed restoration of the area, per requirements by the Director or defined in the Construction standards, as well as a statement as to why alternate procedures cannot or should not be used in lieu of excavating a new street. (1) The minimum width of restoration for excavations granted in new streets shall extend from the full width of impacted lane(s) up to curb to curb on any street. (2) Any street (0-6 Years and PCI>_ 80). For excavations granted in new streets, the length of restoration shall extend a minimum of 25 feet beyond the edge of the excavation. The age is measured from the date of acceptance by the City. The overlay thickness shall match the existing pavement section at a minimum. (3) The final surface shall be in accordance with Construction standards. (4) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (5) Permittee shall be required to submit a Letter of Variance if restoration is proposed to vary from the Construction standards. (b) Permitted Excavation in streets and alleys. (1) A permit shall be granted in accordance with this article for streets and alleys with a pavement condition index less than 80 or greater than 6 years in age. The age is measured from the date of acceptance by the city. (2) Streets and alleys (> 6 years or PCI < 80). The width of restoration limits shall be the full lane, at minimum. The length of restoration shall extend a minimum of 10 feet beyond the outermost edge of excavation. The overlay thickness shall match the existing pavement section at a minimum. Trench requirements shall comply with the Construction standards. (3) The final surface shall be in accordance with Construction standards. (4) A permit holder shall perform jacking and boring operations in a manner that does not weaken or impair the right-of-way upon completion of restoration of the excavation. (5) Excavation in all streets in good condition regardless of age should not occur without prior approval of the director. Streets assigned a PCI of 70 or above by the pavement management system are deemed to be in good condition and are subject to the review procedures of excavation of new streets. (6) Restoration of the excavated area of streets in good condition shall be in accordance with this article. (7) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (c) Excavation in Portland Cement Concrete (PCC) pavement surface. If the existing pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than 6 inches of PCC shall be broken back beneath the saw cut. Any street excavation/cut shall repair the impacted trench and replace full panels, at minimum. Further criteria is set forth in the Construction standards. The guidelines for lacking and boring are set forth in the Construction standards. Sec. 49-47-2. Variances/exemptions. A permittee or ROW user may request a variance from any of the requirements of this article by filing a written request with the director stating the requirement and the basis for the variance. Incomplete variance requests may be refected. The applicant shall bear its own expenses of the application process. (1) Any request for a variance from any right-of-way restoration requirement shall be made in writing in advance of any contemplated work and shall be accompanied by digitally formatted detailed plans of the substituted reconstruction and/or repair of the excavated area, if applicable. (2) Any request for an exemption from any penalty or fee other than as provided in this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted. (3) Any request for an exemption from any permit or any other requirement of this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted (4) The Department shall grant or deny an application for a variance within 10 days of receipt of the application for variance. (5) Denial of the variance may be appealed in accordance with the appeal section of this article. Sec. 49-47-3. Exception for driveways, irrigation, sprinkler and residential purposes. (a) This article shall not be applicable to excavations which are not in the pavement and are solely for the purpose listed below: (1) Installing a sprinkler system for one or more single or two-family residential units. (2) Construction, reconstruction, alteration, removal, repair or replacement of driveway approaches, sidewalks or curb and gutter on local, residential streets for a single or two-family residential dwelling unit. (b) This article shall apply to construction of driveway approaches and curb and putter on collector or arterial streets if excavation of the street is required for installation or repair. (c) Denied permits may be appealed as set forth in this article. Sec. 49-48-1. Lawful use of right-of-way. (a) The use of the right-of-way in any manner which violates federal, state, or local laws, or city codes and regulations, includinq, without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, is prohibited. All permittees shall provide satisfactory evidence of compliance with the foregoing upon request of the city. (b) Permittee shall dispose of all material removed from the right-of-way and any waste created by permittee in compliance with all state, federal and local laws and requirements. (c) If a permittee discovers any contaminated, regulated, or hazardous materials in the right- of-way, permittee shall be responsible for environmental assessment, excavation, testing, transportation, and disposal of any such contaminated or regulated material in accordance with applicable law, or the permittee may elect to abandon the contaminated area of the right-of-way and reroute around the contaminated area. The permittee shall promptly notify the city in writing of the condition. Sec. 49-48-2. Tree trimming and graffiti abatement. Permission is granted to a ROW user, subject to the requirements of Chapter 53 Vision and Passage Obstructions, which may be amended from time to time, to trim trees upon and overhanging the public right-of-way, so as to prevent the branches of such trees from coming in contact with a ROW user's facilities. When so directed by the city, the tree trimming shall be done under the supervision and direction of the city. The city shall report damage or vandalism to the ROW user's facilities as soon as practicable after city discovers or learns of such event. The ROW user shall make the necessary repairs or restoration, including cleaning of graffiti, within 48 hours after the ROW user discovers or learns of any misuse, destruction, damage, or vandalism to its facilities. Sec. 49-48-3. Conformance with City Master Plans. A ROW user shall consult the city's master plans for transportation and utilities prior to the acquisition of any interest in real property in the city for the installation or relocation of service lines or other equipment or facilities along or adjacent to any street, right-of-way, thoroughfare, highway, or any proposed street, right-of-way, highway or thoroughfare to attempt to minimize any future conflict regarding the location of such facilities. All ROW users are charged at all times with constructive notice of the master plans subsequent to the effective date of the ordinance from which this article derives. The city shall have no liability for the value of or loss by a ROW user of any improvements constructed in the area shown in the master plan subsequent to the effective date of the ordinance from which this article derives. Sec. 49-48-4. Rights in the event of abandonment. In the event the city closes, vacates, abandons or conveys any right-of-way containing facilities of the ROW user, any such closure, vacation, abandonment or conveyance of land shall be subject to the rights of the ROW user. Sec. 49-48-5. Supervision by city of location of poles and conduits. All poles in the rights-of-way shall be of sound material and straight, and shall not interfere with the flow of water in any gutter or drain, and shall be placed so as not to unduly interfere with either vehicular nor pedestrian travel. The location and route of all conduits, fiber, cables, and utilities, and facilities placed and constructed by a ROW user in the construction and maintenance of its system in the city shall be subject to the reasonable and proper control, direction and approval of the city. Any "non-standard" placement of poles, stubs, guys and anchors is subject to all provisions of this article. Any "standard" placement of poles, stubs, guys, and anchors is exempt from this article. "Standard" is defined by the provisions of the Construction standards. Sec. 49-48-6. Attachments to poles. (a) Nothing shall obligate or restrict a ROW user from exercising its rights to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies authorized to operate within the city. (b) A ROW user shall utilize existing poles, conduits, and other facilities whenever reasonably and/or economically possible. Prior to the utilization of any right-of-way for the placement of any of its facilities, the ROW user shall make available to the director any utility pole usage agreement with each utility within the city currently owning poles, conduits, and other facilities, whose poles, conduits and facilities are to be used. (c) Where anticipated construction activities will involve service pole re-enforcement or replacement, network providers shall notify the city right-of-way manager before submitting application materials. Replacement pole must comply with Texas Department of Transportation specifications and standards, Texas Manual on Uniform Traffic Control Devices requirements, and applicable federal or state standards. Prior to construction, network provider shall agree that all re-enforced or replaced service poles will be owned by the city. Where a traffic signal pole is reinforced or replaced, the traffic signal must remain operational throughout construction, and if necessary, network provider must provide a temporary signal trailer or other temporary pole during construction. Sec. 49-48-7. Temporary rearrangement of aerial wires. The ROW user shall rearrange its transmission media temporarily as necessary to permit the moving of houses or other bulky structures. The requesting parties shall pay the reasonable and necessary expense of such temporary rearrangements. The ROW user may require payment in advance. The ROW user shall be given not less than 5 days advance notice to arrange for such temporary rearrangements. The ROW user shall remove its transmission media in connection with the demolition of unsafe structures, including emergency or ordered demolitions at no cost to the city. The ROW user may invoice third parties for the cost of this work where applicable. Sec. 49-49-1. Backfill of excavated area. (a) Open trenches may be temporarily backfilled for the convenience of the permittee or the Public safety. At least 48 hours prior to beginning permanent backfill operations, the permittee shall notify the director of the time the backfill will begin. (b) All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times, where excess water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded. The new roadway base material shall be a minimum depth of 6 inches asphalt treated base or other approved roadway base material, as detailed in the Construction standards. Sec. 49-49-2. Restoration of pavement. Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley right-of-way or other public place shall be performed by the permittee or by the city, upon request by the permittee. Nothing in this section shall relieve the ROW user from the responsibility to maintain the excavation or installation in a safe condition until it is repaved by city or otherwise restored. In addition to all other applicable fees or charges, if the ROW user or permittee making the excavation requests repaving by the city, the ROW user shall pay for repaving at a rate to be established by the city. (1) No trench shall be opened in any street for the purpose of laving pipes, conduits or ducts more than 400 feet in advance of the pipe, conduit or ducts being placed in the trench, other than with the prior written consent of the director. (2) All excavations shall comply with the standards and requirements established from time to time by the director for compaction, backfill and pavement restoration. (3) Any excavated pavement, debris and other rubble shall be removed, together with any surplus material, within 1 working day from the time such material is placed upon the street. After backfilling is completed, and prior to repaving the cut, the ROW user shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director. (4) Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away, trench backfilled and pavement restored in accordance with the Construction standards. In no case shall any side or lateral tamping fill any void under a pavement. Sec. 49-49-3. Excavation specifications. All excavations shall be made in accordance with plans submitted with the permit application and in accordance with specifications set forth in the Construction standards. All plans shall be prepared in accordance with all city specifications and the Construction standards.All excavations shall be repaired in such a way so as not to become depressed, cracked, broken, or in any way fail during the remaining "life of the street." The remaining "life of the street" for this purpose shall be until the PCI index drops to below 80 or until the subject area is repaved by the city or other entity. Additional specifications may be contained in the Construction standards. Sec. 49-50. Cleanup of right-of-way. In every case and at all times, the work of removing from the right-of-way all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the ROW user. The ROW user shall clean the surrounding area, as outlined above, within one day upon completion and approval of all trench work and pavement restoration unless the director, in the director's sole discretion, grants an extension of time. Sec. 49-51-1. Substandard repair of pavement or right-of-way. In case the pavement or the surface of the street, alley, or right-of-way in, over or near any excavation should become depressed, cracked, or broken any time or fails in any way at any time after the excavation has been made and during the remaining life of the street, the ROW user shall comply with any applicable obligations of this article, including, without limitation, reimbursement to city of the cost to restore the street or right-of-way. Sec. 49-51-2. Failure to complete work within specified time. In the event any work governed by this article is not completed by the ROW user within the time required or in accordance within the specifications required herein or by the director, the director may cause such work to be performed as is necessary to secure the work area to a safe and passable condition. The ROW user shall reimburse the city for the costs of securing the site. Sec. 49-52. Permanent pavement repairs. All permanent pavement repairs shall be made under 1 of the following methods: (1) Permanent pavement repairs by city. If the city is to make the permanent pavement repairs, the ROW user shall maintain the excavated area for a period of 2 weeks after acceptance by the director. After the two-week period, the city will be responsible for maintaining the excavated area until final restoration is made. Backfill failures shall remain the responsibility of the ROW user. The ROW user shall reimburse the city for all costs of any backfill failure before and/or after permanent pavement repair. (2) Permanent pavement repairs by ROW user. If the ROW user is authorized to make permanent pavement repairs, the ROW user will maintain the excavated area until permanent pavement restoration of the excavated area is complete. The ROW user shall make final repairs within 30 days on arterial and collector streets and within 30 days on residential, local and alley streets after the director makes final inspection. Backfill failures shall remain the responsibility of the ROW user. Sec. 49-53-1. Inspection. The permittee shall make the work-site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work. Sec. 49-53-2. Materials testing. The Department may require testing of materials used in construction in or near the right-of- way to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, aggregate base course, Portland concrete (rigid pavement), asphaltic concrete (flexible pavement) and other construction materials as deemed necessary by the Department. Sec. 49-54-1. Cease work. At any time, the director may order the immediate cessation of any work which poses a threat to the health, safety or well being of the public. The director may revoke the permit of any permittee in any instance where there is a threat to the health, safety or well being of the public. Sec. 49-54-2. Requirements. The director may issue a written notice to the permittee indicating work that does not conform to the terms of the permit, applicable standards, conditions, or codes, or other applicable regulation. Within 10 days after issuance of written notice, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit. If the repairs are not timely made, the director shall at once make or cause the repairs to be made at the expense of the permittee. Sec. 49-54-3. Reporting. When the work under any permit hereunder is completed, the permittee shall furnish the director a completion certificate. Sec. 49-54-4. Revocation of permit. The city reserves its right, as provided herein, to revoke any permits, without refund of the permit fee, in the event of a breach by the permittee of the terms and/or conditions of the permit or of this article or any city ordinance. A breach of the terms of the permit shall include, but not be limited to the following: (1) The violation of any provision of the permit; (2) An evasion or attempt to evade any provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of any fact in the permit application; (4) The failure to meet insurance, surety bond, or indemnification requirements; (5) The failure to complete the work in a timely manner; (6) The failure to correct a condition indicated on an order issued pursuant to this article; (7) Repeated traffic control violations; (8) Failure to repair facilities damaged in the right-of-way; or (9) Violation of any part of this article. If the director determines that the permittee has committed a breach of any law or condition of the right-of-way permit, the director shall make a written demand upon the permittee to remedy such violation. Continued violation may be cause for revocation of the permit, or legal action, or both.The director may revoke the permit, provide specifications to cure the breach, or both.Within 5 calendar days of receiving notification of the breach, permittee shall contact the director with a plan, acceptable to the director, for correction of the breach. Permittee's failure to do so or permittee's failure to timely implement the approved plan shall be cause for revocation of the permit. Sec. 49-54-5. Work done without a permit. No cut, excavation, grading or disturbing of the right-of-way in any way shall be made other than excavations necessary for emergency work without first securing a permit. No person or ROW user shall at any time open or encumber more of the right-of-way than shall be reasonably necessary to complete a project in the most expeditious manner. Sec. 49-54-6. Right-of-way restoration requirements. The work to be done pursuant to the permit and any repair and subsequent restoration of the right-of-way must be completed within the dates specified in the permit. In the event of circumstances beyond the control of the permittee or when work is prohibited by unseasonable or unreasonable conditions, the director may extend the dates on receipt of a substantiated supplementary application, including the nonrefundable application fee established pursuant to this article and indicating the number of additional days needed for final completion, for a permit extension. All earth, materials, sidewalks, paving, crossing, or improvements of any kind which are owned or possessed by city and damaged, disturbed, or removed by a ROW user shall be fully repaired promptly by the ROW user at its sole expense, to the reasonable satisfaction of the director. (1) After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was prior to the excavation. The restoration shall be made in accordance with specifications set forth in the Construction standards and the repair shall endure without failure for the remaining life of the street, as such period is described in this article. (2) In the event the ROW user fails to restore the right-of-way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the city may, at its option, serve written notice upon the ROW user that, unless within 5 days after serving of such notice a satisfactory arrangement can be made for the proper restoration of the right-of-way by the ROW user, the city may take over the work and prosecute same to completion, by contract or otherwise, at the expense of the ROW user, and the ROW user and its surety shall be liable to the city for any and all cost incurred by the city by reason of such prosecution and completion, including, without limitation, the applicable public inconvenience penalty. Nothing contained herein shall limit any other remedies available to the city. (3) If any excavation cannot be back-filled immediately, the ROW user shall securely and adequately cover the excavation and maintain proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel. (4) In all right-of-way restoration, the ROW user guarantees its work and shall maintain it for the remaining life of the street following completion of the restoration. During the period following completion, the ROW user shall, in the event of any failure of the restoration, upon notification from the director, reimburse the city for pavement restoration costs. Additionally, the ROW user, in the event of such failure, shall, within 48 hours of notice from the city, repair the subject trench envelope. (5) All repairs, for streets or right-of-way of any PCI, are guaranteed by the excavator making the repair, and the excavator causing the repair to be made, for the "life of the street."The "life of the street" for these purposes is defined to be until such time as that certain street or right-of-way is repaved by the city or another, in the same location as the excavation, or until such time as the PCI index of such street or right-of-way drops to below 80. (6) The "life of the street" guarantee period shall be applicable to failure of the pavement surface as well as failure of the trench envelope. Notwithstanding remediation of the pavement structure by city, the ROW user retains repair responsibility at all times during the guaranty period for the trench envelope. (7) Excavations in streets and/or right-of-way on arterials and collectors with PCI values of 80 or higher and less than 2 years of age shall be deemed 100 percent loss of pavement life. These excavations require i) Block to block and curb to curb pavement reconstruction, ii) Use of a hot mix asphalt repaving process, or iii) Such other method of repair as the director approves, for all cuts. Specifications are available in the Construction standards. (8) A right-of-way user whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director, pay to the city, on its order, the amount of the certified bill as reimbursement for such work. Sec. 49-54-7. Excavations not in accordance with permit declared unlawful. (1) It shall be unlawful for any person to make, cause or allow to be made, any excavation, or to install, cause or allow to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any street, alley, sidewalk, right-of-way or other public place, at any location, other than that described in the application for the permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation begins make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account. (2) Failure to comply with requirements set forth in the article or on any permit shall be cause for revocation of the subject permit and of any other permits held by the same permittee until the violations have been corrected or the director has approved alternative requirements. Sec. 49-54-8. Removal and reconstruction where work defective. All construction work in the streets, right-of-way, sidewalks and public places of the city is declared to be subject to the exclusive control of the city, and whenever, in the opinion of the director, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or materials or because not true to the lines or grades or specifications therefor given to him by the director, then upon written demand or notice from the director, such ROW user or contractor shall promptly remedy, complete or remove and reconstruct such incomplete or defective work all as the director may require, and these provisions shall also apply to all repair and maintenance work. If the contractor or ROW user shall fail or refuse to do so within a reasonable time to be specified by the director, then, if the director shall so order, such work shall be completed or corrected or removed and wholly or partially reconstructed by the city, in such manner as in the opinion of the director may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the direction of the director. Sec. 49-55-1. Location and relocation of facilities. Subject to applicable federal, state, and local law, the ROW user shall, upon the request of the city, locate and/or relocate its facilities situated within any right-of-way, at no expense to the city, where reasonable and necessary to accommodate street construction, widening, or public improvement projects of the city. When relocation is necessitated by federal government requirements, and includes reimbursements, the city will reimburse applicant for its proportionate share from funds provided the city in such reimbursements. Sec. 49-55-2. Pre-excavation facilities location. The ROW user shall contact the One Call Center(811), so long as that center is in existence and utilized by the city, or such other center at the time utilized by city, at least 48 hours prior to excavation. The ROW user shall protect and support all utility facilities during construction. The ROW user shall also contact the City of Corpus Christi per regulations provided in the Construction standards. Sec. 49-55-3. Relocation of facilities for city. In the event the city finds it necessary to move a ROW user's equipment to protect it, city shall notify the local representative of the ROW user. ROW user shall promptly move or facilitate the relocation of the subject facilities at ROW user's expense. Relocation must comply with Chapter 49, Article VIII. - Management of Rights-of-Way. Sec. 49-55-4. Right-of-way vacation and reservation of right. In the event of vacation of a right-of-way requiring the relocation of facilities, the ROW user being relocated shall pay the costs of the relocation where the ROW user does not own an easement or other real property interest. Sec. 49-55-5. Abandoned facilities. A ROW user owning abandoned facilities in the right-of-way shall: (1) Remove its facilities and repair, at its expense, any damage caused by the removal. The director may allow some or all facilities to remain if the director determines same is in the best interest of the public to do so; or (2) Provide information satisfactory to the city that the ROW user's obligations for its facilities in the right-of-way have been lawfully assumed by another authorized ROW user. (3) Abandonment must comply with Chapter 49, Article VIII. - Management of Rights-of- Way. Sec. 49-55-6. Routing and spatial assignment. The city reserves the right, in the permit or otherwise, to restrict or determine the route (pathway) and/or spatial location, whether horizontal, vertical or depth, of any facility and/or structure or improvement in the right-of-way. DIVISION 3. COSTS, FEES AND ENFORCEMENT Sec. 49-57-1. Fees. (a) Right-of-way(ROW user registration fee. There is a fee of$45.00 per right-of-way user Per year for processing registration information, which fee will be collected upon registration. (b) Permit application fee. There is a permit application fee of$95.00 for each right-of-way application. Permits shall be issued or denied within 30 business days of complete application submittal. The fee is paid by an applicant upon application. The fee includes 1 inspection. Permit applications to modify and/or repair a driveway approach, sidewalk, and/or curb and putter do not include an application fee. (c) Emergency permit application fee. There is a permit application fee of $145.00 for emergency or expedited permits. The fee is paid by an applicant upon application. The fee includes 1 inspection. (d) Planned right-of-way(ROW) fee. Excavations in city right-of-way are subject to the ROW operator fee, permit application fee, and daily fee planned right-of-way fee per day per project permit. The planned right-of-way fee shall be subject to a tier rate that is based on the number of days estimated by the applicant in the application. In the event the excavation takes longer than the days estimated, the applicable tier rate shall be applied to the total number of days required to complete the project. The fee is paid by an applicant prior to permit issuance. (1) Tier 1: $60.00 per day, anticipated number of days to complete work zero to 60 days. (2) Tier 2: $90.00 per day: anticipated number of days to complete work 61 to 120 days. (3) Tier 3: $120.00 per day; anticipated number of days to complete work 121 to 180 days. (4) Tier 4: $150.00 per day: anticipated number of days to complete work greater than 180 days. (e) Barricade fees. Closure of city streets to install or repair sidewalks or driveway approaches, perform work above ground, or closure of right-of-way abutting buildings shall be assessed on a per square foot of closure per day$0.0629. The fee is paid by an applicant prior to permit issuance. (f) Parking meter removal or bagging fee. There is a one-time fee for each parking meter removed or temporarily bagged of$28.50. The fee is paid by an applicant prior to permit issuance. (g) Re-inspection fee. A re-inspection fee of$75.00 per hour shall be assessed if repairs to the ROW do not pass initial inspection. Overtime inspection fees are incurred at a rate of$100.00 per hour after business hours, on weekends, and holidays. The fee is paid by an applicant prior to inspection. (h) Non-compliance fee. A fee of$1,500.00 per day shall be assessed to the violator for any work performed without a permit, for any permit that has not been extended before its expiration date, and for any permit wherein work has not been completed by the expiration date provided for in the permit. The fee shall be paid within timeframe provided on notice from the city. (i) Traffic plan review fee. Review of construction plans as part of a private development shall be assessed and paid by an applicant upon application based on the following tier system: (1) Level 1: $204.00 for developments less than 1 acre. (2) Level 2: $256.00 for developments between 1 and 5 acres. (3) Level 3: $459.00 for developments greater than 5 acres. (j) Traffic study fee. Review of traffic studies for private developments including traffic impact analyses, urban transportation plan amendments, and access management shall be assessed and paid by an applicant upon application based on the following tier system: (1) Level 1: $400.00 for developments less than 1 acre. (2) Level 2: $700.00 for developments between 1 and 5 acres. (3) Level 3: $900.00 for developments greater than 5 acres. Sec. 49-57-2. Penalty for violation of this article. Each violation of this article shall be punishable by a payment of the Non-Compliance Fee. Each day during which a violation continues shall be deemed a separate violation of this article. Any fees that are collected pursuant to this section shall be paid prior to permit issuance or continuation of work after notice of violation. Sec. 49-57-3. Clean up costs. The ROW user shall maintain the area on and around the excavation and related work in a clean, safe and orderly fashion at all times during conduct of the excavation and shall clean the same area upon completion of work. DIVISION 4. INDEMNIFICATION, INSURANCE, BONDING, AND LIABILITY Sec. 49-58-1. Liability of right-of-way user. The right-of-way user shall be liable to the city for any damage or loss occasioned by any act or omission occurring in connection with the excavation or construction, and subject to state law, the ROW user shall FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city, its officers or employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. City shall promptly notify a permittee, or ROW user, at the address set forth in the permit, or last known address, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee or ROW user in connection with an excavation. Sec. 49-58-2. Insurance. (a) Right-of-way users shall furnish an original completed certificate of insurance or the city's standard certificate of insurance form to the city's public works department, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number. The city shall have no duty to pay or perform under this article until such certificate shall have been delivered to the city's public works Department, and no officer or employee, other than the city's risk manager, shall have authority to waive this requirement. (b) The city reserves the right to review the insurance requirements of this section to modify insurance coverage and their limits when deemed necessary and prudent by the city's risk manager based upon changes in statutory law, court decisions, or circumstances surrounding this article, but in no instance will the city allow modification whereupon the city may incur increased risk. (c) Subject to the right-of-way user's right to maintain reasonable deductibles in such amounts as are approved by the city, right-of-way users shall obtain and maintain in full force and effect for the duration of the permit, and any extension thereof, and/or duration of time it maintains facilities in the public right-of-way, at the right-of-way user's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and acceptable to the city. (d) For joint applications and permits, the coverage required in this section may be provided by a policy jointly covering all of the applicants or by separate proofs of coverage for each applicant or permittee. (e) The city shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the city, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy revisions are established by law or regulation binding upon either of the parties hereto or the underwriter of an such policies). Upon such request by the city, the rights-of-way user shall exercise reasonable effort to accomplish such changes in policy coverage, and shall pay the cost thereof. (f) Right-of-way users shall ensure that all insurance contracts and certificate(s) of insurance contain the following required provisions: (1) Name the city and its officers, employees, volunteers, agents, and elected representatives as additional insureds with respect to the operations and activities of, or on behalf of,the named insured performed in the right-of-way under provision of this article, with the exception of the professional liability, workers'compensation and liability policy: and (2) Right-of-way user's insurance shall be deemed primary with respect to any insurance or self-insurance carried by the city; and (3) Provide for an endorsement that the"other insurance" clause shall not apply to the city where the city is an additional insured shown on the policy: and (4) Workers' compensation and employers' liability will provide for a waiver of subrogation in favor of the city. (g) Right-of-way user shall notify the city in the event of any notice of cancellation, non- renewal or material change in coverage and shall give such notices not less than 30 days prior to the change or 10 days notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement certificate of insurance. (h) Nothing herein contained shall be construed as limiting in any way the extent to which the right-of-way user may be held responsible for payments of damages to persons or Property resulting from the right-of-way user's or its subcontractors' performance of the work performed in the public right-of-way. (i) The city owned utilities and facilities shall not be required to provide the insurance specified herein. (j) With respect to the right-of-way user's obligation to comply with the requirements for Commercial General (public) Liability Insurance coverage to include pollution coverage, the city may allow the right-of-way user to self-insure upon annual production of evidence that is satisfactory to the city's risk manager. With respect to the right-of-way user's obligation to comply with the requirements for automobile liability insurance and for workers'compensation insurance, a right-of-way user may self-insure, provided the right- of-way user tenders satisfactory evidence of self-insurance as contemplated by the State motor vehicle financial responsibility law, Tex. Transp. Code & 601.124, and the Texas Workers' Compensation Act, Tex. Labor Code 407.001 et seg.h) DIVISION 5. CERTIFICATED TELECOMMUNICATION PROVIDERS Sec. 49-59-1. Certificated telecommunications providers authority required/non-exclusive use. A CTP must provide evidence that the CTP has acquired authorization from the Texas Public Utility Commission pursuant to state law, prior to obtaining a permit to use public rights-of-way. The CTP's right to use and occupy the public rights-of-way shall not be exclusive and CTP recognizes the city's right to exercise its police powers and manage its public rights-of-way, based on the Act and all other State or Federal laws. Sec. 49-59-2. Additional authority required. The CTP and any of its affiliates are not authorized to provide cable television service as a cable operator or to operate an open video system in the city but must first obtain a separate franchise agreement from the city for that purpose, under such terms and conditions as may be required by law. This section does not preclude the CTP from providing its services to cable television companies. Unless a cable television operator shows proof of appropriate city authorization, nothing herein shall authorize the CTP to license, sublicense, lease, sublease or by any instrument authorize any cable television operator the right to use or utilize the transmission media or facilities of the CTP. Sec. 49-59-3. Transfer and notice. A CTP shall notify the director and the city's supervisor of public utilities of any sale, transfer, merger or assignment of the ownership or control of a CTP's business within at least thirty (30) days of such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-of-contact information with the director and the city's supervisor of public utilities at all times during which the CTP uses the right-of-way. Sec. 49-59-4. Exemption from fees. Certificated telecommunications providers are exempted from the following fees provided for in this article: (1) Permit application fee, including expedited application fee, and permit expiration fee. (2) Additional excavation permit fee. (3) Inspection fee. Sec. 49-59-5. CTP indemnity. A CTP shall indemnify the city as specified by 283.057 of the Texas Local Government Code, as may be amended. A CTP shall be exempt from all indemnity requirements of this article that are inconsistent with 283.057." SECTION 4. City Code of Ordinances, Chapter 53 Traffic, Article VI Standing and Parking, Division 4 Parking Meters is revised to repeal Section 53-195 as it conflicts with Chapter 49 Article III of the City Code. GGGHpaRGY A-f tht-9 c+rota+ OR ovnocc of+ho nNo third_ (%) Width m-AviMI Im limit shall ho acre c cTrcnccvc��rcrn. ancrrrr�c day shall be Gharged as a fH!l day. and_ civ dlnllarc and_ seVenty_fide rents ($6.7-5) for e;;nh adldlitinnal motor maRager and_ eriid iN f1 ill before the eeFMot 0 6 06611ed_ er rirNe Nd_ed! based! 11eeN the , er s11nh nffiners nr emnlnees of the pity d_esinnated_ by the pity manager, mnn+hhY �i 9111FAtieN he'ieNd_ eNe (1) MGNth \A t_QR the right of way serine neVered_ 11Nd_er the �nihinh +he feet h;;Ve been paid_ the nit y Will refund a nnrtinn of the fees paid_ to Gever a The nit y Will refund to the annlin;nt nn a d_amly basis fpr the number of days the 11Nenn1leied_ d_riv6 was eriid! OR ;niheN the eeFMot Vn4 r16 i6611ed_ er rirNeNd_ed_ ri Nd_ that.there area Ne ether er ymea Nth d_11e the pity. h. NIG r 1nd_S Shell he me ithennnl pied spR6eistatallGreared 1�Irt nemellriNne vVith the ne Nd_1t1e N6 Get OR the eerrNi+ spaGe GR the premises fGr a dHmpsteF, the weight ef a f,-," di:lmpster will exr-tated n n � (n�v)-vfthis SveGtOGn if theisi-79 end! Innetinn of the d1d1 MPSter in role+inn to e��eerby rr-rr vriti-arra-rvcacrvrrvrcrn. vc ci�rrrcr��crvrrcv Tcc ne Nd_1t1eN If the elrineMeNt of a d_Hmpster at a 6eenifin nrerite riN d_1lmnster in the Fight_ef_wa-) 1 IR additk)R, at least twe (2) traffiG GGReS (tWeRty eight (29) ORGhes height) With twr( r-, A-f etlerutiVe Sheeting shall hurrbe placed_ in front of o�nh onrJ of Oho ,.1`�.�" �� I.,' �rrRv�Tc-vrcavrrcnuvrcrn. dHmpsvteF WholerthLQ , eel. measi irement of the d_,imnster (4) The PFE)PeFty ReF G_.F er�st septa st.;;teI:AePtfPA-.M. ^n,PeP A-f t#e ridjGiNIN,w preper4" that nerlser14s 4e the plaGeMeP4 of 4h9 d-'it pGter !R freN4 of 4h9 GWReF1 premises the weight of a f6ill d iMPGter evneed the nrirr"ORg nripa Git" of the y, i4 is driveway,i whmnrb ntin�l fere\,er srn,e h.Armless the nit" frerrm any nlaims relati Rg to the plaGerrmeRt of the d HMnPsteF in t�istreet righit_nf_way HSOnn a form ennrn"ed by the ni�Tttnrn�� �-rr vcrc c c�-1 �v cn cc crr�. ccrn the nit" as an �r-I r-1 nn�l incl irer-J in en'emni int the direntnr of safety and risL as Feq�edby sest!eR 17 154 of the Gel•!e of C_)Fd_iRaRGec (7) The GWReF G_.F GG_.PtF;_;GteF mHst-armee tepay t ^ests-er rpliaGeMeRt GfthedHmr,steF, iRG'i Id1N!. bHt RGt ImMited to, ''age to the street 1 h-,-,t Pet li.m..ited te, damage te the street paveMeRt, GHrbs and gHtteFS, sidewalks, (9) The PFGPeKt„y GWRer earw,T rcructer pay's theFequmed fees ased- arrthefqlI.•WIRg rl•!i ile• a 4nnlin;tion fee of fort" dollars ($40.00), Whinh innli irJes the first seen (7) days paFkiRg �tn rirlrlre The appliGa Tr�ee�TTR�Jt boa paid t� peFmit-a spesifin ss. tF6 � e� appliGatiGR. parking snare is nnni ivied by a d imnster n"er the first seen (7) days Perking fees mi ic4 he mill•! OR ad-V irine 1 placement of rJ..mPsters in the Fight_ef_way a. The eed to mit�r� tht-Q SG root n,here +he d-l-' mr,ster Woll be r,laGed ce� �rmr rr acrc c c�vrTcn. crn�ac ciaccc. t\A/e hl-,AdFed thirty (230) foo+ of the intersentinn \+he rJ..m r�sfor ' tl d. ire T}�er-a y SpeGia-l��e,.���,apply te Inna�Tr�`v rasrheth}er. I Fti er{ no_�n,a�,ti-Qtti� 3. It ..,ted er, n.ir"o er it t#e nirnlo of r,-.1 rle ';;;r, A Tho dmi;t;;nne from the nearestin+ersertinn E SlI. #. �T/�� t-Q dl.�star�� firt�►c�Tea st dFiv ,a" g. \tl/"�tl/'1� ett}erit�v'il1 limit a^cceSS te-az�ir-''rceway GR ^r,PGGmte Sidle of},.,��,c+root n. .Nheathear In,+�tfBTni-rhra ..rh�and gHtteFs GF epeR r-FaiRage ditGh hefere they rye iRtG effen+ ' e � . n MaRHal GR n r--A-Frearm�efere s..nh permit is reyeked rr r m rvr�vavrr�cnrrrc-i v--.cavrcca. (e) At least feFty eight (49) heHFs advapr-ta Aptir-ta shall he pFevided te the depaFtmeRt deGigRated by the nit" maRager hefere iss. aRGe of Permit Sec. 53-195. Reserved." SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5. 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. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary S Com` GO `moi O � r U 'NCORPOPPY E� 1,852 AGENDA MEMORANDUM First Reading at City Council Meeting of February 13, 2024 Second Reading at the City Council Meeting of February 20, 2024 DATE: February 13, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Assistant City Manager Heatherh3(a)cctexas.com 361-826-3506 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye(a)-cctexas.com (361) 826-3851 Ordinance amending the FY2024 CIP, adding a Scour Protection Project and appropriating funds from TIRZ #2 CAPTION: Ordinance amending the Capital Improvement Program to add the Whitecap and Gypsy Bridges Scour Protection Project; appropriating $1,500,000.00 from the unreserved fund balance in the TIRZ #2 Fund; and amending the FY 2024 Operating and Capital Budgets. SUMMARY: With the completion and dedication of the Don Patricio Bridge, concerns have been raised about fully opening the canal system and removing the earthen dams that are currently preventing flow and navigation. Fully connecting the canals will increase water exchange and enhance water quality. A consequence of increased flow is the potential for increased erosion. Analyses by two separate consultants confirm that the channel contractions at the Whitecap and Gypsy bridges will produce increased flow velocities once the canal system is fully interconnected. The expected flow velocities are sufficient that it warrants retrofitting scour protection countermeasures to the bridges. BACKGROUND AND PURPOSE: One of the benefits that was sought from the Don Patricio Bridge and the interconnection of the canal systems was greater water circulation which would improve the water quality and habitat. A potential downside of that is with increased water velocity, there is greater potential for scour. That is the phenomenon where the tractive forces of moving water displace soil particles in the sides and bottom of a channel. This is particularly problematic where the flow area is contracted at locations such as culverts and bridges. This can produce scour holes that threaten adjacent infrastructure. In August 2021, LJA Engineering in collaboration with Dr. Christopher Reed were commissioned by Diamond Beach Holdings to model the flows in the Whitecap NPI canals. In August of 2023, the City contracted LJA and Dr. Reed to prepare a supplemental report that would expand the study area to include key City assets and estimate peak velocities in the canal system based on some historical extreme events. PIPOA has separately contracted Anchor QEA to conduct a similar scope of work. One area of agreement between the two consultants was that increased flow velocities will occur at the Whitecap and Gypsy bridges. The Whitecap and Gypsy bridges were designed in the late 1960's. The City assumed responsibility for the bridges after annexation in 1981. The bridge designs do not incorporate any scour protection countermeasures. Additionally, the bulkheads protecting the bridge abutments are very shallow so that any scour that occurs would likely mine material from behind the bulkheads. That lost soil material could result in settlement, sinkholes and damage to the bridge abutments and approaches. In response to the scour concern, the City has engaged LJA on an existing MSA to provide a preliminary engineering report and cost estimate to retrofit scour protection and also address other existing maintenance deficiencies. LJA has advanced their work sufficiently to produce a budgetary cost estimate. This project and recommendation to amend the budget was approved by the TIRZ #2 board on January 23,2024. PROJECT TIMELINE: 2024 2024 2024 - 2025 February - June J FA S Oct - Feb Design Bid/Award Construction The projected schedule reflects City Council award in January, with anticipated construction completion by Feb 2025. ALTERNATIVES: Not amending FY2024 CIP Plan and appropriating the funds could delay implementing scour protection measures at the Gypsy and Whitecap bridges. FISCAL IMPACT: The fiscal impact in FY 2024 is in the amount of$1,500,000.00 from the TIRZ #2 Fund. The monies will be appropriated to the TIRZ #2 Fund and transferred to the TIRZ#2 Capital Fund. From: To: Amount: TIRZ #2 Fund TIRZ #2 Capital Fund $1,500,000 1111-17-60000 Acct 548500 Total: $1,500,000 FUNDING DETAIL: Fund: TIRZ #2 Capital Fund 3278 Organization: 89 - CIP Department: Infrastructure (17) Activity: 24032 - Whitecap and Gypsy Bridges Scour Protection Amount: $1,500,000.00 RECOMMENDATION: Staff recommend authorizing the request for additional funding in the amount of $1,500,000.00 from the TIRZ #2 Fund to support the Whitecap and Gypsy bridges scour protection project and amending the Adopted FY 2024 CIP Plan to include implementation of a Scour Protection Project for the Gypsy and Whitecap Bridges. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps CIP Page Presentation Ordinance amending the Capital Improvement Program to add the Whitecap and Gypsy Bridges Scour Protection Project; appropriating $1,500,000.00 from the unreserved fund balance in the TIRZ#2 Fund; and amending the FY 2024 Operating and Capital Budgets. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2023-2024 Operating Budget, adopted by Ordinance No. 033151 , is amended to appropriate $1 ,500,000.00 from the unreserved fund balance in the TIRZ#2 Fund (1111) and transferring to the TIRZ #2 Capital Improvement Fund (3278) and increase expenditures by $1 ,500,000.00. SECTION 2. The FY 2023-2024 Capital Budget, adopted by Ordinance No. 033152, is amended to increase revenue & expenditures by $1 ,500,000.00. SECTION 3. The Capital Improvement Program Plan is amended to add the Whitecap and Gypsy Bridges Scour Protection Project. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Capital Improvement Flan 2024 dire, 2026 City of Corpus Christi, Texas Project# 24032 Project Name Whitecap and Gypsy Bridges Scour Protection Type Reconditioning-Asset Department TIRZ#2 Useful Life 25 years Contact Director of Economic Development Category Site Improvements Priority Asset Condition\longevity Council District 4 Status Active Description The project will retrofit scour protection and also address other existing maintenance deficiencies at the Whitecap and Gypsy bridges caused by increased water flow velocities once the canal system is fully interconnected. Justification With the completion and dedication of the Don Patricio Bridge,concerns have been raised about fully opening the canal system and removing the earthen dams that are currently preventing flow and navigation.Analyses by two separate consultants confirm that the channel contractions at the Whitecap and Gypsy bridges will produce increased water flow velocities once the canal system is fully interconnected. The expected flow velocities are sufficient that it warrants retrofitting scour protection countermeasures to the bridges. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 1,200,000 1,200,000 Design 200,000 200,000 Eng,Admin Reimbursements 100,000 100,000 Total 1,500,000 1,500,000 Funding Sources Prior Years 2024 2025 2026 Total Tax Increment Finance District 1,500,000 1,500,000 Total 1,500,000 1,500,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Corpus Chr sti Engineering Whitecap Blvd & Gypsy Street Bridge Scour Protection Project City Council Meeting February 13, 2024 y , Whitecap Blvd & Gypsy Street Vicinity Map I a)i f - —� DAM ■■ -- w i Bridge Failure Due to Scour y Simplified Illustration {.tY Bridge Embankment Failure Zone Effective Pile Length 14 I I I I I I Streambed n I -- ---- ---------- I AS SCF) + LTD I I I I I I i Source: FHWA Office of Bridges&Structures Gypsy Street Bridge Cross Section iY CONCRETE BRIDGE 5 CONCRETE BULKHEAD Q� 5� GO CONCRETE PILES Gypsy Street Bridge Cross Section iY CONCRETE BRIDGE SOIL MIGRATION 5 CONCRETE BULKHEAD Q� 5� SOIL MINING Ll CONCRETE PILES SCOUR y , Bridge Scour Protection Project - . Key Points • Project will address scour protection at both bridges. • Project will address other deficiencies identified in bridge inspection reports. • Erosion protection will be retrofitted underneath both bridges. • Total project cost is estimated at $1.5M. • This action will add the project to TIRZ #2 Project Plan. Questions ti PROPOSED BOND 2024 PROGRAM City Council Briefing February 13, 2024 CITY BOND BACKGROUND • Bond is developed every two years • Bond Categories o Streets o Public Safety o Parks o Libraries/Community Centers • Bond focuses on large infrastructure projects • Most bond projects are phased o Phase 1: Design Only o Phase 2: Construction • Examples of Previous Projects o Bill Witt Aquatic Center o Everhart Road o Police Training Academy i GUIDING PRINCIPLES TO BE USED IN DEVELOPING THE PROGRAM • Fund projects that are fully designed 0 Major Citywide Signature Projects • Project Continuation 0 Focused on Projects Creating Economic Development • Rough Proportionality 0 Enhance Functionality of Recreational Areas • Improve Public Safety Facilities 0 Investment in Major Corridors • Increase Road capacity 0 Leverage Funding • Increase Connectivity 0 Landscape Design in Certain Road Projects ROUGH PROPORTIONALITY (PREVIOUS BONDS) Bond 2020 Program Rough Proportionality Streets $12,000,000 $13,300,000 $11,800,000 $12,100,000 $11,800,000 $61,000,000 Public Safety $2,000,000 $2,000,000 Parks and Public Facilities $750,00 $1,000,0001 $750,000 $1,000,000 $8,500,00d $12,000,000 Totals $12,750,000 $14,300,000 $11,800,000 $12,850,000 $12,800,000 $10,500,000 $75,000,000 Percentage 17% 19% 16% 17% 17% 14% 100% Proposed Bond 2022 Program Rough Proportionality vim Public Streets $11,500,000 $15,200,000 $12,200,000 $14,000,000 $6,200,000 $33,400,000 $92,500,000 Public Safety $10,000,000 $10,000,000 Public Libraries $2,500,000 $2,500,000 Public Parks $1,925,000 $1,525,000 $4,000,000 $1,800,000 $10,000,000 $750,000 $20,000,000 Totals $15,925,000 $16,725,000 $16,200,000 $15,800,000 $16,200,000 $44,150,000 $125,000,000 Percentage 12.74% 13.38% 12.96% 12.64% 12.96% 35.32% $0 GENERAL OBLIGATION (G.O.) DEBT CAPACITY WlogoW - No property tax rate increase '" " A - Bond Capacity: o Bond 2018: $75 Million 4iF o Bond 2022: $125 Million - Debt Management Briefing (27 Feb 24) 5 KEY DATES FOR BOND 2024 Date Activity '60 February 13, 2024 Council Briefing of Bond 2024 Allocation February 27, 2024 Debt Management Presentation by City Financial Advisor February 14, 2024— March 15, 2024 Refinement of Proposed Projects with Departments March 15, 2024—April 15, 2024 One-on-One Briefings w/ Mayor, Councilmembers, and Stakeholders March 19, 2024 Plan of Finance Presentation by City Financial Advisor April 15, 2024— May 15, 2024 Community Meetings by Council District May 15, 2024—June 15, 2024 Refinement of Proposed Projects July 16, 2024 Bond Proposal Presentation to City Council August 13, 2024 Bond 2024 and Calling for Election - First Reading Ordinance November 5, 2024 Bond Election Questions?