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Agenda Packet City Council - 07/30/2024
Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday,July 30,2024 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Rob Bailey with Southside Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Michael Fan, 4th grader at Windsor Park Elementary. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 24-1248 Recap of Operation Safe Return: Back-to-School Health and Safety Fair and Back to School Awareness City of Corpus Christi Page 1 Printed on 7/29/2024 City Council Meeting Agenda-Final-revised July 30,2024 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period on a city-related matter or agenda item, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Communications Department at least 24 hours prior to the Meeting. Please contact Communications at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. 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. I. CONSENT AGENDA: (ITEMS 2 - 9) 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. 2. 24-1245 Approval of the July 23, 2024 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 3. 24-1168 Ordinance approving the districting of annexed areas to City Council District 3 and District 5. sponsors: City Secretary's Office 4. 24-1072 Zoning Case No. ZN8120, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle Park District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 3/4 favorable vote required due to protest by surrounding owners. City of Corpus Christi Page 2 Printed on 7/29/2024 City Council Meeting Agenda-Final-revised July 30,2024 Sponsors: Development Services 5. 24-1073 Zoning Case No. ZN8281, Oliver& Saeideh Ommani, and Valiollah Ommani, (District 5). Ordinance rezoning a property at or near 6004 Yorktown from the "RS-6 Single-Family District to the "CN-2" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services 6. 24-1074 Ordinance approving the Corpus Christi Crime Control and Prevention District Budget for FY 2025 with revenues of$9,441,101.00 and fund balance of$2,429,984.00 totaling $11,871,085.00 and expenditures of $11,871,085.00 to fund 78 authorized Police sworn personnel and eight replacement vehicles, and equipment to support both; and appropriating $11,871,085.00 in the Crime Control and Prevention District Fund. Sponsors: Police Department Consent- Contracts and Procurement 7. 24-1034 Motion authorizing execution of a one-year service agreement, with two one-year options, with CSI Consolidated, LLC, dba AIMS Companies, of Houston, in an amount not to exceed $723,785.00, with a potential amount up to $2,171,355.00 if options are exercised, for closed circuit televised inspection and cleaning of large diameter wastewater lines for Corpus Christi Water, with FY 2024 funding of$120,631.00 from the Wastewater Fund. Sponsors: Corpus Christi Water and Finance &Procurement Consent-First Reading Ordinances 8. 24-1211 Ordinance ordering a general election to be held on November 5, 2024, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Sponsors: City Secretary's Office 9. 24-1102 Ordinance authorizing the acceptance of an increase in the grant from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children's Nutrition Program (WIC) to provide funding for the WIC program for the period of October 1, 2024, through September 30, City of Corpus Christi Page 3 Printed on 7/29/2024 City Council Meeting Agenda-Final-revised July 30,2024 2025, and authorizing 14 existing FTEs that are funded by this grant and appropriating the $1,233,166.00 in the Health Grant Fund. Sponsors: Health Department J. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. K. PUBLIC HEARINGS: (ITEMS 10 - 12) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 10. 24-1208 Public Hearing of the Proposed Bond 2024 Program Sponsors: City Manager's Office and Engineering Services 11. 24-1209 Public Hearing of the Proposed Sales Tax Reauthorization Plan Sponsors: City Manager's Office and Economic Development 12. 24-1105 Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-Family District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 13 - 19) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 13. 24-1172 Motion authorizing a professional services contract with NITEC, LLC, of Denver, Colorado in the amount of$4,571,582 for the identification of a reservoir location and design of the Underground Natural Gas Storage project with FY 2024 funding available from the Gas Capital Fund. Sponsors: Engineering Services, Gas Department and Contracts and Procurement 14. 24-1171 Motion awarding a construction contract to SR Trident, Inc., of Gregory, Texas, to construct the new Peoples Street Boardwalk, located in Council District 1, in an amount not to exceed $5,999,753.60, with FY 2024 funding available from Seawall Capital Improvement Fund. Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement 14. 24-1151 Resolution to authorize amendments to the Professional Services Agreements with Lloyd Gosselink for attorney services, and NewGen Strategies & Solutions LLC for expert witness services in a cumulative maximum of$523,000 related to the case of Petition by Outside City Ratepayers appealing the Water Rates of the City of Corpus Christi to the Texas Public Utility Commission (PUC Docket No. 56427). City of Corpus Christi Page 4 Printed on 7/29/2024 City Council Meeting Agenda-Final-revised July 30,2024 Sponsors: Corpus Christi Water and Legal Department 17. 24-1150 City Manager Presentation of FY 2025 Proposed Operating and Capital Budget Presentation Sponsors: City Manager's Office 18. 24-1246 Resolution amending the Debt Management Policy adopted by Resolution 029321 on December 13, 2011. Sponsors: City Manager's Office 19. 24-1098 Resolution amending Financial Budgetary Policies adopted by Resolution 033143 and providing financial policy direction on preparation of the FY 2025 operating and capital budgets. Sponsors: Office of Management and Budget M. BRIEFINGS: (ITEM 20) 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. 20. 24-1204 Bond 2024 Program Financial Capacity Briefing, Presented by the City's Financial Advisor Victor Quiroga, Specialized Public Finance, Inc. Sponsors: City Manager's Office N. EXECUTIVE SESSION: (ITEMS 21 -23) 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. 21. 24-1152 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes City of Corpus Christi Page 5 Printed on 7/29/2024 City Council Meeting Agenda-Final-revised July 30,2024 and regulations, 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, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions. 22. 24-1100 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 the cases of Sylvia Wilson v. City of Corpus Christi and Martin Ramos v. City of Corpus Christi including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. 23. 24-1217 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 personnel matters and the City Auditor and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including, but not limited to, the City Auditor). O. ADJOURNMENT City of Corpus Christi Page 6 Printed on 7/29/2024 OPERATION 1; r SAFE RETURN ANNUAL BACK-TO-SCHOOL HEALTH & SAFETY FAIR Sat. Aily 20th, 2024 110 Add. to 2 P 5t6r�1 A� Location., American Bank Center lip rigccr la°r. bookpa a perotion Safe Return gives every chill the opportunity to Feceive necessary school supplies, obtoin valuable safety information, and ensure a healthy start to the upcoming schoolye-or. Free At No Cost: �c hciol Supplies �I mmuiri lzati arks x Hair(ul Vouc he rs Derila l Edti ca l ion Sports Physicals Miand overwhelming.Designed, to be less sensory skim gal ati rig i Tom' CITGO k• I. 4 Driscoll Health Plan qEWS [rn��.5 r.�rxr•re�,k City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 + > cctexas.com yo Meeting Minutes City Council Tuesday,July 23,2024 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:33 a.m. B. Invocation to be given by Pastor Albert Walker with Mount Pisgah. Pastor Albert Walker with Mount Pisgah gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Matthew Bagala, 9th grader at Incarnate Word Academy. Matthew Bagala, ninth grader at Incarnate Word Academy, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 24-1215 Update on Major Capital Improvement Projects Citywide City Manager Peter Zanoni presented information on the following topics: Police Training Academy (Bond 2020); Fire station 3 (Bond 2020)-Morgan Avenue; Alameda Street (Louisiana Ave. to Chamerlain St) (Chamberlain St. to Texan Trail) (Bond 2018 & 2020); Everhart Road (SPID to Alameda Street) (Bond 2018 & 2020); Cimarron Boulevard 2024 RPP; Bill Witt City Park Pool (Bond 2020); North Beach restroom and parking facility (Bond 2020); and West Guth Skatepark Bond 2020. City of Corpus Christi Page 1 Printed on 712412024 City Council Meeting Minutes July 23,2024 F. PUBLIC COMMENT Mayor Guajardo opened public comment. The following citizens spoke against banning Diversity, Equity and Inclusion (DEI) books from public libraries: Nami Fisher, 4625 Cornett Dr., Tom Tagliabue, 6025 Ocean Dr., Robert Kymes, 706 Texas Ave., Maggie Peacock, 1773 Ennis Joslin Rd., Adair Apple, 7809 Lovain Dr., Linda Gibeaut, 410 Southern St., Autum Yeager, District 2, Jazmeyne Evans, 3310 Rodd Field Rd., Eli McKay, 1008 Marguerite St., and Laramie Fain, 322 Texas Ave. The following citizens spoke in support of enforcing strict library policies on books: Daniel Resley, 2313 Louisville Dr., Colby Wiltse, 7929 Vishal Dr., Pete Prescott, 4202 Kostoryz Rd., Paul Lozuk, 657 Sorrell St., and Catherine Barnes, 520 S. Chaparral St. John Weber, 609 Naples St., spoke about discussing Industrial District Agreements in open forum and about water conservation. Maggie Peacock, 1773 Ennis Joslin Rd., spoke about discussing Industrial District Agreements in open forum and against banning DEI books from public libraries. Adam Rios, 7301 Tangled Ridge Court, spoke in support of parks and recreation activities and advocated for skate camps. The following individuals submitted a written public comment which is attached to the minutes: Laurie Lyng, 16130 Jessamine St., Melodie Lloyd, Port Aransas, TX, Susi Hearn, Port Aransas, TX, and Sunil Reddy, CC, TX. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 2 - 17) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Item 11 was pulled for individual consideration Council Member Campos moved to approve the consent agenda with the exception of Item 11, seconded by Council Member Barrera. 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 City of Corpus Christi Page 2 Printed on 712412024 City Council Meeting Minutes July 23,2024 Abstained: 0 2. 24-1205 Approval of the July 16, 2024 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent- Second Reading Ordinances 3. 24-0644 Ordinance authorizing an amendment to the Highway Bridge Replacement and Rehabilitation Program Advance Funding Agreement with the Texas Department of Transportation to add sidewalks and bicycle lanes to the Yorktown Mud Bridge Project with the City's contribution of$2,000,000.00 cash and $1,158.184.00 in in-kind project structural improvement work, appropriating $2,000,000.00 from the Storm Water Fund to the Storm Administration Fund and amending the FY 2023-2024 Operating Budget, located in Council District 5. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033408 4. 24-0539 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $1,978,937.16 with MPM Development to construct a wastewater trunk line for the proposed residential development located off the northwest side of Haven Dr. and Warrior Rd. intersection, also known as Haven Subdivision, requiring construction completion within 24 months; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,978,937.16 to reimbursement the developer in accordance with the agreement. (District 1). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033409 5. 23-2023 Ordinance amending the City's Water Master Plan with the addition of a twelve-inch water line located along Saratoga Boulevard southeast of Old Brownsville Road and northwest of County Road 35 to serve proposed and future development along Saratoga Boulevard. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033410 6. 24-0070 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $899,000 with Saratoga 400 Partners, LLC to construct a water arterial transmission grid main related to Saratoga Ridge subdivision off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $899,000.00 to reimburse the developer City of Corpus Christi Page 3 Printed on 712412024 City Council Meeting Minutes July 23,2024 in accordance with the agreement. (District 3). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033411 7. 24-0071 Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement agreement up to $4,131,000.00 with Saratoga 400 Partners, LLC to construct a wastewater trunk line related to the Saratoga Ridge subdivision located off Saratoga Blvd, between Old Brownsville Rd and Greenwood Rd; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $4,131,000.00 to reimburse the developer in accordance with the agreement. (District 3). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033412 8. 24-1027 Zoning Case No. ZN8208, 2130 Rand Morgan Road LLC (District 1). Ordinance rezoning a property at or near 2130 Rand Morgan Road from the "RS-6" Single-Family District to the "R-MH" Manufactured Home District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033413 9. 24-1028 Zoning Case No. ZN8261, Margo Lyn Moore (District 4). Ordinance rezoning a property at or near 7317 South Padre Island Drive (State Highway 358) from the "RS-6" Single-Family District to the "CG-2" General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033414 10. 24-1029 Zoning Case No. ZN8270, Ferco Homes LLC (District 2). Ordinance rezoning a property at or near 1501 South 19th Street from the "RS-6" Single-Family District to the "RM-1" Multi-Family District; providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033415 11. 24-0996 Ordinance adopting the City Fiscal Year 2025 and U.S. Department of Housing and Urban Development (HUD) Program Year 2024 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of $3,135,388, the Emergency Solutions Grant (ESG) budget in the amount of $234,083, and the HOME Investment Partnerships Program (HOME) budget in City of Corpus Christi Page 4 Printed on 712412024 City Council Meeting Minutes July 23,2024 the amount of$1,369,386 for a total of$4,738,857 annual HUD funding; amending the Citizen Participation Plan (CPP); authorizing the execution of all necessary documents to submit the AAP and CPP; authorizing a staff complement of 18 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary to implement the FY 2025 PY 2024 AAP. Mayor Guajardo referred to Item 11. Mayor Guajardo opened public comment. Judy Telge, 4553 Santa Fe St., is asking for funding to renovate a project on South Staples Street. Council Members, Assistant Director of Planning & Community Development Jennifer Buxton, and City Attorney Miles Risley discussed the following topics: the requested South Staples Street project is not eligible for HOME program funds because it does not meet the occupancy standards based on federal rules and regulations; and federal guidelines must be strictly applied for federal funding. Council Member Roy moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on second reading and approved with the following vote: Aye: 5- Mayor Guajardo, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Klein Nay: 2- Council Member Hernandez and Council Member Hunter Abstained: 2- Council Member Barrera and Council Member Campos Enactment No: 033416 Consent- Contracts and Procurement 12. 24-0928 Motion authorizing execution of two agreements with Gateway Printing & Office Supply, of Corpus Christi, Texas, through OMNIA Partners Cooperative for furniture and equipment for$216,570.21 and The Interlocal Purchasing System Cooperative for shelving for$59,924.34 for the new Corpus Christi Police Training Academy, for a total combined amount of$276,494.55, with FY 2024 funding available in the amount of$276,494.55 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2024-112 13. 24-0963 Motion authorizing the purchase of 93 pieces of replacement Casco firefighter protective clothing (coats and pants) for the Corpus Christi Fire Department from Casco Industries, of Houston, Texas, through the BuyBoard Cooperative, for City of Corpus Christi Page 5 Printed on 712412024 City Council Meeting Minutes July 23,2024 $78,002.82, with FY 2024 funding in the amount of$78,002.82 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2024-113 14. 24-1058 Motion authorizing execution of a one-year supply agreement, with two one-year options, with Polydyne, Inc., of Riceboro, Georgia, in an amount not to exceed $1,119,400.00 and a potential up to $3,358,200.00 if options are exercised, for liquid cationic polymer to be used for treatment in the potable drinking water process at the O.N. Stevens Water Treatment Plant, with FY2024 funding of $186,566.67 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2024-114 15. 24-0808 Resolution authorizing a five-year supply agreement with IDEXX Distribution Inc., of Westbrook, Maine, in an amount not to exceed $765,437.80, for the purchase of laboratory supplies for Corpus Christi Water, with FY 2024 funding of $22,726.00 from the Water and Wastewater Funds. This Resolution was passed on the consent agenda. Enactment No: 033417 General Consent Items 16. 24-1141 Resolution opposing Texas Windstorm Insurance Association (TWIA) rate increase. This Resolution was passed on the consent agenda. Enactment No: 033418 Consent-First Reading Ordinances 17. 24-1168 Ordinance approving the districting of annexed areas to City Council District 3 and District 5. This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:18 p.m. Executive Session Items 22 and 23 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 4:25 p.m. K. PUBLIC HEARINGS: (ITEMS 18 - 19) City of Corpus Christi Page 6 Printed on 712412024 City Council Meeting Minutes July 23,2024 18. 24-1072 Zoning Case No. ZN8120, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle Park District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 18. Mayor Guajardo opened the public hearing. Carl Badalich, 102 West Palm Beach, expressed concern about putting a trailer park on the beach because it decreases the property value. Mayor Guajardo closed the public hearing. There were no comments from the Council. Council Member Suckley moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hunter Abstained: 0 19. 24-1073 Zoning Case No. ZN8281, Oliver& Saeideh Ommani, and Valiollah Ommani, (District 5). Ordinance rezoning a property at or near 6004 Yorktown from the "RS-6 Single-Family District to the "CN-2" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 19. Director of Development Services AI Raymond presented information on the following topics: zoning and land use; public notification; and staff analysis and recommendation. A Council Member and Director Raymond discussed the following topic: to ensure the residents who live behind this retail center are taken into consideration during the platting phase. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. City of Corpus Christi Page 7 Printed on 712412024 City Council Meeting Minutes July 23,2024 Council Member Hernandez moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 21) 20. 24-1074 Ordinance approving the Corpus Christi Crime Control and Prevention District Budget for FY 2025 with revenues of$9,441,101.00 and fund balance of $2,429,984.00 totaling $11,871,085.00 and expenditures of$11,871,085.00 to fund 78 authorized Police sworn personnel and eight replacement vehicles, and equipment to support both; and appropriating $11,871,085.00 in the Crime Control and Prevention District Fund. Mayor Guajardo referred to Item 20. Mayor Guajardo opened the public hearing. Mariah Boone, 710 Ponder St., spoke in opposition to this proposed budget. Tracy Teague, 2801 Chapel View Dr., spoke in support of this proposed budget. Mayor Guajardo closed the public hearing. Council Members and Police Chief Mike Markle discussed the following topics: the police department constantly explores grant opportunities; police officers respond to calls based on severity; and a concern that crime prevention programs are not marketed adequately. Council Member Hunter moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 21. 24-0957 Motion authorizing execution of a one-year professional services contract with Roadway Asset Services, LLC, of Austin, for an amount not to exceed $961,653.00 for Pavement Condition Evaluation Survey in support of the Rapid Pavement Program for the Public Works Department, with FY 2024 in the City of Corpus Christi Page 8 Printed on 712412024 City Council Meeting Minutes July 23,2024 amount of$961,653 from the General Fund. Mayor Guajardo referred to Item 21. Director of Public Works Ernest De La Garza presented information on the following topics: background; historical PCI scores; project scope; and project timeline. Council Members, City Manager Peter Zanoni, Director De La Garza, and Assistant Director of Finance and Procurement Josh Chronley discussed the following topics: the purpose of hiring this company is to update the City's pavement condition data by surveying and assessing all streets and roadways, and inventory certain infrastructure assets in the City's rights-of-way; how sidewalks fit into this assessment; and a concern why bids from other companies were not received. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Campos. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: M2024-115 M. BRIEFINGS: (NONE) N. EXECUTIVE SESSION: (ITEMS 22 -23) 22. 24-1099 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes and regulations, 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 City of Corpus Christi Page 9 Printed on 712412024 City Council Meeting Minutes July 23,2024 will be conducting economic development negotiations, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions. This E-Session Item was discussed in executive session. 23. 24-1196 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 personnel matters and the City Manager and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including, but not limited to, the City Manager). This E-Session Item was passed after executive session. The following motion was considered: Motion to increase the City Manager's base salary by a five percent performance-based increase plus a five percent market-based increase, authorize an increase in the severance payment from twelve months to eighteen months of salary, increase the maximum vacation hours that may be accrued at the end of each year (and not lost) from 240 hours to 500 hours, require the City Manager to take at least five consecutive business days of leave each year, and authorize the Mayor to execute an amended employment agreement incorporating the aforementioned increase to be effective on May 20, 2024, retroactively. Council Member Pusley moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 5- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 4- Council Member Hernandez, Council Member Hunter, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2024-116 O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 4:27 p.m. City of Corpus Christi Page 10 Printed on 712412024 Public Comment 7-23-2024 1 Date of Meeting 7/23/2024 Name Laurie Lyng Street Address:16130 Jessamine St Address City:Corpus Christi State/Province:TX Postal/Zip Code:78418 Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic BMX race track at Manuel Q.Salinas Park Agenda Item Number General Public Comment I am from the BMX racing community who would love to see the track located at Manuel Q.Salinas Park open&sanctioned for racing again.There are no BMX race tracks south of San Antonio&all who participate in the sport have to travel hours to race,ride,or even practice. Wouldn't it be nice to bring BMX racing back to Corpus Christi&be a hub for the sport for all of the surrounding cities? We have a FB page"Bring BMX Racing Back to Corpus Christi"with over 400 followers&we receive Describe Feedback: messages daily from parents askingwhere their kids can ride,when the track is opening&also those sayingtheywant to help.We are actively involved&invested in the sport&are motivated to bring it back.If we could get any kind of answers on what the status is on the track,if there are any plans moving forward for re-opening it as a sanctioned USA BMX race track how it was,or if we could work with someone on making a plan,we would really love to put our time&efforts towards this cause. 018ringitbackCC.ipg MalinasTrack.ipg Uploads: 03 USAteam.ipg 04 Lonestar.ipg 05 CapCitv.ipg Provide an email to receive a copy of laurielvng@gmail.com our submission. Saturday,July 20,2024 • �_ ;, Public Comment & Input Form For City Council Meetings To submit a service request,ask a question, report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a Public Comment for City Council Meetrings, click Next below. Public Comment & Input Form For City Council Meetings Date of Meeting Tuesday,July 23,2024 Name Laurie Lyng Address 16130 Jessamine St Corpus Christi,TX,78418 Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic BMX race track at Manuel Q. Salinas Park Agenda Item Number General Public Comment Comment am from the BMX racing community who would love to see the track located at Manuel Q. Salinas Park open &sanctioned for racing again. There are no BMX race tracks south of San Antonio&all who participate in the sport have to travel hours to race,ride,or even practice. Wouldn't it be nice to bring BMX racing back to Corpus Christi &be a hub for the sport for all of the surrounding cities?We have a FB page "Bring BMX Racing Back to Corpus Christi"with over 400 followers&we receive messages daily from parents asking where their kids can ride,when the track is opening &also those saying they want to help. We are actively involved &invested in the sport&are motivated to bring it back. If we could get any kind of answers on what the status is on the track, if there are any plans moving forward for re-opening it as a sanctioned USA BMX race track how it was, or if we could work with someone on making a plan,we would really love to put our time&efforts towards this cause. 1 Upload supporting images or BRING A BMX documents. TRACK BACK TO SOUTH TEXAS ..�. V 41'uro 0 - Sin�Y�o�n Carpus Christi 00:, yn , btt; • , •p 11 •r - F ��. • �';�` - _ tit 2 . HIV 5 Provide an email to receive a copy of laurielyng@gmail.com your submission. 3 x.. at• + S Frv... � ..- �-•�y ® Idi L.���3 rw'y,•-� �•srti.�� ." �� � �t-�a. �te .may, lin 2 Public Comment&Input Form Date of Meeting 7/23/2024 Name Melodie Lloyd Street Address:5601 State Hwy361 Street Address Line2:Lot507 Address City:Port Aransas State/Province:TX Postal/Zip Code:78373 Are you a resident of Corpus Christi? No Topic Proposed Changes to Watering Restrictions Agenda Item Number n/a Postpone your decisions regarding watering restrictions until after hurricane season.One tropical rain system,in the right spot,could fill up Lake Corpus Christi and Choke Canyon to 50%plus.It's happened before.Revise the Drought Contingency Plan to include Lake Texana.This water,which accounts for as much as 50%of water delivered to Corpus Christi homes,isn't included in the calculations for watering restrictions.Hand watering/drip irrigation are very efficient and will keep Describe Feedback: landscaping alive if we don't get rain.Don't treat the same as automatic sprinklers!I'm concerned the Stage 3 ban on outdoor watering for residential water users is too restrictive.Residences account for less than half of city water use and only some of those users water their landscapes. As a result,Stage 3 restrictions on watering plants would impact only a small portion of overall water use.Consider hand watering and drip irrigation to be allowed every other day during Stage 3 restrictions. Provide an email to receive a copy of melannllovd@Rmail.com our submission. 3 Public Comment&Input Form Date of Meeting 7/20/2024 Name Susi Hearn Street Address:5601 Highway361 Street Address Line 2:459 Address City:Port Aransas State/Province:TX Postal/Zip Code:78373 Are you a resident of Corpus Christi? No Topic Proposed Changes to Watering Restrictions Agenda Item Number N/A Please postpone your decisions regarding watering restrictions until after hurricane season.One tropical rain system could fill up Lake Corpus Christi and Choke Canyon 50%+.Consider revising the Drought Contingency Plan to include Lake Texana.This water,which accounts for as much as 50%of water delivered to Corpus Christi homes,isn't included in the calculations for watering restrictions.Hand watering/drip irrigation is very efficient and will keep landscaping alive if we Describe Feedback: don't get rain.It should not be treated the same as automatic sprinklers!The Stage 3 ban on outdoor watering for residential water users is too restrictive.Residences account for less than 1/2 of city water use and only some of those users water their landscapes.As a result,Stage 3 restrictions on watering plants would impact only a small portion of overall water use.Allow hand watering and drip irrigation every other day during Stage 3 restrictions.Thank you for your consideration. Provide an email to receive a copy of sghearn@gmail.com our submission. 4 Public Comment&Input Form Date of Meeting 7/23/2024 Name Sunil Reddy Street Address:P.O.Box272000 Address City:Corpus Christi State/Province:TX Postal/Zip Code:78427 Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic Objection to Request to Change Zoning Agenda Item Number 24-1072 This request was rejected by the City Council before.The only difference this time is the location was shifted over a few feet to avoid providing notice to my family and neighbors.An RV park is inconsistent with the development plan for Mustang Island.Mustang Island needs hotels,resorts, condos and high-end residential.Allowing this RV park will cause significant loss in property value and make traffic congestion on Mustang Island and the logistics of evacuation in the event of a Describe Feedback: hurricane significantly worse.The City Council has already granted a special use permit with certain restrictions to allow another RV park very close to this property.Two RV parks in close proximity would be even worse.Please deny the requested zoning change,but if you don't deny,at least limit them to a special use permitwith similar restrictions to those approved before,such as max 8 RV sites per acre/RV sites min 30'wide/only 1 RV per site/concrete pads min 15'wide. Provide an email to receive a copy of reddysunilp@Rmail.com our submission. se 0 0 PH AGENDA MEMORANDUM NCoRPaPP1¢ First 1s52 Reading for the City Council Meeting July 23, 2024 Second Reading for City Council Meeting of July 30, 2024 DATE: July 3, 2024 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Adding annexed territory to City Council Districts 3 and 5 CAPTION: Ordinance approving the districting of annexed areas to City Council District 3 and District 5. SUMMARY: The City Council general election for Mayor and Council Members is on November 5, 2024. The City has annexed property in the London area and San Patricio County per the following ordinances: 032956 (12/20/22) — Caroline Heights; 033002 (3/21/23) — Oso Vista/London Pirates Rd.; 033094 (7/18/2023) — Agape Ranch/London Pirate Rd.; 033245 (12/12/23), London Area Annexations, and 033301 (2/20/24), London ISD. The annexed areas, while unpopulated, need to be incorporated into Council districts. Based on the location of the areas, staff is recommending the annexed areas be added to District 3 (Ordinances 033301 , 033002, and 033094) and District 5 (Ordinances 033245 and 03256), as depicted in the attached map (Exhibit A). BACKGROUND AND FINDINGS: The City Charter provides that five council members are elected by majority vote from single member districts, and each district will have the same population to the extent possible [Article II, Section 1(a)]. Since the annexed areas are not populated, adding the territory to any Council district would not cause the 2022 redistricting plan to become out of balance for "one person, one vote" purposes. The City Charter provides that any ordinance to equalize territory/population may not be enacted less than 90 days before any general election. Staff is recommending the annexed areas be added to Districts 3 and 5 respectively, as illustrated in the attached map. FISCAL IMPACT: None LIST OF SUPPORTING DOCUMENTS: • Ordinance with Exhibit A — Map of annexed areas Ordinance adding annexed areas to City Council District 3 and District 5. WHEREAS, the City of Corpus recently annexed territory pursuant to City Ordinances 033301, 033002, 033094,033245, and 032956-1 WHEREAS, upon the annexation and subsequent dissemination of territory, there remains annexed unpopulated territory within the City limits that must be assigned to an existing single-member council district; and WHEREAS, Article 11, Section 1(a)of the City Charter requires that such adjustment to the single-member council districts occur prior to the next general election, which is scheduled to occur in November 2024. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related hereto. Section 2. The boundary of the existing Single-Member Council District #3 for the City of Corpus Christi is hereby amended to add the areas annexed by City Ordinance 033301 , 033002, and 033094 as depicted on the map attached hereto as Exhibit A. Section 3. The boundary of the existing Single-Member Council District #5 for the City of Corpus Christi is hereby amended to add the areas annexed by City Ordinance 033245 and 03256 as depicted on the map attached hereto as Exhibit A. Section 4. This Ordinance shall take and be given effect immediately upon passage. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary N EXHIBIT A 033002 w E CR ' gRgT�Gq s CR 26 26 r / 033094 033301 J � L J M w L I M I CR 22 I f I 033245 032956 4 I City of Corpus Christi U STAPLES z Annexations 2022 - 2024 (to date) District 3 0 ETJ 0 District 5 ® Annexation Areas r City Limits CR 18 v — — 0 0.5 1 Miles l i i i I IT GIS Team-GIS Map or Data Requests\Planning\Annexations\ANNEXA7IONS_ADOPTED_2022_2023_2024 .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM (Revised) Public Hearing and First Reading for the City Council Meeting of July 23, 2024 Second Reading for the City Council Meeting of July 30, 2024 DATE: July 23, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 7213 State Highway 361 (SH-361) CAPTION: Zoning Case No. ZN8120, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle Park District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 3/4 favorable vote required due to protest by surrounding owners. SUMMARY: This item is to rezone the property to allow a commercial (overnight accommodation) use; particularly a recreational vehicle park. BACKGROUND AND FINDINGS: The subject vacant 10.72-acre tract out of a 29.99-acre parent parcel for a master development that is to include single-family uses, commercial (Retail Sales and Services/Restaurant) uses, and a commercial (Overnight Accommodation (Hotel)) use. It is located along the east side of State Highway 361 , out of the Mustang Island area, and two (2) miles north of the Mustang Island State Park. The subject property is zoned "RM-AT" Apartment Tourist District, which is typical to the Padre/Mustang Island area. The greatest concentration of this district is in the Mustang Island area (measuring approximately six (6) miles, north of the Mustang Island State Park's Fish Pass, south of the Port Aransas's city-limit line, and along the east side of State Highway 361 . The typical zoning district along the west side of State Highway 361 is "FR" Farm Rural District, the zoning district granted upon annexation, and where zoned otherwise; the result of an amendment to the "FR" district of origin. The area east of State Highway 361, north of the Mustang Island State Park, and south of the Port Aransas city line, was annexed in 2001, while the area west of the highway was annexed 2-3 years prior. To the north of the parcel, properties are zoned "RM-AT" Multi-Family Apartment Tourist District and "FR" Farm Rural District; however, are vacant. To the east of the area of request is the remaining of the parent-parcel zoned "RM-AT" Multi-Family Apartment Tourist District slated for single-family uses and a hotel development. To the west of the site and State Highway 361, properties are zoned "FR" Farm Rural and "RM-AT" Multi- Family Apartment Tourist District and are vacant. The applicant is requesting an amendment to the current district to accommodate a recreational vehicle park use with approximately 98 RV stalls. Incidental uses are to include a community center, maintenance/utility support spaces, swimming pools, shower facilities, and laundry room, among other amenities. The amendment is for phase 2 of 2 of the master development. Phase 2 also includes construction of townhomes per the preliminary plat approved by Planning Commission on July 26, 2023. Phase 1 includes a retail center, hotel, and townhomes. There are mitigation efforts attached to the overall site due to violation issued by the Texas General Land Office; which also include the un-permitted filling and dredging of 1 .2 acres of wetlands within the jurisdiction of the Army Corps of Engineers. The development will impact the entire 7.64 acres of wetland identified on-site. The "RV" Recreational Vehicle Park District provides for the development of tourist accommodations that utilize recreational vehicle parks. Recreational Vehicle parks are restricted to the Recreational Vehicle District; which requires a minimum 3-acre site area. The proposed rezoning is consistent with broader elements of PlanCC; however, it is inconsistent with the Future Land Use designation of Planned Development; therefore, will warrant an amendment to the Future Land Use map. Public Input Process: Four (4) notices were mailed within the state required, 200-foot, notification area, and 1 outside the notification area. As of July 23, 2024: In Favor In Opposition 0 inside notification area 2 inside notification area (Received 7/23/24) 0 outside notification area 0 outside notification area Two (2) separate property owners within the 200-foot notification area are in opposition, totaling 70.89%. A 3/4 favorable vote is required due to protest by surrounding owners. Property Owner 2 (9.05%) — Reason for opposition: "Should be a special permit." Property Owner 5 (61 .85%) — Reason for opposition: "Decline of property value." ALTERNATIVES: Denial of the change of zoning from the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION (May 29, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle District. Vote Results For: 7 Against: 1 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8120, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle Park District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 3/4 favorable vote required due to protest by surrounding owners. 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, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 10.72 Acres out of a property described as 29.99 Acres out of the Waterbury J.W. Survey 596, Abstract 408, Land Script 167, and shown in Exhibit "A", from: the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle District. The subject property is located at or near 7213 State Highway 361 (SH-361). Exhibit A, a metes and bounds description with exhibit, and Exhibit B, a map, are attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Exhibit A AM ETES AND BOUNDS DESCRIPTION FOR A 10.719 ACRE TRACT REZONING Being a 10.719 acre tract of land situated in the J.W.Waterbury Survey No.596,Abstract No.408,Land Script 167,Nueces County, Texas and being a part of a called 29.999 acre tract described by deed to Mustang Island LLC and being more fullydescribed as follows: Commencing at a%-inch iron rod found for the southwest corner of said 29.999 acre tract of land,same being the northwest corner of Lot 2A,Block 1 of Sunrise Shores,according to the plat recorded in Volume 67 Page 464,Map Records,Nueces County, Texas.and being on the southeast line of State Highway 361(having a 120-foot right-of-way); THENCE North 30°17'20"East,with the southeast line of said State Highway 351,a distance of 309.44 feet to the point of beginning; THENCE North 30°17'20"East,a distance of 440.84 feet to a 3/4-inch iron rod with red cap found for the northeast corner of said 29.999 acre tract; THENCE South 58°23'00"East,with the northeast line of said 29.99 acre tract,a distance of 2,065.24 feet to a point for corner; THENCE South 31°34'35"West,a distance of 439.98 feet to a point for corner; THENCE North 58"25'25"West,a distance of 1,055.33 feet,containing 10.719 acres or466,902 square feet of land. I CERTIFY THAT THIS SURVEY MS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. 1 tit o%S fR y eo s ALLEN W. KERLEY r -%5.. 7 S UR4 Registered Professional Land Surveyor Allen W_Kerley,R.P.LS_No.5427 DRAM BY cow AP1RO1F.BY A— ZONING EXHIBIT DATE: 10118l2023 JOB NO. -21.1026 DRAWING NAME' WATERBURY ZONING 10,719 ACRES SHEET NO 1 OF 2 J.W.WATERBURY SURVEY NO.596 PROJECTION,TEXAS STATE PLANE SOUTH CENTRAL LAND SCRIPT 167 GOO DATUM NADa3 I VURT-DATUM NAVosa NUECES COUNTY,TEXAS GRID UNITS'.US SURVEY FEET T.BAKER SMITH REV NO oo RFV.DATE_ -,--1- REV_BY: 1 CE MTYEY RM DOLYTIO ME ((,�.■ 3656 s Tx T8338 [R.71.ION DESCRIPTION: Afe�uas P ss.T (361 i339E719-tb..Ith,wm TBPL9410194575 CARPUS MUSTANG`-D ESTATES CHRIS71 1 / BAY POPTOV��EO pP !EACH VIEW pR HOC AI SJECT PROPERTY Ly. 0 MUSTANG ISLAND) GULF OF sEA WAV j(�� ✓ OA. MEXICO N'O w r FRONT6IDEN DR ��,e-obi P.as_ sss_ VIMAP (1--1"=1 1 M MLE)I EXISTING ZONING: RM-AT PROPOSED ZONING: RMICR s�A P.o.c. \ 466,902 SQ.FT. 10.719 ACRES �scPo PART OF \ �o CALLED 29.999 ACRES LOT 2A,BLOCK 1 ss MUSTANG ISLAND LLC SUNRISE SHORES s,�" DOC NO. 2014040031 VOL_67,PG_464 ` \ M.R.N.C.T. `` O.P.R.N.C.T. 5 \ I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION, .�G1*ERFo's 3 ALLEN W.KERLEY F 5427 F 1 UR \\ Registered Professional Land Surveyor AIIen W Kerley,R.P.L.S.No.5427 DRAM BY: COW APPROVEDEY'. AWK ZONING EXHIBIT DATE: 10(1912023 JOBNO: 2-1.1025 DRAVANG NAME'. WATERBURY ZONING 10,719 ACRES SHEET NO: 2 of 2 J.W.WATER'�BTURY SURVEY NO.596 PROJECTION:TEXAS STATE PLANE SOUTH CENTRAL LAND SCRIPT 167 GEO.DATUM'NADS3 I VERT_DATUM'.NAVl AI'I I ECES COUNTY,NTY,TEXAS G RI D UNITS:US SURVEY FEET 1vV l.L'rJ I.V�I�V 1Lis J T.BAKER SMITH REv.No: REv.DATE: --1--r-- REV,BY, A 011iY 05 OF SOLUIIO M! `/�\•■ 3BSS FM 1 W9 REVISION DESCRIPTION Tl ' A. Pass.TX 78339(361]339-5798-tbsmith.wm TBPLS kf 018CST5 Exhibit B FR SUBJECT PROPERTY RM-AT R Mom, RM-AT SRO SUBJECT PROPERTY WITH SWHZONING n ,*l E ® 5 Subject Property A-I Apertneni HWse D F1 LatviM IMustnal Didrdd A-IA APartrirern Horse Dislra:t F2 L U.Indus A Dstrid A-2 APararrer t Horse Dlstriut 43 Heavy lydusmal D'�sbic[ AB P"W —al O _Distnd PH❑ Ple_u-D.-' AT AParhnent-Twnst Distract R-IA Dne Family Dwelling Disa,d B-I Reighborh—Dusiness D R-IB 0—D Family Dwelling Dismd B.fa Reiph ._B__"D R-IC One F—y DamllinQ Drs D-2 Bayl—Busnress D R-2 Mudope Dwelling D.— f- 624 Dame,island Dusmess D_. RA One Fanny Dwellnig Dismd / \ D-3 Busrrless Distlal RE R-,dnrlal Estate Dish, SUBJECT D-1 Gerreral Dusiness Diatrad R-TH T Muse D-4H D PROPERTY B-5 Primary eusmess Dcli.d SP sp-.Permit " P_ary 9ustrless Ca Dhs t T-IA Travel Trailer Pan Dlstrid. DD Cern�s.chub Deanh Da q DSL T-ID Manufactured H_Pan Dian City of Esri,HERE Fit Farm Rural D.— T-lc H— Corpus LOCATION MAP HG HtstaricalLultura7 LaMman Distract Caull1 Preserva[ron ZONING REPORT Case No. ZN8120 Applicant & Subject Property District: 4 Owner: Mustang Island LLC Applicant: Susana Rios Address: 7213 SH-361 (State Highway 361), located along the east side of State Highway 361, south of Beach View Drive, and north of La Concha Boulevard. Legal Description: 29.999 Acres out of the Waterbury J.W. Survey 596, Abstract 408, Land Script 167. Refer to attachment (A) Metes & Bounds Description and Exhibit. Acreage of Subject Property: 10.72 acre(s) Pre-Submission Meeting: September 6, 2023 Zoning Request From: "RM-AT" Multi-Family Apartment Tourist District To: "RV" Recreational Vehicle District Purpose of Request: To allow for a commercial (overnight accommodation) use; particularly a recreational vehicle park. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RM-AT" Multi-Family Vacant Planned Development Apartment Tourist "FR" Farm Rural, Vacant Planned Development, North "RM-AT" Multi-Family Transportation (SH-361) Transportation (SH-361) Apartment Tourist South "RM-AT" Multi-Family Low-D Vacant,Low-Density Residential Planned Development Apartment Tourist East Vacant Planned Development "RM-AT" Multi-Family Transportation SH-361 , West Apartment Tourist, p ( ) Transportation (SH-361), "FR" Farm Rural Vacant Planned Development Plat Status: The subject property is not platted; however, a master preliminary plat was approved by Planning commission on July 26, 2023 for the development of the parent parcel. An amendment is required. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: A stop work order (Cease and Desist Letter) was vissued on May 20, 2022 . A plan to mitigate the violation has been approved (from the City, Nueces County, and Texas General Land Office) and is currently underway. Other: Construction, as defined by Tex. Nat. Res §61.001, Corpus Christi Municipal Code §10-1 , seaward of a Dune Protection Line and Beachfront Construction Line, require a permit. Subject property and parent parcel are seaward of both. Activities must match granted permits. Transportation and Circulation Designation Section Proposed Section Existing State Highway "RA3", 4 Lanes, 2 Lanes, 361 (SH-361) Primary Rural Arterial Median V-Ditch, Drainage per Side, Drainage per Side, 120-Foot ROW 250-Foot ROW Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 65 Padre Island Connection, with the nearest stops 9 miles south, at South Padre Island Drive, and another 2 miles north of the subject property. Bicycle Mobility Plan: The nearest infrastructure is 9 miles south of the site. Utilities Gas: None exists. Stormwater: None exists. Wastewater: None exists. Water: None exists. 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Padre/Mustang Island (Adopted on June 29, 2021). Water Master Plan: Outside ADP/Master Plan Area (Nueces City Water District No.4) Wastewater Master Plan: Outside ADP/Master Plan Area. Stormwater Master Plan: Outside ADP/Master Plan Area (North Beach and the Island are tidally influenced). Roadway Master Plan: Outside ADP/Master Plan Area. Public Notification Number of Notices Mailed 4 within a 200-foot notification area 1 outside 200-foot notification area In Opposition (as of July 24, 2024) 2 inside the notification area 0 outside the notification area 70.89 % in opposition within the 200-foot notification area (2 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: May 29, 2024 City Council 1st Reading/Public Hearing Date: July 23, 2024 City Council 2►,d Reading Date: July 30, 2024 Background: The subject vacant 10.72-acre tract out of a 29.99-acre parent parcel for a master development that is to include Single-Family uses, commercial (Retail Sales and Services/Restaurant) uses, and a commercial (Overnight Accommodation (Hotel)) use. It is located along the east side of State Highway 361 , out of the Mustang Island area, and 2 miles north of the Mustang Island State Park. The subject property is zoned "RM-AT" Apartment Tourist District, which is typical to the Padre/Mustang Island area. The greatest concentration of this district to the Mustang Island area (measuring approximately 6 miles), north of the Mustang Island State Park's Fish Pass, south of the Port Aransas's city-limit line, and along the east side of State Highway 361 . The typical zoning district along the west side of State Highway 361 is "FR" Farm Rural District, the zoning district granted upon annexation, and where zoned otherwise; the result of an amendment to the "FR" district of origin. The area east of State Highway 361, north of the Mustang Island State Park, and south of the Port Aransas city line, was annexed in 2001, while the area west of the highway was annexed 2-3 years prior. To the north of the parcel, properties are zoned "RM-AT" Multi-Family Apartment Tourist District and "FR" Farm Rural District; however, are vacant. To the east of the area of request is the remaining of the parent-parcel zoned "RM-AT" Multi-Family Apartment Tourist District slated for single-family uses and a hotel development. To the west of the site and State Highway 361, properties are zoned "FR" Farm Rural and "RM-AT" Multi-Family Apartment Tourist District and are vacant. The applicant is requesting an amendment to the current district to accommodate a recreational vehicle park use with approximately 98 RV stalls. Incidental uses are to include a community center, maintenance/utility support spaces, swimming pools, shower facilities, and laundry room, among other amenities. The amendment is for phase 2 of 2 of the master development. Phase II also includes construction of townhomes per the Preliminary plat approved by Planning Commission on July 26, 2023. Phase I includes a retail center, hotel, and townhomes. There are mitigation efforts attached to the overall site due to violation issued by the Texas General Land Office; which also include the un-permitted filling and dredging of 1 .2 acres of wetlands within the jurisdiction of the Army Corps of Engineers. The development will impact the entire 7.64 acres of wetland identified on- site. The "RV" Recreational Vehicle Park District provides for the development of tourist accommodations that utilize recreational vehicle parks. Recreational Vehicle parks are restricted to the Recreational Vehicle District; which requires a minimum 3-acre site area. Plan CC Consistency: The proposed rezoning is/is not consistent with the following Elements, Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ 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, Iocational needs, and characteristics of each use. 6. Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. Padre/Mustang Island ADP and FLUM Consistency: The proposed rezoning is consistent with the ADP; however, is inconsistent with the future land use designation of Planned Development. The applicant's proposal is consistent particularly with the vision themes and policy statements and implementation below: • Blended residential community and destination location: o Promote tourist-oriented development. 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 elements of Plan CC; however, it is inconsistent with the future land use designation of Planned Development; therefore, will warrant an amendment to the Future Land Use map. • While the proposed rezoning is inconsistent with the designation of planned development, the proposed development is part of a master plan that includes a mixture of land uses; and thereby would constitute a planned development. The Comprehensive Plan describes planned developments as lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. • The proposed amendment strongly ties into the Blended Residential Community and Destination Location vision theme of the ADP; furthering the development goals of the plan. Tourist-oriented developments are encouraged along the east side of State Highway 361 . The master development is context-sensitive; respects its environment and supports tourism and nearby residents with the mixture of land uses to be provided. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (May 29, 2024): 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 "RM-AT" Multi-Family District to the "RV" Recreational Vehicle District. • Residents are cognizant that tourism is part of the identity of the area; and the public's input shows acknowledgement that a balance must be maintained between preserving this environment, being a safe family-friendly place, and inviting tourism. • Staff finds the proposed use and site contextually fitting. o Located on a barrier island, access to the coast line along the Gulf of Mexico allow for outdoor recreational activities such as exploration by foot afforded by the preservation of public access; and eco-tourism activities such as fishing, paddling the paddling trails of the Mustang Island State Park, birdwatching, and experiencing other wildlife habitats along the Corpus Christi Bay. o When in need of entertainment and dining, the site is located between the City of Corpus Christi and Port Aransas. • Staff also considered the shifts; whether in site typology, the variety in recreational vehicles, type of users or vehicle owners, which, may include destination tourists, nomadic workers, or even those choosing alternatives to traditional brick-and-mortar homes, and distance to points of attraction may not be an impediment. Attachment(s): (A) Metes & Bounds Description and Exhibit (B) Existing Zoning and Notice Area Map (C) Wetland Map, Classification, and Description (D) Returned Notices (A) Metes & Bounds Description and Exhibit A METES AND BOUNDS DESCRIPTION FOR A 10.719 ACRE TRACT REZONING Being a 10.719 acre tract of land situated in the J.W.Waterbury Survey No.596,Abstract No.408,Land Script 167,Nueces County, Texas and being a part of a called 29.999 acre tract described by deed to Mustang Island LLC and being more fully described as follows: Commencing at a%-inch iron rod found for the southwest corner of said 29.999 acre tract of land,same being the northwest corner of Lot 2A,Block 1 of Sunrise Shores,according to the plat recorded in Volume 67 Page 464,Map Records,Nueces County, Texas.and being on the southeast line of State Highway 361(having a 120-foot right-of-way); THENCE North 31 East,with the southeast line of said State Highway 361,a distance of 309.44 feet to the point of beginning; THENCE North 30°17'20"East,a distance of 440.84 feet to a 314-inch iron rod with red cap found for the northeast corner of said 29.999 acre tract; THENCE South 58'23'00"East,with the northeast line of said 29.99 acre tract,a distance of 1,065.24 feet to a point for corner; THENCE South 31°34'35"West,a distance of 439.98 feet to a point for corner; THENCE North 58°25'25"West,a distance of 1,055.33 feet,containing 10.719 acres or 466,902 square feet of land. I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. 1 tip 6, 3 S,LR Cl y @� �q fO J ALLEN W. KERLEY $oF 427o r 4 uR Registered Professional Land Surveyor �T jT Allen W.Kerley,R,P.L.S.No 5427 IBY: CDW APPROVEDBY. AWK ZONING EXHIBIT DATE: 10119f2023 JOB I 2021.1025 DRAWING NAME: WATERBURY ZONING 10.719 ACRES SHEET NO 1 or 2 J.W.WATERBURY SURVEY NO. 596 PROJECTION,TEXAS STATE PLANE SOUTH CENTRAL LAND SCRIPT 167 GEO_DATUM_NAD83 I VERT.DATUM NAVD88ECE37 COUNTY,TEXAS GRID UNITSUS SURVEY FEET l S C S �T.BAKER SMITH REV.NO'. 00 REV.DATE: --1--1-- REV.BY. A CENTURY IF SOLV TIt)N6 R 3654 FM REVISION DESCRIPTION, Araneaa Paso,TX TX 76336 (361 M4-571 B-thsmith.-. Tl#10194575 r / CORPUS MVSTAHG iSt I)ESTATES / CHRISTI PORTO VILAOEO DR BAY i ( � Q 3EP HVIENDR a/�T 9J61 ECT O / 4. PR6PFRTY ,2. VUSTANG �Rp il ISLAND GULF 0- SE wnv0R MEXIGO / r:�r 'dRryq �Rp FRONTSI�EN DR WE 1 i� O! P.O B_ �srPo VICINITY MAP r AQ,� �g� OQ (I-=1MILE) P EXISTING ZONING. RM-AT PROPOSED ZONING: RM/CR ua i,RF. O.C. \ 466,902 SQ. FT. 10.719 ACRES �\ `f PART OF CALLED 29.999 ACRES LOT 2A, BLOCK 1 \. ss MUSTANG ISLAND LLC SUNRISE SHORES VOL.67, PO.464 DOC NO. 2014040031 `\ M.R.N.C.T. 0.P.R.N.C.T. \ tk \ I CERTIFY THAT THIS SURVEY WAS CONDUCTED \ UNDER MY DIRECTION FF AND SUPERVISION, 3 ALLEN W.KERLEY 5427 ell. SUR, Registered Professional Land Surveyor \` Allen W.Kerley,R.P.LS_No.5427 DRAWN BY: CDW APPROVEDBY, AWK ZONING EXHIBIT DATE: 1 011 9/20 23 JOB NO: 2021-1026 DRAWING NAME: WATERBURY ZONING 10.719 ACRES SHEET NO 2 of 2 J.W.WATERBURY SURVEY NO.596 PROJECTION,TEXAS STATE PLANE SOUTH CENTRAL LAND om+SCRIPT 167 GEO.DATUM:NAD83 I VERT AVD88.DATUM:N N[]ECE,7 COUNTY,TEXAS UNITSUS SURVEY FEL—f T.BAKER SMITH REV.NO: 00 REV DATE: --/-4-- REV.BY: — A CENTURY CF ON$ 4AZI 3054 FM 1%60LUTI REVISION DESCRIPTION, A. Pena,TX 783M (381)334-5718-tib—it h... TBPLSM10104575 (B) Existing Zoning and Notice Area Map FR 2 SUBJECT i PROPERTY R,M-A_T 5 X 4 R rT pq(M RM-AT e�gyRa CASE: ZN8120 Zoning and notice Area RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev,Overlay ON Professional Office RS-10 Single-Family 10 RMAT Multifamily AT RS-5 Sing le-Family6 CN-1 Neighborhood Commercial RS-4.5 Single-Fami ly 4,5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial gp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtovm Commercial RMH Manufactured Home Resort Commercial FIR FR Farm Rural H Historic Overlay SUBJECT BP Business Park PROPERTY FONSubo.?r .dy 0 Otarnrs tC ,,ith200 bn/fir in laver o.per ,wn 200,A�eam y owners Cily oj, Esri,HERE allached awrrership rabla in cpposdion Corpus LOCATION MAP Christi (C) Wetland Map, Classification, and Description SUBJECT PROPERTY .pq 'R. I CASE: ZN8120 Yam, City Wetlands =� Wetland Type l__A Estuarine and Marine Oeepwater 0 Estuarine and Marine Wetland Q Freshwater Emergent Wetland Q Freshwater ForestedlShrub Wetland Q Freshwater Pond SUBJECT O Lake PRORERTY 0 Other C111'uf E,,i HERE Q Riverine Co�lnus LOCATION MAP Chrlrl The Freshwater Emergent Wetland habitat is classified as a PEM1A. PEM1A includes: 1 . System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt. 2. Class Emergent (EM): Characterized by erect, rooted, herbaceous hydrophytes, excluding mosses and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. 3. Subclass Persistent (1): Dominated by species that normally remain standing at least until the beginning of the next growing season. This subclass is found only in the Estuarine and Palustrine systems. 4. Water Regime Temporary Flooded (A): Surface water is present for brief periods (from a few days to a few weeks) during the growing season, but the water table usually lies well below the ground surface for most of the season. (D) Returned Notice PUBLIC HEARING NOTICE CITY COUNCIL REZONING CASE No. ZN8120 Mustang Island LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM- AT" Multi-Family Apartment Tourist District to the"RV" Recreational Vehicle Park District resulting in a change to the Future Land Use Mapa The property to be rezoned is described as: A property located at or near 7213 State Highway 361 (SH 361), being 10.72 acres,as described by metes and bounds, located along the east side of State Highway 361, south of Beach View Drive, and north of La Concha Boulevard. The City Council will conduct a public hearing and first reading to discuss and act • on this rezoning request on Tuesday, July 23, 2024, during one of its regular �s meetings,which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning. For more information, call (361)826-3105. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the n City's Comprehensive Plan, will also have the effect of amending the L�J Comprehensive Plan to reflect the approved zoning. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3105. Si usted attender esta junta y dingrse a la commission y su ingles es limitado, alguien estara presente Para ayudarle a interpreter. Para mas informacion, por favor llamar a la oficina del secretario de la cuidad al number 361-826-3105. 7 Tex. Admin. Code§211.006(d), Corpus Christi Unified Dev. Code§3.3.4 To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mall to the return address on this notice or via email to Sara di aR(c),cctexas.com. Property Owner(s) Name: t�•a + Reg .��, Address: tzo C__i(7,,:A &q--, `1�C `783 Phone No.:_3�( -7Yq Gz_q8 ( ) In Favor ;G) in Opposition Reason: Sig at Ire Planner Assigned:Saradja Registre Email:Sarad aR cctexas.com Phone:361-826-3574 INFOR Case No.ZN8120 Property Owner ID:2 f i PUBLIC HEATY RING(NOTICE REZONING CASE No. ZN11120 )f zoning m the ge C Mustang island LLC has petitioned the City of Corpus Christi to consider al a Vehicle Park Di bicro result;RMin a The property to be rezoned is described as: AT"Multi-Famil A artment Tourist District to the"RV` chan a to the Future Land Use Ma Highway 361(SH 361),being 10.72 acres,as described by metes A property located at or near 7213 State of and bounds,located along the east side of State highway 361,south of beach View Drive,and north o La Concha Boulevard. The City Council will conduct a public hearing and first reading to a Of its and on this rezoning request on Tuesda Jul 2. 2024 during meetings,which begins at 11:30 a.m.The hearing will be held-s the City Council Chambers,1201 Leaeo arm You are invited to attend ths public hearing to call(361)826-3105. express your views on this rezoning. For more information, ns _ The City Council may recommend other intermediate ifanconscstentning Fwithothe and/or Special Permits. Approval of a change of zoning, .r City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at feast 48 hours in advance at 361-826-3105. Si usted attender esta junta y dirigrse a la commission y su ingles as limitado, alguien estara presente pars ayudarle a interpreter.Para mas informacion,por favor llamar a la oficina del secretario de la cuidad ai number 361-826-3105. 7 Tex.Admin. Code§211.006(d), Corpus Christi Unified Bev. Code§3.3. To be on the record, this form must be filled out, signed by the current property owner{s), and returned cs entirety via mail to the return address on this notice or via email to arad aR cctexas.com. Property Owner(s)Name: V C l C Ken, Address:_ Phone No.: 1 03` ( ) In Favor ?V In Opposition I Reason- Iln� ©T pli-jpor>y. VotlVe r Signature Planner Assigned:Saradja Registre Email:SaradiaRiaCCtexas.com Phone:361-826-3574 INFOR Case No.ZN8120 Property Owner ID 5 Zoning Case ZN8120 Mustang Island LLC District 4 Rezoning for a property at or near 7213 State Highway 361 (SH-361) From the "RM-AT" Multi-Family Apartment Tourist To the "RV" Recreational Vehicle District „ SUBJECT wo-: ":'PROPERTY SUBJECT PROPERTY A`� N Cityof ES,i.HERE OCATIONMAP Corpus L Ch�9sti eF City Council July 30, 2024 Zoning and Land Use Proposed Use: To allow for a commercial (overnight accommodation) use; particularly a recreational vehicle park. ADP (Area Development Plan): Padre-Mustang Island, Adopted on June 29, 2021 FR FLUM (Future Land Use Map): Planned Development SUBJECT PROPERTY M-AT Existing Zoning District: "RM-AT" Multi-Family Apartment Tourist District Adjacent Land Uses: North: Vacant, Transportation; Zoned: RM-AT, FR N South: Vacant, Low-density Res.; Zoned: RM-AT �wpgMa East: Vacant; Zoned: RM-AT West: Transportation (ROW), Vacant; Zoned: FR, RM-AT Public Notification 4 Notices mailed inside the 200' buffer 1 Notices mailed outside the 200' buffer Notification Area Opposed: 2 (70.89%) X FR Separate Opposed Owners: (2) BJE • Property Owner 2 (9.05%)— Reason for opposition: Z,z�� PROPERTY "Should be a special permit." R,M AT 5 X 4 • Property Owner 5 (61.85%)— Reason for opposition: "Decline of property value." In Favor: 0 (0.00%) 9M, *Notified property owner's land in SQF/Total SQF of all properties in R -AT e�hRo the notification area=Percentage of public in opposition and/or favor. Staff Analysis And Recommendation • The proposed rezoning is consistent with many elements of Plan CC; however, it is inconsistent with the future land use designation of Planned Development; therefore, will warrant an amendment to the Future Land Use map. o The development in context of the overall proposed development, constitutes a planned development; which is defined as lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, considering environmental and other constraints. • The property to be rezoned is suitable for uses permitted by the zoning district requested. • The amendment, as proposed, will not have any negative impact upon the surrounding properties and neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o Tourist-oriented developments are encouraged along the east side of State Highway 361. Residents are cognizant that tourism is part of the identity of the area. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RV" RECREATIONAL VEHICLE PARK DISTRICT CASE.ZN8120 A®wr .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 23, 2024 Second Reading for the City Council Meeting of July 30, 2024 DATE: June 28, 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 6004 Yorktown Boulevard CAPTION: Zoning Case No. ZN8281, Oliver & Saeideh Ommani, and Valiollah Ommani, (District 5). Ordinance rezoning a property at or near 6004 Yorktown from the "RS-6 Single- Family District to the "CN-2" Neighborhood Commercial 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 a retail center. BACKGROUND AND FINDINGS: Note: Applicant amended the original request to the "CG-2" on April 22, 2024. The subject property is a 1 .8-acre parcel out of the southside area, located along the north side of Yorktown Boulevard, a primary arterial road. The subject parcel is also located between South Staples Street to the north and Cimarron Boulevard to the south; both arterial roads. The area is southwest of Saratoga Boulevard, the Oso Creek, and was annexed incrementally between the mid-1980s to the mid 1990s. The area has been developed primarily with medium-density residential uses starting in the early 2000s with Yorktown Boulevard transitioning to a primarily commercial corridor. To the north of the subject parcel are properties that are zoned "RS-6" Single-Family, "IL" Light Industrial, "CN-1/SP" Neighborhood Commercial with a Special Permit, with industrial and low-density residential uses. The properties to the south, out of the Kings Crossings Unit 14B, are zoned "RS-6" Single-Family with low-density residential uses. To the east, is the Kings Point Unit 5, developed with low-density residential uses, and "RS-6" Single-Family. Other properties are zoned "CG-2" General Commercial with commercial use. The properties to the west are zoned "IL" Light Industrial and "RS-6" Single-Family with industrial and low-density residential uses. The residential use to the west of the subject parcel is out of the Kings Crossing Unit 14B. The applicant is requesting to amend the current zoning district to accommodate a retail shopping center with personal-service-oriented uses, restaurant, and office spaces. Site constraints and UDC development standards (will create a commercial development of two buildings with multiple tenants. The "CN-2" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, and overnight accommodation uses. The proposed rezoning is consistent with the many elements of the Comprehensive (Plan CC) and the Future Land Use Map, which designates the property as commercial. Public Input Process: Twenty-three (23) notices were mailed within the 200-foot notification area, and 6 outside the notification area. As of July 19, 2024: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION(May 29, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family District to the "CN-2" Neighborhood Commercial District. Vote Results For: 8 Against: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8281, Oliver & Saeideh Ommani, and Valiollah Ommani, (District 5). Ordinance rezoning a property at or near 6004 Yorktown from the "RS-6 Single- Family District to the "CN-2" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 1.8 Acres out of Lot 11 , Section 10, Flour Bluff Encinal Farm and Garden Tract, as described and shown in Exhibit "A" and "B", from: the "RS-6" Single-Family District to the "CN-2" Neighborhood Commercial District. The subject property is located at or near 6004 Yorktown Boulevard. Exhibit A, a metes and bounds description with exhibit, and Exhibit B, a map, are attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 5 Exhibit A Texas Geo Tech LAND SURVEYING, INC. EXHIBIT"A" Being a 1.80-acre tract of land,more or less,out of LOT ELEVEN(11),SECTION TEN(10),FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS.Nueces County,Texas,and being more particularly described by Metes and Bounds as follows, BEGINNING at an iron pipe found for the southeast corner of Lot 9,Block 4 ofthe King's Point Unit 5 Subdivision,recorded under Volume 64,Pages 7-8 of the Map Records Nueces County Texas,same being northeast corner ofthis tract; THENCE: S 28- 52' 45" W—213.54 feet to a 5l8-inch iron rod set on the north right-of-way line of Yorktown Boulevard,same being the southeast corner of this tract: THENCE:N 61° 19'58"W—with the north right-of-way line of said Yorktown Boulevard,a distance of 366.72 feet to a 5/8-inch iron rod set for the southwest corner of this tract; THENCE: N 28'35' 08"E 214.41 feet to a 51-inch iron rod found for the southwest corner of Lot 12,Block 4 of the said King's Point knit 5 Subdivision.same being the northwest corner of this tract; THENCE: S 61' I F 50" E—367.82 feet to the POINT OF BEGINNING containing 1.80 acres of land,more or less. 1,.Iarrel L.Moore,a Registered Professional Lund Surveyor.do here by certify that to the best of rely knowledge, this Plat represents an actual survey made on the,ground under nrt•supervision and substaruially cowpbes x ith the n innrrem.standards set fiorth br the Texas Board of Professional Land Surveying. Bearings and distances are AA D 1983. Texas South Zone and are based on grid coordinates December,22.2023 (� OF to .................. ARRE'u L. MOCRE el L.Moore December 22.2023 qp 4854 � Register Professional Land Surveyor 231218.doc v'°FessI'. 'oe do � License Number 4854 Page 3 of 5 f' Y W i f,e u ' U4 < a w fix !Hill W f 1 Page 4 of 5 Exhibit B CN- 1 a IL SUBJECT PROPERW R -6 0 sod r'd CASE: ZN8281 SUBJECT PROPERTY WITH ZONING ® 5 Subject .. Property A l AparVnen:House D—t I., L.-d lMurnal Dim— - - 4-rA ApartnwnI House D.— 42 Light PMusNial D— , A-2 Apartment House Dis!r:el 43 Heavry Indusmal Di-im All Pmleseional Ol-Dis[.R PUD Planned Unrt De�elopme AT Apartment-Touns[U— R-FA One Family Dwee�ng DislnIX 5-1 Neghborhd Business Disbrel R-18 0-Family Dwelling D M,rt B-:A oo Neighborhood B... sD—t R-SC One Family pweenq D- 6-2 BayT ,Buvness U'g- R-2 Menlple D--g D—. �` B-2A Barrier lwa Bus�ne..D— PA 0-Family Drelhng U.— 1 E-3 Business D—, RE ResMenvai Estate D,s SUBJECT Ba G—1 R-l—Di— R-TH Townhpµse Dwesurg D.— PROPERTY R5 Pnmary Business D.— BP Bpaciai P.— R-o Pnmary Rus.mess cwe;Y.— T-IA Trascl Trailer Pads Uistreet RD Corpus ehn 1 Beach Desgn D- T-iR Ma,nna�red Hnme Pan Diso-,a City of Esri,HERE F-R Farm Rural D-i. T-iC ManWacw Home Sub M.— Corpus L�CATfON IV�QP HC Hrsbieal-CulWral LandmarY Dlsoiel Christi PreseMtim Page 5 of 5 ZONING REPORT Case # ZN8281 Applicant & Subject Property District: 5 Applicant: Oliver Ommani Owner: Oliver & Saeideh Ommani and Valiollah Ommani Address: 6004 Yorktown Boulevard, located along the north side of Yorktown Boulevard, south of Lipes Boulevard, east of South Staples Street, and west of Cimarron Boulevard. Legal Description: 1 .8 Acres out of Lot 11, Section 10, Flour Bluff Encinal Farm and Garden Tract. Acreage of Subject Property: 1 .8 acres. Pre-Submission Meeting: April 15, 2024. Zoning Request From: "RS-6" Single-Family District To: ""CN-2" Neighborhood Commercial District. (Note: Applicant amended the original request to the "CG-2" on 5/22/24). Purpose of Request: To allow for a retail center. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family Low-Density Residential Commercial "RS-6" Single-Family, "IL" Light Industrial, Industrial, Medium-Density North "CN-1/SP" Neighborhood Low-Density Residential Residential, Commercial Commercial District with a (King's Point Unit 5) Special Permit Transportation South "RS-6" Single-Family (Yorktown Boulevard), Transportation (Yorktown), Low-Density Residential Medium-Density Residential (Kings Crossing 14B) "RS-6" Single-Family, Low-Density Residential, Low-Density Residential, East "CG-2" General Commercial Commercial Commercial Industrial, Transportation Commercial, "RS-6" Single-Family, Transportation West "IL" Ligh Industrial (Yorktown Boulevard), (Yorktown Boulevard), Low-Density Residential Medium-Density Residential (Kings Crossing 14B)I Plat Status: The subject property is not platted. A rezoning must precede a plat application. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing Yorktown "A3" 6 Lanes, 4 Lanes, Boulevard Primary Arterial Median, Median, Divided 130-Foot ROW 120 Foot ROW Transit: The Corpus Christi RTA provides service to the subject property via Route 26 Airlines Lipes with stops near Lipes Boulevard and South Staples Street, and the Lipes Boulevard and Cimarron Boulevard. Bicycle Mobility Plan: The subject property is approximately 950 feet south of planned one- way cycle tracks along each side of Loire Boulevard/ E. Bar Le Doc Boulevard, and a similar mobility infrastructure starts 1,800 feet south, along Yorktown Boulevard. Utilities Gas: Two active 8-inch gas lines exists along the north side of Yorktown Boulevard; one being an HDPE type. Stormwater: A 72-inch active SBC (public grid main) line exists along the south side of Yorktown Boulevard. Wastewater: An active and 8-inch 18-inch PVC (public force main) exists along the north side of Yorktown Boulevard. Water: An 8-inch active PVC (Public Distribution) exists along the north side of Yorktown Boulevard. 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements needed per master plan. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvement have been proposed. Public Notification Number of Notices Mailed 23 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) Public Hearing Schedule Planning Commission Hearing Date: May 29, 2024 City Council 1st Reading/Public Hearing Date: July 23, 2024 City Council 2►,d Reading Date: July 30, 2024 Background: Note: Applicant amended the original request to the "CG-2" on April 22, 2024. The subject property is a 1 .8-acre parcel out of the southside area, located along the north side of Yorktown Boulevard, a primary arterial road. The subject parcel is also located between South Staples Street to the north and Cimarron Boulevard to the south; both arterial roads. The area is southwest of Saratoga Boulevard, the Oso Creek, and was annexed incrementally between the mid-1980s to the mid 1990s. The area has been developed primarily with medium-density residential uses starting in the early 2000s with Yorktown Boulevard transitioning to a primarily commercial corridor. To the north of the subject parcel are properties that are zoned "RS-6" Single-Family, "IL" Light Industrial, "CN-1/SP" Neighborhood Commercial with a Special Permit, with industrial and low- density residential uses. The properties to the south, out of the Kings Crossings Unit 14B, are zoned "RS-6" Single-Family with low-density residential uses. To the east, is the Kings Point Unit 5, developed with low-density residential uses, and "RS-6" Single-Family. Other properties are zoned "CG-2" General Commercial with commercial use. The properties to the west are zoned "IL" Light Industrial and "RS-6" Single-Family with industrial and low-density residential uses. The residential use to the west of the subject parcel is out of the Kings Crossing Unit 14B. The applicant is requesting to amend the current zoning district to accommodate a retail shopping center with personal-service-oriented uses, restaurant, and office spaces. Site constraints and UDC development standards (will create a commercial development of two buildings with multiple tenants. The "CN-2" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, and overnight accommodation uses. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on computability, locational needs, and characteristics of each. ■ Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise, and visual blight on surrounding areas. ■ Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. ■ Screening fences, open space, or landscaping can provide an essential buffer between shopping and residential areas. • Southside ADP and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Southside ADP and FLUM designation of commercial. 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 the many elements of the Comprehensive (Plan CC) and the Future Land Use Map, which designates the property as commercial. • The proposed rezoning is compatible with neighboring properties along Yorktown Boulevard and with the general character of the surrounding area. This rezoning will not have a negative impact on the surrounding neighborhood regarding noise. • Staff has concluded that the adjacent neighborhoods would be better served by the "CN-2" District that fronts Yorktown Boulevard than the "CG-2" Neighborhood Commercial District, as the "CG-2" would allow bar/tavern uses. • The nature of the Yorktown corridor from South Staples to Cimarron Boulevard, approximately 1 mile in length, is developing as commercial in nature. • A Type B Buffer Yard will be required consisting of a minimum 10-foot-wide buffer yard plus at least 10 points as defined in Section 4.9.5. A. of the Unified Development Code. (UDC), minimally achieved by an 8-foot, solid wood screening fence. Alternatively, 10 points may be achieved by an 8-foot, concrete panel wall. Planning Commission and Staff Recommendation (May 29, 2024): 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" Single-Family District to the "CN-2" Neighborhood Commercial District. Attachment(s): (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit Texas Geo Tech LAND SURVEYING, INC. EXHIBIT"A" Being a 1.80-acre tract of land,more or less,out of LOT ELEVEN(11),SECTION TEN(10),FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS.Nueces County.Texas,and being more particularly described by Metes and Bounds as follows: BEGINNING at an iron pipe found for the southeast corner of Lot 9, Block 4 of the King's Point Unit 5 Subdivision, recorded under Volume 64, Pages 7-8 of the Map Records Nueces County Texas, same being northeast corner of this tract; THENCE: S 28� 52' 45" W-213.54 feet to a 5M-inch iron rod set on the north right-of-way line of Yorktown Boulevard,same being the southeast corner of this tract: THENCE: N 61' 19' 58" W-with the north right-of-way line of said Yorktown Boulevard,a distance of 366.72 feet to a 5/8-inch iron rod set for the southwest corner of this tract; THENCE: N 28' 35' 08" E 214.41 feet to a 518-inch iron rod found for the southwest corner of Lot 12, Block 4 of the said King's Point Unit 5 Subdivision, same being the northwest corner of this tract; THENCE: S 61' 11' 50" E -367.82 feet to the POINT OF BEGINNING containing 1.80 acres of land, more or less. 1,.lurrel L. Moore. u Regisiered Professional Lund Surveyor. do here by cerrifj'that io the best of'nr v knowledge, thhplai represents an actual survey made on the ground under nry supervision and.substandully cornphes x ith the nrinrnrunr slundarrLs set frrrth h� the Texas Board of Professional Land Sw'veyirvg. Beurirtgs artd distances ore h'AD 1983. Texas South Zone and are bused on grid coordinates Decv+nher 22.2023 OF ..................1. ... RRE;� VOORE el L. Moore December 22.2023 0- 4g5--' Register Professional Land Surveyor 231218.doc 91 -5 �`���a License Number 4854 / Z ° . / Ow / ` \ / - Q - @ : § / ƒ / / ^ Z U/ Z 5 ) | . \ \� 6S.2 ( z E E {: § - � / § \\; 2 (B) Existing Zoning and Notice Area Map CN- 1 a sIR� IL SUBJECT PROPERyT- R - 6 Y0 R 0�'N C N- Mq,�M Q<ya CASE: ZN8281 SUBJECT PROPERTY WITH ZONING w' k Sub1ect Pro perry A-9 Ap trnwrc Hwf�DrsEc1 W L�mihtl Indvsnn iMs— A-tA AparYnprt Hws.D,strtpl Y 2 Lght h,tlustraa+J)— A-2 AparpP.nt Hour.D,,r 13 H.a.y IM"..''D.— AB P,&-. nal offi-[Nsvtct PVD PL—d Unit De+elwm AT Apartm.m.-T rts[D+swa R•Ih Dtr Farrah DrN'irty DisvY g.n NergRLo.frood Rus.ness Drstrrct R-IB DA.FamIV Daren:N D.strvn B-1A ,:-gh ,00d B...-:D.1-1 R•tC. 0-F_,,DwN�.N 0,.%— R-2 Bayhmt Busm.ss 0,11 R-2 Lk**a D-11.g Dutnrs 8-2A B—Iatar,p Business DSVICS Rh 0—F—m,D-46.q D.1 - 0 -3 Buversa D-a RE R..dr E—Dlr'np1. SUBJECT E,4 DnaW*OuWmsD„v,, R-TH Tp.o. DwYneDs t PROPERTY B-S P-wy Busin.aa DKv,e1 SP SP.e�r Pr — B-0 P-7 WOWS.Cp.-Dtst T-1 r1 Travel T'.ar Paw D+saw BD CAS cma BNch D—W Oat 1118 MrelapNntl H—F&A D O,& (, 1 i l ti TI + P-W DUVIO TAC Ltp d.=w 4—��btl.thsm, ['c11',111 EsfI,HERE F-R F HC Hboasl-CriralL.Id." D1, i LOCAOIH MAP l I�I I Zoning Case ZN8281 Oliver & Saiedeh Ommani, & Valiollah Ommani District 5 Rezoning for a property at or near 6004 Yorktown Boulevard From the "RS-6" Single-Family District To the "CN-2" Neighborhood Commercial District 14 i.. SUBJECT , l' w V✓.r: PROPERTY 1 .I. C SUBJECT UR n PROPERTY Esri.HERE _ LOCATION MAP 11 � Chicri City Council July 23, 2024 Zoning and Land Use Proposed Use: To allow for a retail center. CN-1 08-13-2018(SP) ADP (Area Development Plan): / Southside ADP (Adopted on March 17, 2020) \ SrRgc�� FLUM (Future Land Use Map): Commercial IL ~\ suerEcr 08-13-2018 PROPERLY Existing Zoning District: R5.6 "RS-6" Single-Family 6 District; the property is not platted. Adjacent Land Uses: CN-1 North: Industrial, Low-Density Residential; Zoned: RS-6, IL °R 03-31-2024 South: ROW, Low-Density Residential; Zoned: RS-6 N East: Low-Density Residential, Commercial, ROW; 1 Zoned: RS-6, CG-2 West: Industrial, ROW, Low-Density Residential; Zoned: IL, RS-6 Public Notification 23 Notices mailed inside the 200' buffer 6 Notices mailed outside the 200' buffer �i ~ CN-1 A@/ 15 Notification Area 2 14 13 Opposed: 0 (0.00%) IL 12 11 Separate Opposed Owners: (0) sue„cr 10 POPE RTY 9 8 r� mow 2 M �D In Favor: 0 (0.00%) 21 20 23 19 CM-1 •RqM\Off, 6 5 N 4 3 *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. If Staff Analysis and Recommendation • The proposed rezoning is consistent with the Comprehensive, (Plan CC) and the Future Land Use Map's designation of Commercial. • The proposed rezoning is compatible with neighboring properties along Yorktown Boulevard and with the general character of the surrounding area. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL. TO THE "CN-2" NEIGHBORHOOD COMMERCIAL DISTRICT a � CASE:ZN8281 �. . .. �o o� � v '60RpOg 11 AGENDA MEMORANDUM 1852 Public Hearing and Action Item for the City Council Meeting of July 23, 2024 DATE: July 23, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)cctexas.com (361) 886-2601 Public Hearing and Ordinance approving the Fiscal Year 2025 Corpus Christi Crime Control District Budget CAPTION: Ordinance approving the Corpus Christi Crime Control and Prevention District Budget for FY 2025 with revenues of $9,441,101.00 and fund balance of $2,429,984.00 totaling $11,871,085.00 and expenditures of $11,871,085.00 to fund 78 authorized Police sworn personnel and eight replacement vehicles, and equipment to support both; and appropriating $11,871,085.00 in the Crime Control and Prevention District Fund. SUMMARY: The purpose of this Ordinance is to hold a public hearing and approve the FY 2025 Crime Control and Prevention District Budget as mandated by the State law governing this type of district. BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for five years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, on April 14, 2007 for ten years and on November 8, 2016 for ten years. This continues the 1/8 cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The proposed $11,871,085.00 budget provides funding for 78 officers, eight replacement vehicles, and equipment to support both. Texas Government Code, Subchapter E Section 363.205(a) requires a public hearing to be held on the budget no later than the 45th day before the date each fiscal year begins, and section 363.205(d) requires the governing body of the district approve or reject the budget no later than the 30th day before the date each fiscal year begins. The Crime Control and Prevention District held three meetings to review their FY 2025 Proposed Budget. The three meetings were held in March, April, and May, respectively. The Crime Control and Prevention District then held a public hearing on June 12, 2024, and adopted the budget the same day. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. ALTERNATIVES: The alternative is not to approve the approving FY 2025 Corpus Christi Crime Control and Prevention District Budget; however, is it is not approved, the $11,871,085.00 will not be available. As a result, the 78 authorized Police sworn personnel, eight replacement vehicles, and equipment to support both will not be funded. FISCAL IMPACT: This item represents revenues in a total amount of $9,441,101.00 in Fund 9010 Crime Control and Prevention District fund for FY 2025 to support $11,871,085.00 in expenditures which will allow for funding of 78 authorized Police sworn personnel, eight replacement vehicles, and equipment to support both. The FY 2025 Corpus Christi Crime Control and Prevention District Budget includes a $2,429,984 intentional drawdown of fund balance. The financial plan is to transition 15 police officer positions to the General Fund over the course of FY 2026 and FY 2027. FUNDING DETAIL: Fund: 9010— Crime Control and Prevention District Organ ization/Activity: 11711 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Amount: $9,621,085.00 Fund: 9010— Crime Control and Prevention District Organ ization/Activity: 11717 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Amount: $1,400,000.00 Fund: 9010— Crime Control and Prevention District Organization/Activity: 11718 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Amount: $750,000.00 Fund: 9010— Crime Control and Prevention District Organ ization/Activity: 80000 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Amount: $100,000.00 RECOMMENDATION: Staff recommends approving the Corpus Christi Crime Control and Prevention District Budget, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Budget adopted by the Crime Control and Prevention District Board of Directors Ordinance approving the Corpus Christi Crime Control District budget for FY 2024-2025 beginning October 1, 2024, and ending September 30, 2025, with revenues in a total amount of $9,441,101.00 and expenditures in a total amount of$11,871,085.00 to fund 78 authorized Police sworn personnel and 8 vehicles, and equipment to support both; and appropriating $11,871,085.00 in the Crime Control and Prevention District Fund. WHEREAS, the Crime Control and Prevention District Board held a public hearing on June 12, 2024, and adopted FY 2024-2025 budget in compliance with all legal requisites including notice of the public hearing published in a newspaper of general circulation in the district not later than 10 days before the hearing; and WHEREAS, a public hearing was held during a meeting of the City Council in compliance with all legal requisites including notice of the public hearing published in a newspaper of general circulation in the district not later than 10 days before the hearing. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2024-2025 budget for the Corpus Christi Crime Control and Prevention District is approved. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CITY OIL CORPUS CHRISTI, TEXAS C rfl'me C ontrrW and Prevenflon Dist Actt Fly 2024-2025 Piroposed Budget C��r0`�TI Z \DISTRICT 1 i Adopted: June 12, 2024 I Crime Control & Prevention FY 122 - 2023 Actual Revenues • • FY 123 - 2024 Year End Revenue & Expenditure FY 124 - 2025 Proposed Budget Original Actuals Budget Budget Estimated AccountDescription • • Proposed Beginning Balance $ 6,682,246 $ 6,155,088 $ 6,953,626 $ 6,953,626 $ 5,059,328 Revenues Sales Tax $ 8,956,545 $ 8,934,931 $ 8,934,931 $ 9,142,157 $ 9,280,101 Interest on Investments 176,695 128,965 128,965 215,494 161,000 Net Inc./Dec. in FV of Investments 39,836 - - - - Sale of Scrap/City Property 1,067 - - 5,568 - Total Current Revenues 9,174,143 9,063,896 9,063,896 9,363,219 9,441,101 Total Funds Available 15,856,389 15,218,984 16,017,522 16,316,845 14,500,429 Expenditures Police Officer Costs 8,064,467 9,262,350 9,269,216 9,117,426 9,621,085 Public Safety Vehicles & Equipment 838,296 1,150,000 1,390,096 1,390,091 1,400,000 Police Academy Costs - 750,000 750,000 750,000 750,000 Reserve Appropriation - 100,000 - - 100,000 Total Expenditures 8,902,763 11,262,350 11,409,312 11,257,517 11,871,085 Ending Balance $ 6,953,626 3,956,634 4,608,210 5,059,328 2,629,344 Crime Control & Prevention Police Officer Costs Proposed • • Budget Original Amended BudgetActuals . . Proposed AccountDescription1 I I 1 123 - 2024 2023- 2024I 1 Salaries and Wages 4,612,100 5,043,274 5,043,274 5,230,088 5,439,260 Overtime 468,132 510,000 510,000 515,903 525,302 Other Pay 197,277 300,000 300,000 261,309 300,000 Retirement 1,293,536 1,416,492 1,416,492 1,459,520 1,502,958 Group Insurance Benefits 816,232 860,000 860,000 686,951 722,106 Other Employee Benefits 13,377 25,257 25,257 15,089 15,096 Clothing 55,548 91,052 91,052 59,642 91,056 Fuel & Lubricants 134,276 159,135 159,135 112,920 159,144 Minor Tools & Equipment 278,812 600,000 606,866 536,997 600,000 Minor Computer Equipment 42 - 72 72 - Maintenance & Repairs 344 309 237 - 312 Professional Services - 1,030 1,030 - 1,030 Vehicle Repairs 12 309 309 26 309 Telephone/Telegraph Service 17,103 28,885 28,885 18,860 28,896 Building Maintenance & Service 113 - - - - Equipment Maintenance - 1,030 1,030 - 1,030 Police Supplemental Insurance 8,280 9,587 9,587 9,360 9,588 Police Vision Insurance 4,326 6,340 6,340 4,725 6,348 Sworn Employee - Dental 22,185 30,434 30,434 26,580 30,444 Travel 863 - - 169 - Self Insurance Allocation 141,912 179,215 179,215 179,215 188,206 8,064,467 9,262,350 9,269,216 9,117,426 9,621,085 FTES: FY 2021/2022 - 63 Police Officers FY 2022/2023 - 78 Police Officers FY 2023/2024 - 78 Police Officers FY 2024/2025 - 78 Police Officers General Liability provides funding for insurance that covers vehicles, mobile equipment, property, buildings via general liability & excess liability insurance, fleet catastrophic insurance and auto physical damage insurance. Workers Compensation pays for costs associated with work-related injuries. The program also provides funding to educate the workforce on safe work habits, develop safety programs & initiatives, and provide employees with training on the proper use of equipment & on how to protect themselves while working for the city. Risk Administration costs provide funding for the staff responsible for identifying the risk of loss faced by the City and developing cost effective strategies to avoid, prevent, transfer and finance such losses. The Risk Management Division is responsible for procuring insurance, administering general and auto liability claims, the workers' compensation process and the safety needs of the organization city-wide. Litigation Support costs are based on the salaries of the city attorneys and claim adjusters assigned to perform work on issues & cases associated to the Risk Management Department. Crime Control / Public Safety Vehicles & Equipment AccountProposed Expenditure Budget Original Amended Actualls Budget Budget Proposed 1 1 1 1111I Estimated Description r 1 1 Minor Tools & Equipment 64,372 400,000 503,107 503,107 500,000 Other Debt Principal 200,891 - - - - Vehicles & Machinery 573,033 750,000 886,989 886,984 900,000 Other Equipment - - - - - Totals 838,296 1,150,000 1,390,096 1,390,091 1,400,000 FY 2022/2023 - 5 replacement vehicles and 3 additional vehicles FY 2023/2024 - 8 replacement vehicles OriginalCrime Control & Prevention District Proposed Expenditure Budget BudgetActuals Estimated Proposed Account • - • • Minor Tools &Equipment - 750,000 750,000 750,000 750,000 Totals - 750,000 750,000 750,000 750,000 Crime Control & Prevention Reserve Appropriation Proposed Expenditure Budget Original Amended AccountActuals Budget Budget Estimated Proposed Description1 1 1 1 1 1 1 12024 -2025 Reserve Appropriation - 100,000 - - 100,000 Totals - 100,000 - - 100,000 • u FY 2025 Proposed Budget Crime Control and Prevention District City Council July 23, 2024 History & • On November 4, 1997, voters established the Corpus Christi Crime Control and Prevention District (CCCPD) for five years beginning April 1, 1998. • Voters renewed the District on November 6, 2002 for five years • On April 14, 2007, voters renewed the District for ten years • On November 8, 2016, voters renewed the District for ten years • In November of 2026, the voters can approve to renew—CCCPD is set to expire on April 1, 2027 • In general, the District Board shall manage, control, and administer district funds • Not later than the 100th day before FY begins, the District Board shall hold a public hearing • Not later than the 80th day before FY begins, the District Board shall adopt a budget • City Council shall approve or reject the budget submitted by the board. City Council may not amend the budget. If City Council rejects the budget submitted by the board, City Council and the District Board shall meet to amend and approve the budget before the beginning of the fiscal year Budget Summary Revenues: • Crime Control and Prevention District is funded with one- eighth of one percent sales tax Expenditures: • FY 2025 Proposed Expenditure Budget funds — 78 sworn Police Officer positions — 8 marked police package vehicle replacements cost increase — Overtime increased by $15,300 — Continue new Police Academy costs - $750,000 — $500,000 in minor tools and equipment - $200,000 increase for IT costs Budget Overview =MEN t 0 : Adopted Amended . .. Beginning Fund Balance $6,682,246 $6,155,088 $6,953,626 $6,953,626 $5,059,328 Total Revenue $9,174,143 $9,063,896 $9,063,896 $9,363,219 $9,441,101 Total Expenditures $8,902,763 $11,262,350 $11,409,312 $11,257,517 $11,871,085 Ending Fund Balance $6,953,626 $3,956,634 $4,608,210 $5,059,328 $2,629,344 • The FY 2025 Corpus Christi Crime Control and Prevention District Budget includes a $2,429,984 intentional drawdown of fund balance. The financial plan is to transition 15 police officer positions to the General Fund over the course of FY 2026 and FY 2027. Revenues 0 - FY 2024 FY 2024 ... Proposed BudgetActuals Sales Tax Revenue $8,956,545 $8,934,931 $8,934,931 $9,142,157 $9,280,101 Interest on Investments $176,695 $128,965 $128,965 $215,494 $161,000 Net Inc./Dec.in FV of Investments $39,836 $0 $0 $0 $0 Sale of Scrap/City Property $1,067 $0 $0 $5,568 $0 Total $9,174,143 $9,063,896 $9,063,896 $9,363,219 $9,441,101 Expenditures FY,.?02 Ad opted Amended ... Act..': Budget Budget Actuals Budget Police Officer Costs $8,064,467 $9,262,350 $9,269,216 $9,117,426 $9,621,085 Public Safety Vehicles&Equipment $838,296 $1,150,000 $1,390,096 $1,390,091 $1,400,000 Police Academy Costs $0 $750,000 $750,000 $750,000 $750,000 Reserve Appropriation $0 $100,000 $0 $0 $100,000 Total $8,902,763 $11,262,350 $11,409,312 $11,257,517 $11,871,085 FY 2025 Proposed Budget Crime Control and Prevention District City Council July 23, 2024 � S cl �o o� � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 30, 2024 DATE: July 30, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Director of Water Systems and Support Services NickW(u)cctexas.com 361-826-1796 Wesley Nebgen, Director of Water System Infrastructure WeslevN(a-)cctexas.com (361) 826-1200 Josh Chronley, Assistant Director of Finance & Procurement Joshc2(5�cctexas.com (361) 826-3169 Closed Circuit Televised (CCTV) Inspection, Cleaning of Large Diameter Wastewater Lines for Corpus Christi Water CAPTION: Motion authorizing execution of a one-year service agreement, with two one-year options, with CSI Consolidated, LLC, dba AIMS Companies, of Houston, in an amount not to exceed $723,785.00, with a potential amount up to $2,171 ,355.00 if options are exercised, for closed circuit televised inspection and cleaning of large diameter wastewater lines for Corpus Christi Water, with FY 2024 funding of $120,631.00 from the Wastewater Fund. SUMMARY: This service agreement will assist Corpus Christi Water with the Closed Circuit Televised (CCTV) inspection and cleaning of large diameter wastewater lines as required by the Consent Decree. BACKGROUND AND FINDINGS: The CCTV inspection of the large diameter wastewater gravity mains is critical to the proper condition assessment of these assets. Cleaning of these gravity lines will ensure that they are functioning properly and as designed. Proper condition assessment and analysis is a critical component of planning for future Capital Improvement Projects (CIP) and the design of projects that would target capacity constraints. The cleaning and inspection of these large diameter wastewater gravity lines is also a requirement of the Consent Decree agreement. Large diameter gravity mains are defined as having a diameter that is 24" or greater. CCW operates CCTV cleaning and inspection equipment, but it is only equipped for small diameter gravity lines with a maximum diameter of 18". PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for a new contract for closed circuit televised inspection and cleaning of storm water lines for Corpus Christi Water. The City received two responsive, responsible bids, and one non-responsive bid. Staff is recommending the award to the incumbent, CSI Consolidated LLC, dba Aims Companies, of Houston. CSI Consolidated LLC, dba Aims Companies, has performed well under previous contracts and staff is satisfied with their performance. The chart below shows cost comparison of bids submitted in 2023 vs. 2024 for the same services with the same vendor. 2023 CSI Consolidated 2024 CSI Consolidated LLC, dba AIMS Companies LLC, dba AIMS Companies Variance per Percentage Houston, TX Houston, TX Year Increase Inspection Total Price Total Price Total Price and Cleaning 12 month cost $ 710,500.00 $ 723,785.00 $13,285.00 1.9% ALTERNATIVES: An alternative to awarding this service agreement would be to solicit quotes each time services are required, which would result in a time delay due to the procurement processes. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 24 is $120,631 .00 from the Wastewater Fund. FUNDING DETAIL: Fund: 4200 Wastewater Organization: 33410 WW Collections Major Maint & Repair Department: 46 Wastewater Project # (CIP Only): N/A Activity: N/A Account: 530235 Infrastructure Maintenance Amount: $120,631 .00 RECOMMENDATION: Staff recommends approval to execute this motion authorizing a one-year service agreement, with two one-year options, with CSI Consolidated, LLC, dba AIMS Companies, of Houston, for CCTV inspection, cleaning for Corpus Christi Water as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement City of Corpus Christi Bid Tabulation Finance-Procurement Department RFB 5820 Senior Buyer:Cynthia Perez Closed Circuit Televised(CCTV)Cleaning And Inspection of Large Diameter Wastewater Lines CSI Consolidated LLC,dba ACE Pipe Cleaning,Inc. Pro-Pipe, Inc. AIMS Companies Houston,TX Kansas City,MO Grand Prairie,TX 12 Unit Unit - Item Description Unit Month Price Total Price Unit Price Total Price Price Total Price Qt . 1 JOB MOBILIZATION SEWER CLEANING,CCTV EA 1 $ 500.00 $ 500.00 $ 5,000.00 $ 5,000.00 $ 2 TRAFFIC CONTROL ARTERIAL STREET DAY 20 $ 300.00 $ 6,000.00 $ 2,875.00 $ 57,500.00 $ 3 TRAFFIC CONTROL COLLECTOR STREET DAY 10 $ 300.00 $ 3,000.00 $ 1,850.00 $ 18,500.00 $ 4 TRAFFIC CONTROL LOCAL ACCESS STREET DAY 20 $ 300.00 $ 6,000.00 $ 375.00 $ 7,500.00 $ 5 TRAFFIC CONTROL TXDOT ROW DAY 5 $ 2,000.00 $ 10,000.00 $ 3,000.00 $ 15,000.00 $ 6 TRAFFIC CONTROL CHANGEABLE VARIABLE DAY 40 $ 100.00 $ 4,000.00 $ 350.00 $ 14,000.00 $ MESSAGE BOARDS(EA) 7 LIGHT TO MEDIUM CLEANING 10"PIPE SIZE LF 3,000 $ 4.25 $ 12,750.00 $ 1.10 $ 3,300.00 $ 8 LIGHT TO MEDIUM CLEANING 12"PIPE SIZE LF 2,000 $ 4.25 $ 8,500.00 $ 1.25 $ 2,500.00 $ 9 LIGHT TO MEDIUM CLEANING 16"PIPE SIZE LF 2,000 $ 4.25 $ 8,500.00 $ 1.25 $ 2,500.00 $ 10 LIGHT TO MEDIUM CLEANING 18"PIPE SIZE LF 2,000 $ 4.75 $ 9,500.00 $ 1.65 $ 3,300.00 $ 11 LIGHT TO MEDIUM CLEANING 20"-21"PIPE SIZE LF 600 $ 4.75 $ 2,850.00 $ 1.85 $ 1,110.00 $ 12 LIGHT TO MEDIUM CLEANING 24"PIPE SIZE LF 500 $ 4.85 $ 2,425.00 $ 2.20 $ 1,100.00 $ 13 LIGHT TO MEDIUM CLEANING 27"PIPE SIZE LF 500 $ 4.85 $ 2,425.00 $ 3.30 $ 1,650.00 $ 14 LIGHT TO MEDIUM CLEANING 30"PIPE SIZE LF 500 $ 4.00 $ 2,000.00 $ 4.50 $ 2,250.00 $ 15 LIGHT TO MEDIUM CLEANING 36"PIPE SIZE LF 1,000 $ 4.00 $ 4,000.00 $ 5.95 $ 5,950.00 $ 16 LIGHT TO MEDIUM CLEANING 42"PIPE SIZE LF 500 $ 5.00 $ 2,500.00 $ 7.65 $ 3,825.00 $ 17 LIGHT TO MEDIUM CLEANING 48"PIPE SIZE LF 500 $ 5.00 $ 2,500.00 $ 8.85 $ 4,425.00 $ 18 LIGHT TO MEDIUM CLEANING 54"PIPE SIZE LF 1,000 $ 6.00 $ 6,000.00 $ 11.00 $ 11,000.00 $ 19 LIGHT TO MEDIUM CLEANING 60"PIPE SIZE LF 1,000 $ 6.00 $ 6,000.00 $ 12.50 $ 12,500.00 $ 20 HEAVY CLEANING 10"PIPE SIZE LF 3,000 $ 6.50 $ 19,500.00 $ 7.25 $ 21,750.00 $ 21 HEAVYCLEANING 12"PIPE SIZE LF 3,000 $ 6.50 $ 19,500.00 $ 7.25 $ 21,750.00 $ 22 HEAVY CLEANING 16"PIPE SIZE LF 2,000 $ 6.50 $ 13,000.00 $ 8.00 $ 16,000.00 $ 23 HEAVYCLEANING 18"PIPE SIZE LF 1,000 $ 8.00 $ 8,000.00 $ 8.65 $ 8,650.00 $ 24 HEAVYCLEANING 20"-21"PIPE SIZE LF 1,000 $ 8.00 $ 8,000.00 $ 10.85 $ 10,850.00 $ 25 HEAVYCLEANING 24"PIPE SIZE LF 4,0001$ 10.00 $ 40,000.00 $ 12.00 $ 48,000.00 $ 26 HEAVY CLEANING 27"PIPE SIZE LF 4,000 $ 10.00 $ 40,000.00 $ 12.75 $ 51,000.00 $ 27 HEAVY CLEANING 30"PIPE SIZE LF 2,800 $ 14.50 $ 40,600.00 $ 14.85 $ 41,580.00 $ 28 HEAVY CLEANING 36"PIPE SIZE LF 4,000 $ 14.50 $ 58,000.00 $ 16.50 $ 66,000.00 $ 29 HEAVYCLEANING 42"PIPE SIZE LF 2,000 $ 22.00 $ 44,000.00 $ 19.00 $ 38,000.00 $ 30 HEAVYCLEANING 48"PIPE SIZE LF 2,000 $ 22.00 $ 44,000.00 $ 22.50 $ 45,000.00 $ 31 HEAVYCLEANING 54"PIPE SIZE LF 1,000 $ 30.00 $ 30,000.00 $ 25.75 $ 25,750.00 $ 32 HEAVY CLEANING 60"PIPE SIZE ILF 1 1,0001$ 30.001$ 30,000.00 1$ 30.30 1$ 30,300.00 1$ 33 HEAVY GROUT REMOVAL CLEANING 10"PIPE SIZE LF 200 $ 9.50 $ 1,900.00 $ 9.50 $ 1,900.00 $ 34 HEAVY GROUT REMOVAL CLEANING 12"PIPE SIZE LF 200 $ 9.50 $ 1,900.00 $ 15.50 $ 3,100.00 $ 35 HEAVY GROUT REMOVAL CLEANING 16"PIPE SIZE LF 200 $ 9.50 $ 1,900.00 $ 15.50 $ 3,100.00 $ 36 HEAVY GROUT REMOVAL CLEANING 18"PIPE SIZE LF 500 $ 10.00 $ 5,000.00 $ 25.10 $ 12,550.00 $ 37 HEAVY GROUT REMOVAL CLEANING 20-21"PIPE SIZE LF 300 $ 10.00 $ 3,000.00 $ 25.60 $ 7,680.00 $ 38 HEAVY GROUT REMOVAL CLEANING 24"PIPE SIZE LF 1,000 $ 16.00 $ 16,000.00 $ 29.00 $ 29,000.00 $ 39 HEAVY GROUT REMOVAL CLEANING 27"PIPE SIZE LF 1,000 $ 16.00 $ 16,000.00 $ 29.00 $ 29,000.00 $ 40 HEAVY GROUT REMOVAL CLEANING 30"PIPE SIZE LF 1,000 $ 24.00 $ 24,000.00 $ 29.00 $ 29,000.00 $ 41 HEAVY GROUT REMOVAL CLEANING 36"PIPE SIZE LF 2,000 $ 24.00 $ 48,000.00 $ 32.00 $ 64,000.00 $ 42 HEAVY GROUT REMOVAL CLEANING 42"PIPE SIZE LF 2,000 $ 30.00 $ 60,000.00 $ 35.00 $ 70,000.00 43 HEAVY GROUT REMOVAL CLEANING 48"PIPE SIZE LF 400 $ 30.00 $ 12,000.00 $ 39.00 $ 15,600.00 44 HEAVY GROUT REMOVAL CLEANING 54"PIPE SIZE LF 100 $ 53.00 $ 5,300.00 $ 48.00 $ 4,800.00 45 HEAVY GROUT REMOVAL CLEANING 60"PIPE SIZE LF 100 $ 53.00 $ 5,300.00 $ 52.00 $ 5,200.00 46 REVERSE SET-UP ALL PIPE SIZES EA 50 $ 1.00 $ 50.00 $ 100.00 $ 5,000.00 $ 47 BUCKETCLEANING 36"PIPE SIZE LF 2,000 $ 1.00 $ 2,000.00 $ 22.00 $ 44,000.00 48 BUCKET CLEANING 42"PIPE SIZE LF 2,000 $ 1.00 $ 2,000.00 $ 28.00 $ 56,000.00 491 BUCKET CLEANING 48"PIPE SIZE LF 2,000 $ 1.00 $ 2,000.00 $ 39.00 $ 78,000.00 50 BUCKET CLEANING 54"PIPE SIZE LF 2,000 $ 1.00 $ 2,000.00 $ 42.50 $ 85,000.00 51 BUCKET CLEANING 60"PIPE SIZE LF 500 $ 1.00 $ 500.00 $ 48.50 $ 24,250.00 52 CCTV 10"PIPE SIZE LF 3,000 $ 0.50 $ 1,500.00 $ 1.05 $ 3,150.00 $ 53 CCTV 12"PIPE SIZE LF 3,000 $ 0.50 $ 1,500.00 $ 1.05 $ 3,150.00 $ 54 CCTV 16"PIPE SIZE LF 2,000 $ 0.50 $ 1,000.00 $ 1.05 $ 2,100.00 $ 55 CCTV 18"PIPE SIZE LF 2,000 $ 0.50 $ 1,000.00 $ 1.25 $ 2,500.00 $ 56 CCTV 20-21"PIPE SIZE LF 3,000 $ 0.50 $ 1,500.00 $ 1.50 $ 4,500.00 $ 57 CCTV 24"PIPE SIZE LF 5,000 $ 0.50 $ 2,500.00 $ 1.75 $ 8,750.00 $ 58 CCTV 27"PIPE SIZE LF 3,500 $ 0.50 $ 1,750.00 $ 2.00 $ 7,000.00 $ 59 CCTV 30"PIPE SIZE LF 3,000 $ 0.50 $ 1,500.00 $ 2.00 $ 6,000.00 $ 60 CCTV 36"PIPE SIZE LF 3,000 $ 0.50 $ 1,500.00 $ 2.75 $ 8,250.00 $ 61 CCTV 42"PIPE SIZE LF 1,200 $ 0.50 $ 600.00 $ 2.75 $ 3,300.00 $ 62 CCTV 48"PIPE SIZE LF 1,000 $ 0.50 $ 500.00 $ 3.25 $ 3,250.00 $ 63 CCTV 54"PIPE SIZE LF 1,000 $ 0.50 $ 500.00 $ 3.25 $ 3,250.00 $ 64 CCTV 60"PIPE SIZE LF 1,000 $ 0.50 $ 500.00 $ 3.25 $ 3,250.00 $ 65 DRY SOLIDS REMOVAL AND HAULING 12 YD TRUCK LOAD EA 10 $ 43.50 $ 435.00 $ 4,200.00 $ 42,000.00 $ 66 DISPOSAL FEE AT LANDFILL TRUCK LOAD($46.00/TON) TON 100 $ 46.00 $ 4,600.00 $ $-4 $ TOTAL $ 723,785.00 $ 1,265,170.00 Non-Responsive Math errors Math errors CSI Consolidated LLC,dba AIMS Companies Ace Pipe 65.bid sheet 36.bid sheet shows$4,000 instead of 51.bid sheet shows$2,000 shows $5,000 instead of$500 $420,000 instead of $42,000 37.bid sheet shows$2,400 instead of 61.bid sheet shows$1,200 $3,000 instead of$600 Total on bid sheet is Total on bid sheet is$726,285.00 instead $1,643,170.00 of$723,785.00,difference of$2,500. instead of $1,265,170.00, difference of $378,000. DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 ,bus cr 0 > SERVICE AGREEMENT NO. 5820 U Closed Circuit Televised (CCTV) Cleaning And Inspection NO RPON Af� 1852 of Large Diameter Wastewater Lines THIS Closed Circuit Televised (CCTV) Cleaning And Inspection of Large Diameter Wastewater Lines Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CSI Consolidated LLC dba Aims Companies ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Circuit Televised (CCTV) Cleaning And Inspection of Large Diamater Wastewater Lines in response to Request for Bid/Proposal No. 5820 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Closed Circuit Televised (CCTV) Cleaning And Inspection of Large Diameter Wastewater Lines ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form -Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 3. Compensation and Payment. This Agreement is for an amount not to exceed $723,785.00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Corpus Christi Water Phone: (361 ) 826-1894 Email: AmandaC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form -Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form -Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361) 826-4495 IF TO CONTRACTOR: CSI Consolidated LLC dba Aims Companies Attn: David Groce Title: Manager Address: 3405 Almeda Genoa Rd, Houston, TX 77047 Phone: 281-485-8816 Service Agreement Standard Form -Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 Fax: 281-485-8820 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form -Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form -Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form -Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 CONTRACTOR DocuSigned by: Signature: sh,"LW 0jWk, Steven Hudson Printed Name: coo Title: Date: 6/19/2024 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 and Bond Requirements Attachment D: Warranty Requirements Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 5820 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 Attachment A - Scope of Work 1.1 General Reg uirements/Background Information The Contractor shall provide Closed Circuit Televised (CCTV) Inspection and Cleaning of Large Diameter Wastewater Lines within the City's right-of-way and public property as outlined in the Scope of Work. 1.2 Scope of Work A. General 1 . The scope of work consists of furnishing all labor, materials, equipment, supervision, and performing all work necessary to internally inspect, clean, and record the condition of designated wastewater collection system pipelines, ranging in diameter from 18" to 60". Work includes cleaning of the pipeline (from the most upstream reaches of the study area, downstream toward the outfall or lift station), using high pressure water jets, use of mechanical cleaning equipment or other means as may be required, removal of remote obstructions, and the transport and disposal of waste materials generated by the cleaning process. It is the intent in this project that NO flow control/bypassing of the system will be performed. All work will be performed with active flow conditions during all phases of work. City crews will not be available for large duration assistance on any portion of the project. Approved methods for conducting the internal inspection of pipelines include the use, or combination of, closed circuit television cameras, sonar equipment, or pipeline scanners that are specifically designed for use in and for the inspection of large diameter wastewater collection system pipelines. The City shall not be held responsible for any delays in the work. The Contractor shall work with the City to minimize any delays. All work will be performed in accordance with these specifications, with regard to quality, workmanship, hardcopies and electronic deliverables, and schedule. 2. The Corpus Christi Wastewater will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. 3. The Corpus Christi Wastewater will provide reference ID asset numbers for all manholes and pipelines on the maps. These reference numbers shall be utilized by the Contractor on the video inspection reports. An Excel spreadsheet will be provided to the Contractor that will list upstream and downstream manhole Page 1 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 locations, location descriptions, access location (i.e., street/easement), and Geographic Information System (GIS) footage. Additional columns will allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, direction of camera travel, comments, and section complete status. 4. It shall be the responsibility of the Contractor to adhere to all applicable Occupational Safety and Health Administration (OSHA) rules and regulations while performing work on any and all City-related projects or jobs (to include, but not necessarily limited to "Confined Space Entry"). 5. The Contractor shall obtain all required municipal and other governmental licenses and permits. The Contractor shall obtain approval or consent from utilities or carriers, such as telephone companies or other persons or organizations or authorities upon whose proper performance of work under the contract might affect. The Contractor shall request written release from responsibility for the performance of work under the contract if, and to the extent, such work is precluded by the inability to obtain such approval or consent. For the duration of the contract, the Contractor shall abide by all federal, state, and local laws and regulations. 6. The Contractor shall notify third parties (such as public and private utilities) of their intent to perform work in an area where such parties may have rights to underground property or facilities, and request maps or other descriptive information as to the nature and location of such underground facilities or property, and assurance of the Contractor's ability to enter upon any public or private lands to which access is required for performance of the work under contract. The Contractor shall obtain written permission for access to private property where easement is inadequate. 7. The Contractor shall review all available information pertinent to the project site, including reports prepared under previously accomplished studies or surveys, and any other data relating to the design of the project, including maps, drawings, construction specifics, sewer system records, etc., as provided by the City. The Contractor shall request these documents at least five days in advance. Page 2 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 8. The Contractor shall obtain a secure storage area of a size that can adequately accommodate the required equipment, vehicles, and materials for the period of performance of the agreement, at the Contractor's expense. 9. The Contractor shall have the ability to communicate with the City at all times. IO.The Contractor shall have a cellular telephone at which the Contractor's Superintendent can be reached at any time. The Contractor shall provide daily notification of work locations to the City's designated project representative. The Contractor shall also immediately notify the City in the event that a point repair is required or if lodged equipment causes a blockage, spill, or an overflow. 11 . If, during the Contractor's operation in the collection system, evidence of an imminent or potential pipe collapse (such as pieces of pipe, fresh soil, or backfill are noted in the debris removed from the system), or other situations that would result in a public hazard, the Contractor shall immediately halt all work on that line segment and contact the City Project Administrator. 12.The Contractor shall make every reasonable effort to control sewer and other offensive odors in the areas surrounding the work by placing odor blocks, and venting or covering opened manholes, when required. 13. In the area where brush and other vegetation make access to the sewer mains designated for cleaning and inspecting less than desirable, and/or the route to the sewer access point(s) is not via a recorded easement, the Contractor shall provide its own access to sewer access points for the purpose of the cleaning and inspection. The Contractor will coordinate with property owners and/or residents to unlock gates, or secure livestock and/or pets during field activities. The Contractor shall respect all private and public property owner's rights. Any fence removal and replacement, clearing, mowing, and/or trimming of trees, bushes, grass, plants, etc. for the ingress and regress by the Contractor to a designated project site will be the Contractor's responsibility. 14.All customers that refuse to allow access, vegetation clearing, or any other work required by the Contractor shall be referred to the City Project Administrator as soon as practicable and documented in writing within 48 hours for action and follow-up to be conducted by the City. Page 3 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 B. Work and Materials Provided by the City The Wastewater Division of Corpus Christi Water will provide the following at no cost to the Contractor: 1 . Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to the residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers and/or streets required to remove the Contractor's equipment caught in the sewer pipe, due to sewer defects and not caused by the Contractor's negligence. See Section "Emergency Pipeline Blockage Plan". 6. The Contract Administrator will act as liaison between the Wastewater Division of Corpus Christi Water and the Contractor for the duration of the project. 7. All debris should be removed from the sewer pipes during cleaning. This facility shall be the sludge-receiving unit located at the Greenwood Wastewater Treatment Plant (WWTP) and assigned by City staff and is to be used only during the contract time limits, and only for sewers located in Corpus Christi that have been authorized to be cleaned in this contract. The Contractor shall be responsible for dumping wet sludge to the assigned sludge-receiving unit at the Greenwood WWTP and removing/hauling dewatered sludge from the Greenwood WWTP to a landfill for appropriate disposal as per relevant regulatory requirements. The Contractor shall maintain the housekeeping of the sludge-receiving unit and be responsible for all regulatorily required tests for hauling dewatered sludge to landfill. Haulers are Page 4 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 responsible for and required to have their own manifests and submit them with each load. 1.3 Work Site and Conditions A. Traffic Control 1 . The Contractor shall be responsible for and provide sufficient traffic control measures to ensure safe conditions and to minimize inconveniences to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Unform Traffic Control Devices, which provides several typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Public Works -Traffic Engineering Department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. 2. For work adjacent to, in, or under Texas Department of Transportation (TxDOT) right- of-way (ROW), the Contractor shall obtain all necessary TxDOT permits and strictly adhere to all provisions contained therein. 3. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary striping and markers, flaggers, and the relocation of existing signs and devices as is necessary to safely complete the project. 4. Temporary traffic controls shall be measured and paid for on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The four classifications to be utilized in this project are: a. Arterials: Assumed to be 30% of work order sites. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. b. Collectors: Assumed to be 1 1% of work order sites. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. Page 5 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 c. Local Access Streets: Assumed to be 56%of work order sites. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. d. TxDOT ROWS: Assumed to be 3% of work order sites. TxDOT roadways/ROW are those operated and maintained by TxDOT. 5. These percentages are for information purposes only, are not guaranteed, and will vary from actual quantities awarded. Street classifications are defined, and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan, found on the City of Corpus Christi's website in the following location: http://www.cctexas.com/Assets/Departments/Development- Services/Files/design-standards/UrbanTransportationPlanMap.pdf B. Water Meters 1 . The Contractor will obtain and place a refundable deposit on a City-provided hydrant meter to record water used for cleaning operations. Water will be provided at no cost to the Contractor, provided the Contractor submits monthly use records, as required by the City Project Administrator. 2. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions in the event that specific areas are not available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges, damage to hydrants, or turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants, it is the Contractor's responsibility to connect to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. C. Existing Utilities 1 . The Contractor shall be held responsible for the protection of existing utilities, as well as damage that may occur as a result of the operations. The Contractor shall be responsible for temporarily relocating utilities for the convenience of the Contractor. In areas where existing utilities are within, and adjacent to the established limits of work, and could be damaged as a result of the Contractor's operations, the Contractor shall take all necessary precautions to protect such Page 6 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 utilities from damage. Furthermore, in the event that damage to other utilities occur, the Contractor shall be fully responsible for the repair of any such damage without additional costs to the City, or the affected utility owner. 2. It shall be the Contractor's responsibility to determine the exact location of existing utilities that impact their work. 3. Where overhead power lines are in close proximity to the work, the Contractor shall comply with all state and local regulations and laws and contact, if necessary, the appropriate owner, generally American Electric Power (AEP) or Nueces Electric Cooperative (NEC). 1.4 Safety 1 . The work contemplated under this project involves activities in and around confined spaces. The Contractor, and/or a Contractor-independently-retained employee, and/or safety consultant shall implement a confined space entry program in accordance with OSHA standards to govern the presence and activities associated with working in and around confined spaces. 2. The Contractor shall maintain a copy of the Confined Space Entry Program on- site at all times. The Contractor shall take all necessary actions to ensure that the Contractor's employees have read, understand, and follow the plan. All employees to be utilized in confined space entry work must present certificates indicating confined space entry training by an entity certified to teach such training, as defined by OSHA. A. Pre-Work Submittals 1 . The submittal above shall be provided to the Contract Administrator after the Notice to Proceed of the contract, but before commencing the work. In providing approval of the above submissions, the City assumes no liability for the effectiveness of the plans and/or procedures. In no way does approval by the City relieve the Contractor of any liability under the contract. The required submittals are described in the following sections. 2. Contractor shall submit the following for approval: Page 7 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 a. Residential Notification Letter will be provided by the Contractor. b. Vehicular and Pedestrian Traffic Control Plan and Procedures i. The Contractor shall prepare and submit a generic traffic control plan that describes the measures that will be taken to control vehicular and pedestrian traffic during the course of the project in areas where normal traffic flow will be distributed by the Contractor's operations. ii. During the course of the cleaning and inspection of the wastewater collection system, it may become necessary or desirable to disrupt the normal flow of vehicular or pedestrian traffic in the work area. These disruptions shall be minimized and carried out in compliance with the City of Corpus Christi rules and regulations, regarding temporary traffic control and/or in compliance with other local entities having jurisdiction over the control and disruption of normal traffic flow. iii. The Contractor shall also comply with the TxDOT Manual on Uniform Traffic Control Devices and standards for traffic control in work areas. In the case of a conflict between standards, the local codes will govern. iv. Any traffic control effort on major streets, arterials, or divided roads shall be submitted to the City's Traffic Engineering division for approval prior to implementing the traffic control plan. The Contractor is responsible for coordination of traffic control measures between local entities including, but not limited to, the City of Corpus Christi. The Contractor shall identify the locations of the area where permits are required for work in right-of-way permits, if necessary, identified by the Contractor upon ten (10) days advance notice by the Contractor of the requirement of the permits. The plan should cover all project areas and should have facilities and contingencies to cover all potential traffic-related situations. c. Sanitary Sewer Overflow/Spill Response Plan i. The Contractor shall prepare and submit a detailed Sanitary Sewer Overflow/Spill Response Plan that describes, in detail, Page 8 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 the measures that the Contractor will implement in the event that the unauthorized and untreated wastewater is discharged from the collection system as a result of the Contractor's operations. ii. The City Project Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract. The plan shall include the following components as a minimum: • Sewage containment procedures • Emergency notification • Sewage cleanup procedures • Flow control/bypass flow control and plan iii. The Contractor will be held liable for fines and costs, direct and indirect, associated with sanitary sewer overflow/spills that are caused, directly or indirectly, by its operations. The plan should cover work areas and should have facilities and contingencies to cover all potential sanitary sewer overflow abatement situations. d. Emergency Pipeline Blockage Plan i. The Contractor shall prepare and submit a detailed Emergency Pipeline Blockage Plan that describes, in detail, the measures that the Contractor will implement in the event that the equipment being utilized by the Contractor, or its agents, becomes lodged in the pipeline and is not retrieved by non-intrusive methods. ii. The City Project Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract, at a minimum, the plan shall include the following components. • Sewage containment procedures • Emergency notification plan • Sewage cleanup procedures • Equipment removal iii. The Contractor shall be responsible for the removal of equipment using non-intrusive methods. The Contractor will Page 9 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 not utilize any intrusive methods other than via existing manholes or structures. In situations where it will be required to open the pipe for intrusive removal of equipment, the Contractor shall contact the City immediately so the City can coordinate the removal of equipment for the Contractor. iv. If the cause of equipment removal is due to Contractor negligence, the City will perform the operation and will in turn charge the Contractor for such work, including material, equipment, labor, and overhead for repairs to pipelines, manholes, appurtenances, and surface restoration. v. If the removal is due to sewer defects that were unforeseen or not avoidable, as determined by the City, the City will provide at no cost to the Contractor. vi. The Contractor will be held liable for any fines and/or costs, direct and indirect, associated with sanitary sewer overflow/spill and/or sewer blockages that are caused, directly or indirectly, by its operation. vii. The plan should cover all project areas and should have facilities and contingencies to cover all potential pipe blockage and overflow situations. e. Health and Safety Plan (including a Confined Space Entry Plan) i. The Contractor shall submit a Health and Safety Plan in accordance with OSHA Standards 29 CFR 1910 and 1926 to the City Project Administrator at or prior to the project kickoff meeting. The Health and Safety Plan will be submitted and reviewed prior to the start of work. ii. The Health and Safety Plan shall clearly state the hazardous substances that may be encountered during the course of the project, and the protective safety procedures and equipment requirements for all tasks to be performed. Additional health and safety documents required are: • A written Hazard Communication and written Confined Space Entry Program, in accordance with City and OSHA standards. • Safety Data Sheet file Page 10 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 • Operation guides and manuals for all equipment to be utilized on the project. • OSHA forms 101 and 200 iii. The Contractor shall post all documentation as required by OSHA and the City and the Contractor shall require all on- site employees to read, sign, and follow the Health and Safety Plan. A signed copy of the Health and Safety Plan shall be kept at the work site at all times. All Contractor employees shall be properly trained in accordance with applicable standards and regulations. The City shall not be responsible for any hazardous materials uncovered or revealed at any site where work is being performed during this project. iv. The Contractor shall immediately notify the City Project Administrator of any suspected hazardous materials before or during the performance of work and shall take all necessary precautions to avoid the further spread or contamination of the environment by the materials. f. Sewage Backup/Building Remediation Services g. Quality Control and Assurance Plan 1.5 Pipe Cleaning Technical Provisions 1 . General The work covered by these specifications consists of furnishing all equipment, materials, labor, supervision, and incidental items necessary to perform the cleaning of the sanitary sewer collection system. Equipment shall be capable of cleaning and inspecting spans of sewer lines up to 1 .500 linear feet or greater. 2. Cleaning Requirements The Corpus Christi Water Pre-Treatment Division must inspect all equipment used by the Contractor to clean sewer lines or capture and transport debris and material removed from the sewer collection system. Contact the Contract Project Administrator to schedule an inspection. 3. Equipment Requirements Page 1 1 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 A. High-Velocity Jet (hydro cleaning) Equipment a. All high-velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The Contractor shall have a selection of two or more high-velocity nozzles. b. The nozzles shall be capable of producing a scouring action from 10 to 60 degrees in all size lines designated to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reels. B. Hydraulically Propelled Equipment a. The equipment used shall be of a moveable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against the flooding of the sewer. The moveable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure grease removal. b. If sewer cleaning balls or other equipment that cannot be collapsed are used, special precautions to prevent the flooding of the sewers and public or private property shall be taken by the Contractor. Damages or claims resulting from backups and flooding shall be the responsibility of the Contractor. C. Mechanically Powered Equipment a. Bucket and/or winch machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt- operated or have an overload device. Machines with a direct drive that could cause damage to the pipe will not be allowed. A power rodding machine shall be either a sectional or a continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. D. Jet Vac (vactor) Cleaning Equipment Vactor cleaning equipment is necessary to remove debris during cleaning operation. 4. Execution Page 12 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 A. General Sewer Line Cleaning a. Sewer line cleaning shall be performed with hydraulically propelled high-velocity jets, and/or mechanical power equipment. Equipment shall be based on field conditions, such as access to manhole, type and quantity of debris to be removed, size of sewer, and depth of flow. Selected equipment shall be capable of cleaning spans of sewer set-up unless authorized by the City Project Administrator. b. Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines. The Contractor shall provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The method of cleaning for each segment shall be based on site conditions and shall be approved by the Engineer. c. Cleaning shall start from the upstream reaches of the study area, or neighborhood, and progress downstream. B. Pre-Cleaning Exploratory Investigation Prior to commencing work on a line segment, the Contractor shall deploy an exploratory CCTV through the pipeline to determine approximate average debris levels and/or grout levels to determine classification of "Light to Medium Cleaning", "Heavy Cleaning", "Light to Medium Grout Cleaning", and "Heavy Grout Cleaning" for payment purposes. For pipe sections with normal wastewater debris, levels may be ascertained by debris levels at in-line manholes, with the concurrence of the Engineer. C. Root Removal Roots shall be removed within the cleaning limits and shall be considered part of the sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Chemical means of root control or removal shall not be used on this project. D. Grease Removal Grease shall be removed within the cleaning limits and shall be considered part of the sewer cleaning procedures. Special Page 13 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 attention should be given during the cleaning operations to ensure the complete removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment, such as rodding machines, bucket machines, and winches using root cutters and porcupines, as well as equipment such as high-velocity jet cleaners and hot water. Chemical means of grease removal using Environmental Protection Agency (EPA) approved chemical degreaser shall not be used on this project without prior authorization from the Contract Project Administrator. E. Manhole Cleaning Walls shall be washed using high pressure jet capable of 1,500 psi. Debris from the vault or manhole shall be vacuumed and disposed of in the same manner as debris removed from the sewer main cleaning. F. Debris Removal a. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood Wastewater Treatment Plant (WWTP) located at 1541 Saratoga Boulevard, Corpus Christi, Texas 78415, unless otherwise directed by the City Project Administrator. The Contractor shall coordinate dumping with the Corpus Christi Water at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. Debris removal shall be included in the price bid for the various pipeline cleaning items. b. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge waste in the State of Texas and the City of Corpus Christi. G. Cleaning and Inspection Notification Page 14 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 a. The success of the Corpus Christi Water Sewer Cleaning and Inspection Program is dependent upon close coordination of the City and Contract activities affecting the Corpus Christi Water customers in an effort to maintain customer cooperation. The following are the requirements for notifying affected customers of cleaning and television inspection activities. All procedures must be followed. b. A notice ("flyer") shall be provided to each residence and business a minimum of two (2) full working days prior to working in the area. The notification flyer will inform the occupants of the purpose of the work, the possible events that may occur, and the telephone numbers to call if questions or problems arise. The master flyer for notification will be provided to the Contractor for use in making all necessary copies of the flyer on white paper for distribution to residences and businesses. c. The Contractor shall, on a daily basis, document all distribution of flyers. Documentation, at a minimum, shall include maps that show the areas that were notified, as well as the date and name of the person completing the notification. The Contractor shall provide this information to the Engineer and the City on a daily basis. The Contractor shall schedule work to be completed within five (5) full working days from the day that the notices are distributed. If the work is unable to be completed in the notified area before the end of the fifth full working day, the area will be re-notified. H. Cleaning Precautions a. During sewer cleaning operations, satisfactory precautions shall be taken in the use of all cleaning equipment. When hydraulically propelled cleaning tools that depend on water pressure to provide their cleaning force, or tools that impede the flow in the sewer line are being used, precautions shall be taken by the Contractor to ensure that the water pressure created does not damage or cause flooding of public/private property being served by the sewer. b. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessarily. No fire hydrants shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the City. The Contractor shall use a double backflow prevention Page 15 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 device mounted on the fire hydrant in cases where the fire hose connected to the cleaning equipment is considered susceptible to contamination, regardless of the backflow configuration on the cleaning equipment. c. The Contractor shall be responsible for any damages caused by its actions during this project. The Contractor will comply with all City of Corpus Christi Water requirements. I. Remediation of Backup into Buildings a. Backups into buildings that occur during cleaning, inspecting, or plugging require immediate remediation using the services of a local firm specializing in cleaning and disinfecting residences and businesses. b. Upon discovery that a backup has occurred, the Contractor will immediately notify the City Project Administrator who will investigate the incident. The Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. c. The cleaning service firm shall be at the customer site within three (3) hours of notification of backup occurrence, or otherwise scheduled by customer. All communication will be through the City Project Administrator. d. Documentation of the remediation services provided shall be given to the City Project Administrator. In the event that the customer refuses the remediation services, the Contractor shall provide a business card and contact name to enable the customer to schedule a meeting with the City Project Administrator to gain access to the customer's property, shall be documented by the Contractor, and provided to the City Project Administrator. J. CCTV Requirements General a. Closed circuit television inspections will typically be done under one or more of the conditions listed below. Requirements for on- screen labeling during each line segment set up televising, video file labeling, and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City in the performance of work described in this specification. Page 16 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 b. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and monitoring of the collection system for backups and surcharges, while flow control devices are in place. Inspection Equipment and Methods a. Electronic inspections software that is National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) (version 7.0.4 or greater) compliant shall be used to record the condition of each pipe segment inspected. The minimum header information required for each inspection is presented in Header Field Checklist herein. b. Video inspection is to be performed in the field by a NASSCO PACP certified operator. The operator's name and NASSCO certification number are required on each inspection. c. The Contractor will perform closed circuit video inspections of the sewers using current state-of-the-art technology and trained employees. CCTV camera will use high-resolution color with an adjustable iris focus. d. The CCTV camera will have pan-and-tilt capabilities that allow up close and right-angled inspections of defects, and other significant observations. The video camera will be equipped with a minimum of 1000 feet of video cable. Lighting on the video camera will be suitable to allow proper illumination and clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high-quality video image. e. The capture system shall have the capability of recording, digitizing, and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to City Project Administrator), be transferable to flash drives, DVDs or hard drives, and have the ability to be printed. In every case, all observations will be recorded in the field Page 17 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 by currently certified PACP operators, using PACP codes and protocols. Post inspection coding in an office will not be accepted. f. Footage distance measured by the video system will be accurate within 1% and will be used to determine footage for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference point used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute, to ensure that the sewer line can be thoroughly examined by the City while reviewing video. g. During the transit, the display must show the continued distance from the insertion manhole with an accuracy of+/- 1%of the actual length to help mark observations on the report form. The video must display all notable PACP observations and codes. h. The Inspection Report shall consist of condition observations recorded using computer software generated formats conforming to NASSCO PACP version 7.0.4 or greater. Items considered notable include: deviations in alignment and grade, abnormal conditions of the pipe barrel and joints, locations and quantities of any sources of infiltration or inflow, dropped, broken, properly/improperly installed service taps, debris, roots, or other impediments to flow, and any other conditions that may either prevent the proper completion of the inspection or affect any proposed rehabilitation process. The camera should be panned and tilted at each (if any) observed connection. Page 18 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 Each pipe segment (manhole to manhole) shall be identified with an initial text screen and completed in accordance with PAPC's CCTV inspection form header instructions and shall be as follows: Header Field Checklist Field # Header Field Mandatory Required for this Project 1 Surveyed By X la Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X 6 Purchase Order Number 7 Pipe Segment Ref (PSR) X 8 Date X 9 Time 10 Street X 1Oa City X 11 Location Details 12 Upstream MH No. 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X 25 Shape X 26 Material X 27 Lining Method 28 Pipe Joint Length X 29 Total Length X 30 Length Surveyed X 31 Year Laid 32 Year Renewed 33 Media Label Page 19 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 34 Purpose 35 Sewer Category 36 Pre-Cleaning X 36a Date Cleaned X 37 Weather X 38 Location X 39 Additional Info. (Street or Easement) X 40 Work Order # X 41 Project X 42 Pressure Value 5. Flow Control A. The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in advance of the television camera to allow for the highest quality picture, along with a 360-degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360-degree view of the pipe being televised. An excessively high water level, condensation resulting in a blurred lens, or a submerged camera may be grounds for rejection of the inspection. B. All sewer flow from intersecting lines, which cannot be drawn down with a hydraulic jet nozzle, shall typically be controlled through the use of in-line plugs and/or vacuum trucks, and to the inspection for all lines up to 60" (inches) in diameter. Plugs in intersecting lines shall be installed by the Contractor. The Contractor shall also monitor the upstream system for backups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all SSOs to the City Project Administrator and the City Call Center at (361 )826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer recommendations, including, but not limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, use of flow control devices per manufacturer recommendation, traffic controls, and hazards associated with working in wastewater collection systems. C. No bypass pumping is anticipated under this scope of work. Page 20 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 6. CCTV Reverse Set-Up A CCTV reverse set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. 7. Easement Access The Contractor will be responsible for providing equipment, including, but not limited to, portable CCTV equipment, vehicles capable of transporting TV equipment, and accessing remote easements, and adequate cleaning equipment to perform the cleaning and inspection of lines located within easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. 8. Work Hours Normal working hours shall be considered 8:OOam to 5:OOpm (0800 to 1700), Monday - Friday for the duration of the project. When authorized/required by the City Project Administrator, the Contractor may perform inspections during low flow periods to minimize impacts on traffic safety, or other various reasons as determined by the City. 9. Confined Space Entry When necessary to complete cleaning and inspection activities (including, but not limited to, plugging, flow control, etc.), the Contractor may enter manholes. All pertinent OSHA regulations will be followed, and the Contractor will provide copies of confined space entry permits, if requested. 10. Deliverable A. Television Inspection Logs Electronic media inspection logs/records shall be kept by the Contractor and will clearly show the location, by distance in 1/10 of a foot, from the manhole wall, in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as locations of service connections, unusual conditions, roots, storm sewer connections, cracks, Page 21 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 fractures, broken pipe, presence of scale and corrosion, and other discernible features, as defined in the PACP defect codes, will be recorded on electronic media, and a copy of such records will be taken by the Contractor. Photographs shall be located by distance in 1/10 of a foot from the manhole wall, in relation to an adjacent manhole. B. Electronic Media Recordings a. The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by Corpus Christi Wastewater. Each original electronic media recording of conditions and defects will be delivered to the City at least monthly, which summarizes the lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. b. The Contractor is required to provide NASSCO PACP complaint computer software-generated Inspection Report products to the Corpus Christi Wastewater, as a result of each work order issued. Acceptable submissions become the property of the City. The electronic recordings will have read-only software that will facilitate the viewing and printing of additional copies of the inspection report and the digital photographs. The CD, DVD-ROM, or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Corpus Christi Water within ten (10) calendar days of the last day of the performance period. C. Quality Control Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lenses, and blurry or hazy pictures that are determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. D. Upon Completion of the Project Submission of one properly labeled flash drive, hard drive, or DVD (as appropriate for the size of the project) will be required, along with one hard copy report. The media will be properly labeled to Page 22 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: • Project Name • Work Order Number • Contractor Name, Address, Contact Phone Number • Date a. All required reports, databases, photographs, and video are to be from City-approved software generated formats. Hard copy reports will be printed single-side on 8 '/2 "x 11 "paper, in color to improve the definition of problem areas, and delivered with the media. b. The final project submittal must be reconciled with the monthly billing with regards to quantities of work completed or any exceptions noted. Hard Copy On Media 1 . Project Summary Report (pdf or X X approved equal) 2. CCTV Defect Listing Log (pdf or X X - approved equal) 3. Condition Code Summary (pdf or X X - approved equal 4. Cleaning Log (pdf or approved X X equal) 5. NASSCO PACP Complaint Access X Database 6. Video Files (mpeg, wmv, or X - approved equal) 7. Defect photographs (jpg or X approved equal) 8. Cleaning Log Summary (xlx or X approved equal) c. One report is required for each project, which may consist of an entire main line. The Contractor's software must be approved before the first work order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs, arranged in order by the PACP PSR identification number, beginning with the Page 23 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval. 11 .Measurement and Payment A. Measurement a. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. b. The City does not expressly or implicitly agree that the actual amount of the work to be done in the performance of the contract will correspond with the quantities in the Bid Form. The amount of work to be done may be more or less so that said quantities may be increased or decreased by the City as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the completion of the work, except as provided in the contract documents. B. Payments a. Payments to the Contractor shall be made on the basis of the prices in the contract and shall constitute full and complete payment for furnishing all materials, labor, tools and equipment, providing all reports and data deliverables, and for performing all operations necessary to complete the work included in the work orders. Such compensation shall also include payments for any loss or damage arising, directly or indirectly, from the work or from any discrepancies between the actual quantities of work and those shown in the work orders. Unless otherwise noted in the contract, the prices include all costs and expenses for mobilization, including, but not limited to, taxes, labor, licenses, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, and the maintenance of traffic, along with any and all other costs and expenses for performing and completing the work, as describes in the delivery order and specified herein. b. The basis of payment for an item at the price shown in the contract shall be in accordance with its description of the item in the Page 24 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 Section, and as related to the work specified. Unit prices will be applied to the actual quantities furnished and installed in conformance with the work orders. c. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety, including the necessary reporting and documentation. C. Payment Items Mobilization i. Item No. 1 Sewer Cleaning, CCTV Job Mobilization This price shall be per each mobilization for each sewer cleaning/inspection work order unless work crews are onsite and given continuous, consecutive work orders. Payment for job mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the project, including, but not limited to: multiple operations necessary for the movement of personnel equipment, supplies, and incidentals to the project site, sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre-construction expense necessary for the start of the work, permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre-construction documentation, traffic control devices, work associated with the Contract support during reviews and inspection, re- inspection and storage, and final clean-up. D. Traffic Control a. Item No. 2 Arterial Streets Traffic Control for Five (5) Lanes or Greater This lump sum price is per day for traffic control devices for arterial streets for each work order. b. Item No. 3 Collector Streets Traffic Control for Three (3) or Four (4) Lanes This lump sum price is per day for traffic control devices for collector streets for each work order. c. Item No. 4 Local Access Streets Traffic Control Page 25 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 This lump sum price is per day for traffic control devices for residential streets for each work order. d. Item No. 5 Texas Department of Transportation (TxDOT) Right of Way (ROW) for Traffic Control This price is per day for traffic control devices for work adjacent to, in, or under TxDOT ROW for each work order. e. Item No. 6 Changeable Variable Message Boards Price and payment per day will be full compensation for furnishing, installing, operating, relocating, maintaining, and removing changeable message signs. E. Line Cleaning a. Item Nos. 7 - 19 Line Cleaning, Light to Medium Cleaning i. Light to medium cleaning is for pipes with Oho to 20% (inches of debris/diameter of pipe x 100) debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. iv. Payment will be paid at the unit price per linear foot for the gravity main size. b. Item Nos. 20-32 Line Cleaning, Heavy Cleaning i. Heavy cleaning is for pipes with 20% or greater (inches of debris/diameter of pipe x 100) debris levels. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. iv. Payment will be paid at the unit price per linear foot for the gravity main size. c. Item Nos. 33-45 Line Cleaning, Grout Removal, Heavy Cleaning i. Grout that is present in line due to faulty previous liner installation. For pipes with greater than 20% (inches of grout/diameter of pipe x 100) grout debris levels. Page 26 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. iv. Payment will be made at the unit price per linear foot for the gravity main size. d. Item No. 46 Reverse Set-Up Reverse CCTV set-up shall only be measured and paid if an obstruction is encountered during the initial set-up that could not be removed, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (1500 feet) or CCTV cable (1000 feet) lengths. No reverse set-up fee will be authorized if the CCTV camera does not fit due to physical restrictions at the reverse location. e. Item No. 47-54 Bucket Cleaning i. Measurement shall be based on the linear feet of sewer main televised. ii. Pipe size will be the diameter of the pipe or slip liner. iii. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re- televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. This unit price shall be provided full compensation for all work required, including but not limited to: mobilization, furnishing all labor, equipment and materials for cleaning, flow isolation, TV inspection and incidentals related to sewer main inspection. F. CCTV Inspection a. Item Nos. 52-64 CCTV Inspection i. Measurement shall be based on the linear feet of sewer main televised. ii. Pipe size shall be the diameter of the pipe or slip liner. iii. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work Page 27 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re- televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. The unit price shall provide full compensation for all work required, including, but not limited to mobilization, furnishing all labor, equipment and materials for cleaning, flow isolation, TV inspection, and all incidentals related to sewer mains inspection. G. Dry Solids Removal and Hauling a. Item No. 65 Dry Solids Removal and Hauling i. This price shall be for dry solids removal and hauling from Greenwood WWTP drying beds to landfill; per 12yd dump truck load). Page 28 of 28 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 ATTACHMENT B: BID/PRICING SCHEDULE o CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM MOBPONPS E �852 RFB No. 5820 Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines Date: PAGE 1 OF 4 J '�� Authorized Bidder: ap'- AmX Signature: - L 1. Refer to "Instructions to Bidders" and Contract Terms and Condfflons 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 12- Unit Total Month Price Price Qty- I. JOB MOBILIZATION SEWER EA 1 \S�j0� S 00 c� CLEANING, CCTV 2. TRAFFIC CONTROL ARTERIAL DAY 20 3©0 00 c�0o STREET 3. TRAFFIC CONTROL COLLECTOR DAY 10 STREET 4. TRAFFIC CONTROL LOCAL DAY 20 � ACCESS STREET 5. TRAFFIC CONTROL TXDOT ROW DAY 5 ()c,E!r 00 C7.,0�e� Page 1 of 4 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 6. TRAFFIC CONTROL CHANGEABLE DAY 40 VARIABLE T MESSAGE BOARDS (EA) r 7. LIGHT TO MEDIUM 10" PIPE SIZE LF 3000 CLEANING 8. LIGHT TO MEDIUM 12" PIPE SIZE LF 2000 CLEANING �, ay �y ©0"- 9. LIGHT TO MEDIUM 16" PIPE SIZE LF 2000 1 CLEANING (�` ��o0 G4 10. LIGHT TO MEDIUM 18" PIPE SIZE LF 2000 CLEANING 'D } 11. LIGHT TO MEDIUM 20"-21 " PIPE LF 600 CLEANING SIZE 12. LIGHT TO MEDIUM 24" PIPE SIZE LF 500 CLEANING �''' 13. LIGHT TO MEDIUM 27" PIPE SIZE LF 500 �' Lj � CLEANING 14. LIGHT TO MEDIUM 30" PIPE SIZE LF 500 CLEANING ' 15. LIGHT TO MEDIUM 36" PIPE SIZE LF 1000 ;� CLEANING R 16. LIGHT TO MEDIUM 42" PIPE SIZE LF 500 ,c' �,i2S©0r�fiv CLEANING I77 17. LIGHT TO MEDIUM 48" PIPE SIZE LF 500 00 �� ' CLEANING 18. LIGHT TO MEDIUM 54" PIPE SIZE LF 1000 ev CLEANING 19. LIGHT TO MEDIUM 60" PIPE SIZE LF 1000 , 00 CLEANING ] 20. HEAVY CLEANING 10" PIPE SIZE LF 3000 21 . HEAVY CLEANING 12" PIPE SIZE LF 3000 ' 22. HEAVY CLEANING 16" PIPE SIZE LF 2000 , -0 23. HEAVY CLEANING 18" PIPE SIZE LF 1000 ' 24. HEAVY CLEANING 20"-21 " PIPE LF 1000 SIZE a Oda,.oV 25. HEAVY CLEANING 24" PIPE SIZE LF 4000 0 >?c r s 26. HEAVY CLEANING 27" PIPE SIZE LF 4000 27. HEAVY CLEANING 30" PIPE SIZE LF 2800 o sv 28. HEAVY CLEANING 36" PIPE SIZE LF 4000 '® 29. HEAVY CLEANING 42" PIPE SIZE LF 2000 � ex) 30. HEAVY CLEANING 48" PIPE SIZE LF 2000 v Page 2 of 4 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 31. HEAVY CLEANING 54" PIPE SIZE LF 1000 bn 132. HEAVY CLEANING 60" PIPE SIZE LF 1000 `jc). ° 30evca 33. HEAVY GROUT 10" PIPE SIZE LF 200 REMOVAL �� h✓o ��" � CLEANING 34. HEAVY GROUT 12" PIPE SIZE LF 200 q q`REMOVAL CLEANING 35. HEAVY GROUT 16" PIPE SIZE LF 200 REMOVAL �� CLEANING 36. HEAVY GROUT 18" PIPE SIZE LF 500 °S REMOVAL 10 Vv ' S� CLEANING r�000.00 37. HEAVY GROUT 20"-21" PIPE LF 300 DS REMOVAL SIZE �� 0� s CLEANING u00.00 38. HEAVY GROUT 24" PIPE SIZE LF 1000 �L �� �� REMOVAL CLEANING 39. HEAVY GROUT 27" PIPE SIZE LF 1000 ep REMOVAL ��0r 4�`�� CLEANING , 40. HEAVY GROUT 30" PIPE SIZE LF 1000 REMOVAL ' CLEANING 41. HEAVY GROUT 36" PIPE SIZE LF 2000 �I REMOVAL 7� CLEANING 42. HEAVY GROUT 42" PIPE SIZE LF 2000 REMOVAL 0, CLEANING 43. HEAVY GROUT 48" PIPE SIZE LF 400 _ '°' REMOVAL CLEANING 44. HEAVY GROUT 54" PIPE SIZE LF 100 c REMOVAL CLEANING 45. HEAVY GROUT 60" PIPE SIZE LF 100 REMOVAL �3 �300, CLEANING 46. I REVERSE SET-UP ALL PIPE SIZES EA 50 ry 47. BUCKET CLEANING 36" PIPE SIZE LF 2000 ,�, oe 48. BUCKET CLEANING 42" PIPE SIZE LF 2000 lJ�1 �v", Page 3 of 4 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 49. BUCKET CLEANING 48" PIPE SIZE LF 2000 r 00 ;0DP, DS 50. BUCKET CLEANING 54" PIPE SIZE LF 2000 ! Fr 20X"`''- S� 51 . BUCKET CLEANING 60" PIPE SIZE LF 500 c47 500.00 52. CCTV 10" PIPE SIZE LF 3000 - - 4 _ ; 5v 53. CCTV 12" PIPE SIZE LF 3000 65-0 54. CCTV 16" PIPE SIZE LF 2000 5� l0c9cf v`" 55. CCTV 18" PIPE SIZE LF 2000 56. CCTV 20"-21 " PIPE LF 13000 SIZE I 57. CCTV 24" PIPE SIZE LF 15000 Sri .y 58. CCTV 27" PIPE SIZE LF 3500 59. CCTV 30" PIPE SIZE LF 3000 �J lixi, P 60. CCTV 136" PIPE SIZE LF 3000 DS 61 . CCTV 42" PIPE SIZE LF 1200 15 0 77 77, 600.00 62. CCTV 48" PIPE SIZE LF 1000 63. CCTV 54" PIPE SIZE LF 1000 64. CCTV 60" PIPE SIZE LF 1000 �jr� 001i7 65. DRY SOLIDS 12 YD TRUCK EA 10 REMOVAL AND LOAD HAULING 66. DISPOSAL FEE AT TRUCK LOAD TON 100 LANDFILL ($46.00/TON) 7' 7 $ $ ' DS Total 723,785.00 Page 4 of 4 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS L 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 AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence (Including Cleanup and Remediation) 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 Page 1 of 3 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 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. Page 2 of 3 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services— Services Performed Onsite - Pollution 01/01/2023 Risk Management—Legal Dept. Page 3 of 3 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." Page 1 of 1 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary Page 1 of 2 DocuSign Envelope ID:26E8B36A-9A9B-4FF9-85C2-6A29C7CE6209 city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. Page 2of2 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of July 30, 2024 1852 Second Reading for the City Council Meeting of August 13, 2024 DATE: July 19, 2024 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Ordering a General Election to elect Mayor and eight Council Members November 5, 2024 CAPTION: Ordinance ordering a general election to be held on November 5, 2024, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. SUMMARY: This ordinance will allow for a general election to be held on November 5, 2024, to elect a Mayor and eight Council Members; and allow the City to enter into a joint election agreement and election services contract with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the Mayor and eight Council Members shall be held on the November uniform election date of even-numbered years as authorized by State law. In the past, the City has conducted a joint election with Nueces County. ALTERNATIVES: None. FISCAL IMPACT: Based on the most recent final actuals for the 2022 general election and 2022 runoff election, in FY 2025, staff has budgeted a conservative amount of $300,000 combined for the general and runoff election, if necessary. Funding Detail: Fund: 1020 Organization/Activity: 10020 City Secretary's Office Mission Element: 714 Project # (CIP Only): N/A Account: 530000 Professional Services Note: Will be paid in FY 2025. RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement— Nueces County Ordinance ordering a general election to be held on November 5,2024,in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County,and a runoff election,if one is necessary,on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even- numbered years as authorized by State law, the same being November 5, 2024; with a runoff election, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; and WHEREAS,Nueces County will also be conducting an election on November 5, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS,THAT: SECTION 1.A regular City election(hereinafter the"Election")for a Mayor,District One Council Member, District Two Council Member, District Three Council Member, District Four Council Member, District Five Council Member, and three At-large Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 5, 2024. A runoff election shall be held, if one is necessary, on December 14, 2024. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. Nueces County will select the voting equipment to be used in the Election in accordance with the Texas Election Code. The Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as determined by the Nueces County Clerk (a list of which will be approved and attached hereto as Attachment A, and incorporated herein, when such polling places are determined by Nueces County). The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Nueces County will ensure that its voting equipment complies with State law. SECTION 5. The City Secretary, or her designee, in coordination with the Nueces County Clerk (the Election Official)or the designee thereof, as necessary or desirable,will identify and formally 1 approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks, and all other election officials, together with any necessary changes to election practices and procedures and can correct, modify, or change the Attachments to this Ordinance based upon the final locations and times agreed upon by the Election Official and the City to the extent permitted by applicable law. SECTION 6. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 7. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first-floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places as determined by the Nueces County Clerk (a list of which will be approved and attached hereto as Attachment B, and incorporated herein, when such temporary branch polling places are determined by Nueces County). Each branch polling place and the main early voting polling place shall serve all Election precincts. SECTION 8. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 9. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 5,2024(which shall be approved and attached hereto as Attachment C and incorporated herein). The City Manager or designee is authorized to execute a Joint Election Agreement with Nueces County for the conduct of the election in accordance with this ordinance. The terms of the Agreement will be consistent with the terms of the 2022 Joint Election Agreement. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations. SECTION 10. The City Manager or designee is authorized to execute a Contract for Election Services with Nueces County for conduct of the Election in accordance with this ordinance. The terms of the contract will be consistent with the terms of the 2022 Contract for Election Services. SECTION 11. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 12. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final 2 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 of its purpose. Introduced and voted on the day of 52024. PASSED and APPROVED on the day of 72024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 3 ATTACHMENT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS Election Day: Tuesday, November 5, 2024 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. Nueces County participates in the Countywide Polling program under Section 43.007 as amended, Texas Election Code. Registered voters will be able to case their Election Day ballots at any of the vote centers identified below. (Aransas County, Kleberg County, and San Patricio County also participate in Countywide Polling Place programs). [TO BE INSERTED —POLLING PLACES IN THE REGULARLY PRESCRIBED PRECINCTS OF THE CITY OF CORPUS CHRISTI] [The remainder of this page intentionally left blank] 4 ATTACHMENT B MAIN AND TEMPORARY BRANCH POLLING PLACES,DATES,AND TIMES Early voting begins Monday, October 21,2024 and ends on Friday,November 1, 2024 Early Voting Clerk: Kara Sands,Nueces County Clerk Early Voting Clerk's Street Address: 901 Leopard Street Corpus Christi,TX 78401 Presiding Judge of Early Voting Ballot Board: TBA Locations,Dates,and Hours of Main Early Voting Polling Location Nueces County Courthouse 901 Leopard Street Corpus Christi,TX 78401 Dates Times Monday, Oct. 21-Saturday, Oct. 26, 2024 8:00 a.m. — 5:00 p.m. Sunday, October 27, 2024 Noon— 6:00 p.m. Monday, Oct. 28 —Friday,Nov. 1, 2024 7:00 a.m. — 7:00 p.m. Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. [The remainder of this page intentionally left blank] 5 Location,Dates, and Hours of Temporary Branch Polling Places [TO BE INSERTED—TEMPORARY BRANCH POLLING PLACES AND DAYS AND HOURS FOR VOTING] EARLY VOTING BY MAIL Applications for Ballot by Mail for the General Election must be received(not postmarked)no later than the close of business (5:00 p.m.)on Friday, October 25,2024. Applications should be mailed to: Kara Sands,Nueces County Clerk Attn: Elections Department P.O.BOX 2627 Corpus Christi,TX 78403 Applications may be emailed to: votebymailknuecesco.com *Note: if emailing an application,the original must also be mailed to the County Clerk Nueces County Clerk Website: hiips://www.nuecesco.com/county-services/county-clerk/e lections-department [The remainder of this page intentionally left blank] 6 Attachment C Joint Election Agreement [TO BE INSERTED] [The remainder of this page intentionally left blank] 7 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of July 30, 2024 1852 Second Reading for the City Council Meeting August 13, 2024 DATE: July 30, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o-)-cctexas.com 361-826-7202 Acceptance of the Women, Infant and Children's Nutrition Program (WIC) grant for the Corpus Christi — Nueces County Public Health District in the amount of$1,233,166 to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and the appropriation of the funds for the contract period. CAPTION: Ordinance authorizing the acceptance of an increase in the grant from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children's Nutrition Program (WIC) to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and authorizing 14 existing FTEs that are funded by this grant and appropriating the $1,233,166.00 in the Health Grant Fund. SUMMARY: The Texas Health and Human Services Commission has awarded the Corpus Christi—Nueces County Public Health District (CCNCPHD) WIC program $1,233,166.00 to provide WIC services. These services include the issuance of supplemental WIC benefits, nutrition education, one-on- one counseling with nutritionists, nutrition classes, breastfeeding education, and support, and the distribution of breastfeeding pumps with supplies. The primary purpose of the grant is to serve as a nutrition program for pregnant women, breastfeeding women, and families with children younger than five. Texas WIC helps improve the diets of infants and children as well as pregnant, postpartum, and breastfeeding women. BACKGROUND AND FINDINGS: The CCNCPHD has been awarded this grant for more than 20 years, and the WIC grant can support a maximum of 21 grant-funded staff. The Texas Health and Human Services Commission is the funding agency for this grant and has awarded a budget of$1,233,166.00 for FY25. In FY 24, the WIC program increased its client participation rate. Additionally, the program was awarded the Star Customer Service Award from the Texas Health and Human Services Commission, which is only given to the top 15% of WIC programs in Texas. ALTERNATIVES: Refuse the grant and discontinue offering WIC services. FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. The award includes an indirect cost allocation of 22.39% of direct salaries and wages to the City of Corpus Christi. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 89 Grants & Capital Project Funds / 831325F WIC FY24-25 Department Number: 15 Health Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000802100001 Ordinance Certification of Funds Ordinance appropriating $1,233,166.00 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Department of State Health Services (DSHS) to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025. Whereas, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and Whereas, the Texas Health and Human Services Commission has awarded $1 ,233,166.00 for contract HHS #HHS000802100001 for personnel costs, supplies, and other expenses for the Women, Infants, and Children's (WIC) Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds in the amount of $1,233,166.00 are appropriated from the grant to the Health Grants Fund No. 1066 for personnel costs, supplies, and other expenses for the WIC Program. SECTION 2. A copy of the executed health grant contract and amendments 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 1 TEXAS Texas Health and Human Services Commission `.V Health and Human Services Cecile Erwin Young June 27, 2024 Executive Commissioner Kathrine Galvan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA#38 RE: Notice of Award Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001. This is a notification of your organization's FY 2025 (October 1, 2024 to September 30, 2025) WIC Local Agency funding. Your organization will be receiving the funding listed below: Type of Allocation Project Admin Nutrition Breast- Project Project Contact Total $ Education feeding Estimated General Elsa Rodriguez $1,040 166 X X X Admin Funding* elsa.rodriauez2C&hhs.texas.aov Peer Counselor Asia Sartor $85,000 X asia.sartor(ahhs.texas.00v Registered Dietitian Stephanie Holland $15,000 X X X stephanie.holland 1Cahhs.texas.aov Lactation Services Zoe Adams $2,500 X zoe.adams(&hhs.texas.gov Lactation Support Betzabel Botello Center betzabel.botelloCabhhs.texas.gov $0 X Dietetic Internship Melissa Mouton $0 X melissa.moutonCcbhhs.texas.gov SNAP-Ed Christine Least $40,000 X Nutrition Education christine.leastCcbhhs.texas.gov SNAP-Ed Anna Garcia Breastfeeding anna.garciaCabhhs.texas.gov $15,000 X Extra Funding Marissa Gregurek $0 X Summer Meal Program marissa.gregurek(a)hhs.texas.gov Extra Funding Tammye Farmer-Holloman $5,500 X TXIN Internet tammve.farmerhollomanOhhs.texas.gov Extra Funding Amber Oltmann Improving Participant amber.oltmann(&hhs.texas.gov $0 X Experience P.O. Box 13247 • Austin,Texas 78711-3247 512-424-6500 hhs.texas.gov June 27, 2024 Page 2 Type of Allocation Project Admin Nutrition Breast- Project I Project Contact 1 Total $ Education feeding Extra Funding Akata Sanghani $10,000 x Nutrition Education akata.sanghani(d)hhs.texas.aov Extra Funding Tammye Farmer-Holloman $20,000 x Other tammye.farmerholloman@hhs.texas.gov Miscellaneous Projects Tammye Farmer-Holloman $0 x tammye.farmerholloman@hhs.texas.gov Total $1,233,166 *Actual General Administrative funding amount is accrued monthly based on Funding Formula Rate (FFR)$16.14: per participant plus any earned incentives. The Dietetic Internship funding is added based on application only, this funding will be reduced if a selection is not made for your local agency. This notice does not relieve the aclency from seekincl additional approvals as reauired by WIC Policy. For HHSC to track Local Agency expenditures, please submit a separate WIC invoice for reimbursement of actual allowable costs associated with each project. If the reimbursement requested amount is exceeded, the invoice will be returned to the Local Agency for correction and resubmission. For questions regarding purchase requests, please contact WICLARequests(a)hhs.texas.gov. For questions or additional information regarding funding, please contact the assigned Project Contact listed in the table above or email the WIC Clinic Services Financial Liaison, Tammye Farmer-Holloman, at tam mye.farmerholloman(a)hhs.texas.gov. Sincerely, 6�;� C44�- Edgar Curtis, Texas WIC Director Health and Human Services Commission cc: Fauzia Khan, Public Health Director P.O. Box 13247 • Austin, Texas 78711-3247 • 512-424-6500 • hhs.texas.gov Women, Infants, and Children's Nutrition Program (WIC) Grant Ordinance Ordinance appropriating $1 ,233,166.00 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Department of State Health Services (DSHS) to provide funding for the WIC program for the period of October 1 , 2024, through September 30, 2025. City Council July 30, 2024 Background and Summary Women, Infant and Children's Nutrition Program (WIC) • The primary purpose of the grant is to: o The primary purpose of the grant is to serve as a nutrition program for pregnant women, breastfeeding women, and families with children younger than 5. o Texas WIC helps improve the diets of infants and children as well as pregnant, postpartum, and breastfeeding women by providing monthly healthy food packages, nutrition counseling, education and breastfeeding support. • Grant period is October 1 , 2024, through September 30, 2025 City Council July 30, 2024 Fiscal Impact and Staff Recommendation Fiscal Impact: • There is no fiscal impact. • The grant requires no match. All positions are 100% grant fund • The grant provides funding for 14 FTE's Total Operating budget is $1 ,233,166.00 • Staff Recommendation: Approval of the two reading ordinance. City Council July 30, 2024 so G� 0 v hcaBPOPP10 AGENDA MEMORANDUM 1852 City Council Meeting of July 30, 2024 DATE: July 30, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Briefing & Public Hearing for the Proposed Bond 2024 Program STAFF PRESENTER(S): Name Title/Position Department 1. Neiman Young Assistant City Manager Executive 2. Jeff H. Edmonds, P. E. Director Engineering Services BACKGROUND: The public hearing is called to allow for public input on the projects proposed in Bond 2024 Program that will be on the election ballot on November 5, 2024. The staff recommended budget for the Bond 2024 Program is $175 million and will not require a City tax rate increase. The Bond 2024 proposed categories and funding amounts for Council approval are: o Streets/Stormwater: $89.50 Million o Public Safety: $45.00 Million o Parks: $37.65 Million o Public Facilities: $2.85 Million City staff will seek Council approval on the list of proposed projects during a special City Council meeting on August 1, 2024. On August 13, City Council will consider a one-reading ordinance to call for the Bond election. LIST OF SUPPORTING DOCUMENTS: Bond 2024 Program Presentation PROPOSED BOND 2024 PROGRAM BODND 2024 $175 MILLION INVESTMENT -/PUBLIC SAFETY VPUBLIC FACILITIES July 2024 i _ BOND 2024 PROGRAM _� �� \- _ _✓�___.�- �' � � -�-, SUMMARY h'. t • © y Streets J �' • 21 Projects • $89.5M or 51% • Parks ' 11 projects $37.65M or 22% • Public Safety • 7 projects Public Facilities _ 2 project • $2.85M or 2% • Total:41 projects-$175M -� BOND 2024 PROJECT ADJUSTMENTS • District 3 Streets-Remove Bear Lane ($2.5 million) o Fund with Type B Sale Tax o Add St.Andrews Park project($2.5 million) • Citywide Parks-Remove Texas State Aquarium- Parking Lot Improvements($2 million) o Seeking funding for TSA Parking Lot from Type B Sale Tax o Add $1 million to Labonte Park Expansion o Add $1 million to Sherrill Veterans Memorial Park(Total: $3 million) • District 1 Facilities - o Reduce funding to$850,000 for Lichenstein House, Little Martins House and Tex-Mex Rail Road House o Add $400,000 to Labonte Park Expansion (Total: $3.15 million) se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 City Council Meeting of July 30, 2024 DATE: July 18, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager HeatherH3(a cctexas.com 361-826-3506 City Sales Tax Reauthorization Briefing STAFF PRESENTER(S): Name Title/Position Department 1. Heather Hurlbert Assistant City Manager CMO BACKGROUND: On February 27, 2024, City Council members discussed initial concepts and uses for the City Sales Tax Reauthorization. Staff developed potential baseline uses based on City Council dialogue from that meeting. A workshop for further discussion was conducted on May 8, 2024, to ensure consensus as well as understanding of the reauthorization, eligible projects, and the subsequent timeline. A briefing was also provided to the City Council at the June 18, 2024, meeting. Since the beginning of April, city staff have conducted 62 meetings and informational sessions with stakeholders ranging from the Chamber of Commerce to the Westside Business Association. In addition, a survey to collect community input closed on Sunday, June 23, 2024, and received a total of 2,206 responses. Utilizing the information from the various meetings and the survey, staff is requesting council direction for the potential election in November. This briefing will serve as a public hearing for residents. An action item seeking City Council approval of the item will be brought forward during a special City Council meeting on August 1, 2024. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Sales Tax Reauthorization Briefing 7.30.24 _s o�Q US cy,P kCORPORA�O T 7852 Type A Sales Tax July 30, 2024 Reauthorization Public Hearing Proposed Uses for each 1/8 cent Proposed Project #IA Alternative #1B ➢ Expand use to the whole American Bank ➢ All projects in Proposed Project IA Center including: ➢ Add industrial Streets Arena Convention Center ➢ Add infrastructure in support of the military. • Selena Auditorium ➢ Would need to reauthorize as Type B ➢ Add City-owned facilities located in the Sports, Entertainment, and Arts (SEA) District: • Corpus Christi Museum of Science and History Alternative #1C • Art Museum of South Texas • Texas State Museum of Asian Cultures and ➢ Reauthorize under Chapter 327 for use on Education Center City owned streets and sidewalks existing on • Harbor Playhouse the date of the election. • Water Garden Proposed Uses for each 1/8 cent Proposed Proiect #2 ➢ Continue the use for the Downtown Seawall Flood Control structures including maintenance and improvements to the breakwater, salt flat levee, T and L Head land masses, Marina basin and flood control pumps to protect the City's downtown businesses ➢ Add City-wide flood control and coastal resiliency projects to expand or create new business areas Other Considerations • Shorter than 25-year term for both 1/8 cents. • Reauthorization of one or both 1/8 cents under Type B to better accommodate the proposed use. IO&3 _ Calendar and Next Steps DATE ACTIVITY February 27, 2024 Discussion at City Council Meeting to set baseline March—April 2024 Discussions with Stakeholders and Community Partners May 8, 2024 City Council Workshop May 2024 Community Engagement Meetings and Community Survey June 2024 Refinement of proposed uses for the Sales Tax Reauthorization June 18, 2024 Presentation to City Council to discuss final recommendation for sales tax uses June 23, 2024 Citizen Survey Closes July-August 2024 Continued Community Engagement and Education July 30, 2024 Presentation & Public Hearing on sales tax reauthorization projects August 1, 2024 Special Council Meeting to Establish Projects for Sales Tax Reauthorization August 13, 2024 Vote to call election for sales tax reauthorization November 5, 2024 Election Day l Questions, Discussion, and Feedback s cr� (,o ow aORARPPTEO xs52 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 30, 2024 Second Reading for the City Council Meeting of August 13, 2024 DATE: July 8, 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 7702 Starry Road CAPTION: Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-Family 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 a multifamily residential use. BACKGROUND AND FINDINGS: The subject, vacant and undeveloped, property is out of the southside area, a quarter mile south of Yorktown Boulevard, an A3 class arterial road, along the east side of Starry Road, a local residential road closed by Ordinance 0330279 on January 30t" 2024, one-third of a mile northwest of the Oso Creek, directly across a public/semi-public -educational facility- use under construction, and along the realigned Oso Parkway, a parkway collector right-of-way underway. The properties to the north are zoned "RS-4.5" Single-Family and "CN-1" Neighborhood Commercial District, with the low-density Starlight Estates Unit 1 subdivision, and a vacant property. To the south properties are zoned "FR" Farm Rural District and "RS-4.5" Single- Family District, with some properties that are vacant, and the Creekside Middle School and the Southeast Elementary School. To the east properties are zoned "CG-2" General Commercial District and "RS-4.5" Single-Family, with vacant parcels, and the previously mentioned public/semi-public use. To the west, properties are zoned "FR" Farm Rural "RS-4.5" Single- Family. The area between Rodd Field Road, Yorktown Boulevard, and Oso Creek, was annexed in the mid-1990s and since, has subsequently been subject to multiple re-zonings since the early 2000s for the densest single-family zoned development. It is home to the Rancho Vista, Riverbend, and Starline Estates subdivisions, primarily zoned "RS-4.5" Single-Family. A similar pattern can be found north of Yorktown Boulevard, with limited general commercial districts, and the prevalent neighborhood commercial districts. The applicant is requesting an amendment from the current "FR" Farm Rural district to the "RM-2" Multi-Family District to accommodate a multi-family development. The "RM-2" Multi- Family District permits apartments, single-family and two-family houses, townhomes, cottage housing developments, group homes, educational facilities, parks and open areas, and places of worship. The proposed amendment to the current zoning district is consistent with many elements and goals of the City of Corpus Christi Comprehensive Plan (Plan CC); however, it is inconsistent with the future land use designation of medium-density residential, warranting an amendment to the Future Land Use Map (FLUM). Public Input Process: Twenty-three (23) notices were mailed within the 200-foot notification area, and 2 outside the notification area. As of July 26, 2024: [In Favor In Opposition inside notification area 1 inside notification area outside notification area 0 outside notification area A total of 1 .17% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION(June 12, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multi-Family District. Vote Results For: 7 Against: 0 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-Family District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 7.14 Acres out of Lot 15, Section 34, Flour Bluff Encinal Farm and Garden Tract, as described and shown in Exhibit "A" and "B", from: the "FR" Farm Rural District to the "RM-2" Multi-Family District. The subject property is located at or near 7702 Starry Road. Exhibit A, a metes and bounds description, and Exhibit B, 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 6 Exhibit A Project No.20240301 March 15,2024 7.141 Acre Zoning Tract STATE OF TEXAS§ COUNTY OF NUECES§ FIELDNOTES, for a 7.141 Acre, Zoning Tract, situated in the Rincon Del Oso — Enrique Villareal Grant,Abstract 1,being out of Lot 15,Section 34,of the Flour Bluff&Encinal Farm& Garden Tract as shown by plat recorded in Volume A,Pages 41-43,of the Map Records of Nueces County,Texas,comprising of a 6.00 Acre Tract of Land and a 1.140 Acre Tract of Land referenced as Tract 11, described in a Warranty Deed form Corpus Christi Island Apartment Management Group,LLC to Azah Investment, LLC, recorded in Document No. 2023025921, of the Official Public Records,Nueces County,Texas;said 7.141 Acre Tract being more fully described by metes and bounds as follows: Beginning,at a 518 Inch Iron Rod Found,for the East corner of the said 6.00 Acre Tract and this Tract; Thence,South 28°44'30"West,with the Southeast boundary of the said 6.00 Acre Tract, at 395.78 Feet,pass a 5/8 Inch Iron Rod Found 0.90 Feet to the Left,being the East corner of the said 1.140 Acre Tract,for the South corner of the said 6.00 Acre Tract,in all 471.41 Feet,to the South corner of the said 1.140 Acre Tract and this Tract; Thence,North 61°17'46"West,with the Southwest boundary of the said 1.140 Acre Tract, 659.84 Feet,to a Cotton Spindle Found,for the West corner of the said 1.140 Acre Tract and this Tract; Thence,North 28°44'30"West,with the Northwest boundary of the said 1.140 Acre Tract, at 59.55 Feet pass a Mag Nail Found,at 75.50 Feet pass a Cotton Spindle Found,being the West corner of the said 6.00 Acre Tract,for the North corner of the said 1.140 Tract,in all 471.41 Feet, to a 5/8 Inch Iron Rod Found with plastic cap,for the North corner of the said 6.00 Acre Tract and this Tract; TBPELS FIRM NO.10194750 ,.�LCARR W W W.CARRLAN DSU RV EY.COM HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US H WY 281 5TE.H#193 CORPUS CHRISTI,TX 78413 MARBLE FALLS,TX 78654 361.248.1850 830.321,4569 Page 3 of 6 0 Thence, South 61°17'46"East,with the Northeast boundary of the said 6.00 Acre Tract, 659.84 Feet,to the Point of Beginning,containing 7.141 Acres(311,057 SgFt)of Land,more or less,of which 0,216 Acres more or less lies within the Right-of-Way of Starry Road,leaving a Net Acreage of 6.925 Acres,more or less. Grid bearings herein are referenced to the Texas Coordinate System of 1983,Texas Central Zone 4203,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless the fieldnote description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying Zoning Exhibit of Tract described herein. PRE OF TF� co DAMES DAV1D CARR 14VC7 ,47Y1 1 ..................... A 6458 v= <9,�F�ss+&?Y. ` James D.Carr,RPLS SUR�r` TX License No.6458 March 15,2024 TBPELS FIRM NO.10194750 J EAeRR W W W.CARRLAN DSU RV EY.COM HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US H WY 281 STE.H#193 CORPUS CHRISTI,TX 78413 MARBLL FALLS,TX 78654 361.248.1850 830.321,4569 Page 4 of 6 a$ a o"6 r/1 o a i 11 c wZ w E am w 076 a a 2" �0 C, m \ �4 L b• LL, °w�Fz oN a � x .. 'tn'L< 7 �mcEa uo mp Nc`o r L a1 a m. 0 m o 'c cw L4 J I NO E �( _ C7 NQN V1n ���N '+ �. cc I L7)< cv C eO 3 T z 0 �20 x 3a m ymZ cNp': o:n ro mryaf p *•Y o -'y Sri c a 50 Of a o e .'gyp'4 eg v w c Q�v4 -a cl) � ' �. COs 9�°4 � g1 � a• W if U :2 g LLJ • ® Q S r vmarnv� ON {O d� \� o 7 a��n p z}LL zo LLI z EL U v c \ m • W ~ c N J N O 4 O N -O N Z _m m 101, c U c' -A 'I wx m E fa c cn'i 4 Jyco o Page 5 of 6 Exhibit B Qom , o� CN- 9 R Sim''4. 5 r' CG-2 svarEcr f � PROPERTY FR RS-4. 5 CASE: ZN8254 SUBJECT PROPERTY WITH ZONING t ® S Subject Property A-1 Apa Mouse Disz— 4l Limited Industrial DIS/rlLs A-sA Apardrwnl House Dis— F2 LW.Indu,Y D.— A-2 Apanmenl IN m Disvct 43 Heavy lnduWlaf D,S AS Prolessisnal Offim Distr 1 WD Pla U.'Devebpmms pa AT Arbrrenr-Twaist O�mic2 RAA Oneam Fily Dwe6mp D-ia B-1 N-i 11 Arood BusinessD— R.IB One Family Dre¢my DiSdia 8-IA NepnbaAfood Business D'soic! R-IC Or•�e Family Dreltnig Disvled 3-2 Bayfmnl Busmwss Dl R_2 Qn. Drelfine.N 0 B-2A Bartier lMand Buyness Distnet NA One family DrHNing Dislna 1 B-3 BuvnessDsma RE Res,de—lEstateDisvicl Ts..J.CT 84 general Bps -Di— R-rH PROPERTY B-S Primary&ssmess Dsm i SP Bpeeul 3-d Primary Busatess Core Dispi., TAA Travel T..I r Park nfsiriol BD C�Cnn:a Bean Design Disc. T-tB tisan�.na—H—Pan D—d City of Esri,HERE - F-R FamtRuraIDsma T-1C ManulaaureCH—Ge bdii— C<ll us LOCATION MAP HC Hisbncal-culafral Landman Dl—t Christi Preservadar Page 6 of 6 ZONING REPORT Case # ZN8254 Applicant & Subject Property District: 5 Owner: Azali Investments LLC Applicant: Azali Investments LLC Address: 7702 Starry Road, located along the east side of Starry Road, south of Yorktown Boulevard, and north of Oso Creek. Legal Description: 7.14 Acres out of Lot 15, Section 34, Flour Bluff Encinal Farm and Garden Tract. Acreage of Subject Property: 7.14 acre(s). See Attachment A. Pre-Submission Meeting: April 23, 2024 Zoning Request From: "FR" Farm Rural District To: "RM-2" Multi-Family District Purpose of Request: To allow for a Multi-Family residential use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Medium-Density Residential Low-Density Residential, "RS-4.5" Single-Family, Transportation (Starry Medium-Density Residential, North "CN-1" Neighborhood Road), Commercial (Starlight Estates Unit 1) Transportation (Starry Vacant Road) Public/Semi Public Use "RS-4.5" Single-Family, (Under Construction- South "FR" Farm Rural Southeast ES & Creekside MS) Vacant Medium-Density "CG-2" General Vacant, Residential East Commercial, Agricultural, "RS-4.5" Single-Family Public/Semi-Public "FR" Farm Rural, Vacant, West "RS-4.5" Single-Family Low-Density Residential Plat Status: The subject property is not platted Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing Starry Road "Local," 1 Lane, 1 Lane, Residential On-Street Parking, On-Street Parking, 50-foot ROW 40-foot ROW Oso Parkway Designation Section Proposed Section (Unbuilt) (Under "Pill 2 Lanes, 2 Lanes, Construction Parkway Collector 80- 60-Foot ROW, foot ROW Along site frontage Transit: The Corpus Christi RTA does not provide service to or near the subject property. Bicycle Mobility Plan: The subject property is approximately a quarter mile south of planned one-way cycle tracks along each side of Yorktown Boulevard. Utilities Gas: None exists. Stormwater: none exists. Wastewater: A 12-inch PVC (public main) line is under construction along the re-aligned Oso Parkway. Water: An 8-inch PVC (public distribution) line is under construction along the re-aligned Oso Parkway. 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: No improvements are needed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 23 within a 200-foot notification area 2 outside 200-foot notification area In Opposition 1 inside the notification area 0 outside the notification area 1.17% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: June 12, 2024 City Council 1st Reading/Public Hearing Date: July 30, 2024 City Council 2►,d Reading Date: August 13, 2024 Background: The subject, vacant and undeveloped, property is out of the southside area, a quarter mile south of Yorktown Boulevard, an A3 class arterial road, along the east side of Starry Road, a local residential road closed by Ordinance 0330279 on January 30th 2024, one-third of a mile northwest of the Oso Creek, directly across a public/semi-public -educational facility- use under construction, and along the realigned Oso Parkway, a parkway collector right-of-way underway. The properties to the north are zoned "RS-4.5" Single-Family and "CN-1" Neighborhood Commercial District, with the low-density Starlight Estates Unit 1 subdivision, and a vacant property. To the south properties are zoned "FR" Farm Rural District and "RS-4.5" Single- Family District, with some properties that are vacant, and the Creekside Middle School and the Southeast Elementary School. To the east properties are zoned "CG-2" General Commercial District and "RS-4.5" Single-Family, with vacant parcels, and the previously mentioned public/semi-public use. To the west, properties are zoned "FR" Farm Rural "RS-4.5" Single- Family. The area between Rodd Field Road, Yorktown Boulevard, and Oso Creek, was annexed in the mid-1990s and since, has subsequently been subject to multiple re-zonings since the early 2000s for the densest single-family zoned development. It is home to the Rancho Vista, Riverbend, and Starline Estates subdivisions, primarily zoned "RS-4.5" Single-Family. A similar pattern can be found north of Yorktown Boulevard, with limited general commercial districts, and the prevalent neighborhood commercial districts. The applicant is requesting an amendment from the current "FR" Farm Rural district to the "RM-2" Multi-Family District to accommodate a multi-family development. The "RM-2" Multi- Family District permits apartments, single-family and two-family houses, townhomes, cottage housing developments, group homes, educational facilities, parks and open areas, and places of worship. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. ■ Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing type-rental and ownership, market-rate and assisted- to meet community needs. o New and redeveloped housing is resource efficient. ■ Promote resource efficiency in all new housing through financial or financial incentives, such as permit streamlining. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ 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, Iocational needs, and characteristics of each use. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. Southside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is generally consistent with the Southside ADP; however, It is inconsistent with the future land use designation of medium-density residential. 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 amendment to the current zoning district is consistent with many elements and goals of the City of Corpus Christi Comprehensive Plan (Plan CC); however, it is inconsistent with the future land use designation of medium-density residential, warranting an amendment to the Future Land Use Map (FLUM). • The subject property is out of one of the remaining "FR" Farm Rural District pockets, south of Yorktown Boulevard, along the east side of Starry Road, interior to the upcoming Oso Creek Corner mixed use development boundaries, to its northeast and southeast. o The Oso Creek Corner mixed use development is located along the east side of Starry Road to the Oso Creek, and south of Yorktown Boulevard. Insofar, the master preliminary plat was approved by Planning Commission on October 5, 2022, as well as the Phase I Preliminary Plat, conditionally on October 19, 2022, and currently under construction are the Creekside Middle School and the Southeast Elementary School facilities with their associated public improvements, including the re-aligned Oso Parkway. Zoning amendments from the "FR" Farm Rural District, subsequently followed, to the "CN-1" Neighborhood Commercial District along Yorktown Boulevard, to a "CG-2" General Commercial District, and back to a "CN-1" District to Oso Creek, immediately east of Starry Road, with the "RS-4.5" District south of these districts. ■ The approximate net 220-acre mixed-use development is to tentatively contain approximately 10 acres of retail pads, 30 acres of multi-family developments with a maximum density of 37 units per acre, of which, 14 acres is to be immediately adjacent to the subject parcel, a 40-acre site to educational facilities, and approximately 51 acres devoted to the densest single-family district. • The area between the Oso Creek, Yorktown Boulevard, and Rodd Field Road, annexed in 1995, has been subject to several land use amendments since the early 2000s, with properties east of Starry Road and south of Yorktown Boulevard remaining undeveloped and clear of any land use decisions until recently. The area has been heavily developed with single-family uses, with no multi-family uses present, and limited commercial uses. With the adjacency of the site to the Oso creek Corner development, an opportunity to diversify the housing stock to meet a variety of incomes and stages of life cycle is presented. • The property is deemed suitable to be developed per the applicant's request. While closure of Starry Road will result into a common boundary with single-family residential zoned lots, the UDC ensures compatibility through several means, including the provision of a buffer yard. o The City-retained 15-foot utility easement, through the ordinance closing Starry Road, to the lift station (south of the property), wider than the UDC's prescribed buffer yard (10-foot setback and 6-foot solid fence), will act as a buffer to the single-family uses to the west. Planning Commission and Staff Recommendation (June 12, 2024): 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 "FR" Farm Rural District to the "RM-2" Multi-Family District. • Southside is characterized by a large age bracket of 35-64, followed by the 15-34 group, with one of its vision themes being that it is a safe family-oriented place that continues to attract families, and various infrastructure, especially in the vicinity; the area is suitable for this type of development, as it can sustain a high quality of life also for a wider spectrum of residents; such as outdoor enthusiasts, or young families. The proposed development support the goals of Plan CC and the ADP. • The requested zoning amendment is compatible with the present zoning of nearby properties; and is an appropriate land use, especially adjacent to the Oso Creek Corner development underway. o The Oso Creek mixed use development is proposing multi-family uses adjacent to the subject property. The "CN-1" Neighborhood Commercial District immediately to the northeast of the subject parcel allows densities of 37 units per acre, while the "RM-2" Multi-Family District is limited to 30 units per acre. The "CG-2" General Commercial District to the east, is proposed to include multi- family uses on the interior, adjacent to the educational facilities, and the district also allows 37 units per acre. • The proposed rezoning will not have a negative impact upon the surrounding neighborhood and properties, if approved. Attachment(s): (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (C) Returned Notice (s) (A) Metes & Bounds Description and Exhibit Project No.20240301 March 15,2024 7.141 Acre Zoning Tract STATE OF TEXAS§ COUNTY OF NUECES§ FiELDNOTES, for a 7.141 Acre, Zoning Tract, situated in the Rincon Del Oso — Enrique Villareal Grant,Abstract 1,being out of Lot 15,Section 34,of the Flour Bluff&Encinal Farm& Garden Tract as shown by plat recorded in Volume A,Pages 41-43,of the Map Records of Nueces County,Texas,comprising of a 6.00 Acre Tract of Land and a I.140 Acre Tract of Land referenced as Tract 11, described in a Warranty Deed form Corpus Christi Island Apartment Management Group, LLC to Azali Investment, LLC, recorded.in Document No. 2023025921, of the Official Public Records,Nueces County,Texas;said 7.141 Acre Tract being more fully described by metes and bounds as follows: Beginning, at a 5/8 Inch Iron Rod Found, for the East corner of the said 6.00 Acre Tract and this Tract; Thence,South 28044'30"West,with the Southeast boundary of the said 6.00 Acre Tract, at 395.78 Feet,pass a 5/8 Inch Iron Rod Found 0.90 Feet to the Left,being the East corner of the said 1.140 Acre Tract, for the South corner of the said 6.00 Acre Tract,in all 471.41 Feet,to the South corner of the said 1.140 Acre Tract and this Tract; Thence,North 61°17'46"West,with the Southwest boundary of the said 1.140 Acre Tract, 659.84 Feet,to a Cotton Spindle Found,for the West corner of the said 1.140 Acre Tract and this Tract; Thence,North 28°44'30"West,with the Northwest boundary of the said 1.140 Acre Tract, at 59.55 Feet pass a Mag Nail Found, at 75.50 Feet pass a Cotton Spindle Found,being the West corner of the said 6.00 Acre Tract,for the North corner of the said 1.140 Tract,in all 471.41 Feet, to a 518 Inch Iron Rod Found with plastic cap,for the North corner of the said 6.00 Acre Tract and this Tract; TBPELS FIRM NO.10194750 JOCA R WWW.CARRLANDSURVEY.COM LAND SURVEVFNG HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US HWY 281 STE.H#193 CORPUS CHRISTI,TX 79413 MARBLE FALLS,TX 78654 361.24R.1850 a30.321.4569 Thence, South 61°17'46"East,with the Northeast boundary of the said 6.00 Acre Tract, 659.84 Feet,to the Point of Beginning,containing 7.141 Acres(311,057 SgFt)of Land,more or less,of which 0.216 Acres more or less lies within the Right-of-Way of Starry Road,leaving a Net Acreage of 6.925 Acres,more or less. Grid bearings herein are referenced to the Texas Coordinate System of 1983,Texas Central Zone 4203,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless the fieldnote description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying Zoning Exhibit of Tract described herein. �E OF TF DAMES DAMD C AIR R IYUC1 , <'. 6458 p James D.Carr,RPLS suR��� TX License No.6458 March 15,2024 TBPELS FIRM NO.10194750 JOCA R WWW.CARRLANDSURVEY.COM LAND SURVEYING HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US HWY 281 STE.H#193 CORPUS CHRISTI,TX 79413 MARBLE FALLS,TX 79654 361.248.1850 930.321.4569 °ooUr� aaa2 E~ � Q r c o c2,Mi, � o N o 0) c 3 c < i l 0 � =e1 V 0 4 to N w O _ LLJ a" £~ d a•o �• _ o m v E m w Q c,ly- "a' o O y c o- ) F. LLJO NON C w O O N� no °ao N��o L 0 p1'm p d o oEo o °No cl) Ci V1 N 4 N ar H T C� M N p J r9s! 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(o O 00LLJ p 8F `a Sr s� �rn�my N Oo .oe96 g ge L(a CC' �d Ll7S F �rxM�, U -o v z w a� diS ��n d� Cr7 3 p C m -� o ���y(\ \ LL�I q P� x 7 Co U J o ti O X �a F p .� H z r < W c p 0 i Z F _ ¢ Z ~ v J O Z N F C N � ¢ o � E a) �� N m vam i Z us , ca � c c ZZ 664 O Q a m (B) Existing Zoning and Notice Area Map. r 1 e r 19 2 =a� lg 17 16 CN- 1 15 e 14 4 Is- ,.15 13 12 11 1 3 G—2 r to SUBJE,C.,T 9 PROPERTY A 23 22 2 ,1 FR 8 S 6 I f 7 RS-4. 5 r CASE: ZN8254 Zoning and notice Area S RM-1 Multrfamily 1 IL Light Intl ustrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit be,Oyerlay ON Professional OMoe RS-10 Single-Family 10 RM.4T Multifamily AT RS-6 Single-Family S CN-1 Neighborhood Comm erelal RS-0.5 Single-Family,,.E CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Reson Commercial RS-15 Single-Family 15 CR-2 R-on Commereial RE Reaidemial Estate CG-1 Ganeral Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Comm"'ial RV Recraat'wnal Vehicle Park CBO Downtown Commercial RMH Manufactured Home CRa Resort Commercial /---� FIR Farm Rural / H Historic Overlap SUBJECT BP Business Park PROPERTY 0 Subs P,p-y 9wrwrs weh2ao a ,v O, tawr �:owr rsaae�z0�'a»edra V_ owners Ci[Y Uf ES is HERE _ a an owaa�n�tana A aim C' PLIS LOCATION MAP Christi (C) Returned Notice (s) PUBLIC HEARING NOVICE CITY PLANNING COMMISSION Rezoning Case No. ZN8254 Azali Investments LLC has petitioned the City of Corpus Christi to consider a change of zoning from thr "FR" Farm Rural District to the"RM-2" Multi-Family District resulting in a change to the Future Land Use Map.The property to be rezoned is described as: A property located at or near 7702 Starry Road and described as 7.14 Acres out of Lot 15, Section 34, Flour Bluff Encinal Farm and Garden Tract, located along the east side of Starry Road, south of Yorktown Boulevard,and north of Oso Creek. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be ■ held on Wednesday, June 12 2024 during one of the Planning Commission's regular meetings, which begins at 5.30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this 4 public hearing to eMess your views on this rezoning request. The Planning Commission may recommend to the City Council approval or denial, or approval of an intermediate zoning classification and/or Special • Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta pars ayudarle. Para mas information, favor de Ilamar al Departamento de Servicios de Desarrolic (361) 826- 3240. NOTE., In accordance with the Planning Commission Sy-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant conceming an application or appeal,either at home or office,or in person,by telephone call or by letter. 7 Tex.Admin.Code§211.006(d), Corpus Christi Unified Dev.Code§3.3.4 To be on the record,this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return ddress on this notice or via email to zoningocctexas.com. Property Owner(s)Name: ' f { Address: � Phone Na; ( ) IN FAVOR A IN OPPOSITION WOrN: t ` =, nnerAssigne I f�� arad]aRegistr� <�� Email:Sarad'aR cctexas 574 (} Phonase No:ZN82 4 INFOR Case No:ZN825 1 + Property Owner 4D:13 ox . Zoning Case ZN8254 r 9* Azali Investments LLC a �y F •` District 5 Rezoning for a property at or near w �� , �' �•'� r" 7702 Starry Road *A ��•`.���y«. <,�,� °��„ �.;-. From the "FR" Farm Rural District To the "RM-2" Multi-Family District s f. r i re SUBJECT 6W PROPERTY City 0t Es.HERE 3 + Corpus LOCATION MAP Chrilli ■ City Council July 30, 2024 Zoning and Land Use Proposed Use: To allow for a multi-family use. aet ADP (Area Development Plan): / CN-, Southside, Adopted on March 17, 2020 �/ 09-03-2023 S:='4 FLUM (Future Land Use Map): 10-28-2015 Medium-Density Residential CG-2 su�dEc�r 09-03-2023 f PROP RTy Existing Zoning District: TR" Farm Rural District Adjacent Land Uses: North: Low-Density Residential, Vacant; Zoned: "CN-1", "RS- 4.5 RS-4.5 South: Public/Semi-Public Use, Vacant; Zoned: "FR", "RS-4.5" j' 03-01/82024 N / East: Public/Semi-Public, Vacant,Agricultural; Zoned: CG-2", "RS-4.5" West: Low-Density Residential, Vacant; Zoned: "FR", "RS-4.5" Public Notification 23 Notices mailed inside the 200' buffer 2 Notices mailed outside the 200' buffer a� = 18 17 16 CN-1 15 Notification Area 14 4 5 3 12 Opposed: 1 (1.17%) 11 3 G_z 10 SUBJEC,T Separate Opposed Owners: (1) PR P'RTr X Z In Favor: 0 (0.00%) FR 8 6 6 0 7 R 4.5 N *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed amendment to the current zoning district is consistent with many elements and goals of the City of Corpus Christi Comprehensive Plan (Plan CC); however, it is inconsistent with the future land use designation of medium-density residential, warranting an amendment to the Future Land Use Map (FLUM). • The property is deemed suitable to be developed per the applicant's request. While the closure of Starry Road will result into a common boundary with single-family residential zoned lots, the UDC ensures compatibility through several means, including the provision of a buffer yard. Right-of-way closures are also typically converted into easements. • The requested zoning amendment is compatible with the present zoning of nearby properties; and is an appropriate land use, especially adjacent to the Oso Creek Corner development underway. • The proposed rezoning will not have a negative impact upon the surrounding neighborhood and properties, if approved. • The City-retained 15-foot utility easement to the lift station (south of the property), wider than the UDC's prescribed buffer yard (10 feet + 6-foot solid fence), will act as a buffer to the single-family uses to the west. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RM-2" MULTI-FAMILY DISTRICT CASE;ZN8254 S Cam` O � r U NORPOfl Fi E ;8 AGENDA MEMORANDUM Actioin Item for the City Council Meeting of July 30, 2024 DATE: July 301h, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Bill Mahaffey, Director of Gas Operations billma-cctexas.com (361) 826-1801 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(u)cctexas.com (361) 826-3169 Professional Services Contract Underground Natural Gas Storage CAPTION: Motion authorizing a professional services contract with NITEC, LLC, of Denver, Colorado in the amount of$4,571,582 for the identification of a reservoir location and design of the Underground Natural Gas Storage project with FY 2024 funding available from the Gas Capital Fund. SUMMARY: This motion authorizes approval of a professional services contract to perform professional engineering design and various supporting services for an underground natural gas storage facility. BACKGROUND AND PURPOSE: Every day CCGAS buys 7 to 40 MMCF (Million cubic feet)of Natural Gas for its 60,000 customers. The daily price changes frequently and is based on a fluctuating daily market index price. Changes in upstream production, demand, and weather events have a dramatic impact on the daily price of natural gas from a low price of $2 to over $300 per MCF (1000 Cubic Feet). In a low market year, CCGAS spends around $10 million to purchase over 3 BCF (1 Billion Cubic Feet) of natural gas for our customers. During high market years CCGAS can spend over $21 million, and in extreme cases over$51 million. The supply shortage in February of 2021 caused by Winter Storm URI drove the price of Natural Gas over $300 per MCF. CCGAS was forced to spend over $40 million in one month to keep the gas flowing to its customers. Since 2021, CCGAS has been looking for a long-term solution to provide price and supply security to our valuable customers. An underground Natural Gas Facility is the best solution to control our future supply and secure natural gas at affordable prices. The Facility could also provide the same security to new industrial customers in the region and a new business opportunity and revenue stream for CCGAS. The primary purpose of the facility is to purchase and store natural gas at affordable rates during low market days, then withdrawal gas during high market rate days. The facility is comprised of large natural gas compressors used to inject natural gas through multiple wells into depleted natural gas reservoirs miles below the earth's surface. Years worth of natural gas can be stored and ready to withdrawal when gas prices are high or during supply shortages. During the withdrawal process natural gas from the reservoirs is processed through a central gas plant to ensure a quality product is delivered to customers. The overall projected cost, encompassing design, construction, and other associated costs, amounts to $46 million. PROJECT TIMELINE: 2024 - 2026 2026 August - January February - April Design Bid/Award Projected schedule reflects City Council award of professional services in July 2024 with anticipated design completion by January 2026. COMPETITIVE SOLICITATION PROCESS: NITEC Inc. was selected in March of 2024 under RFQ 5507 for the Underground Natural Gas Storage project, which was the only project announced under the GAS CIP 2023 Projects category of the RFQ. The Request for Bid solicitation was advertised on Civcast Portal that is widely used for commercial bid advertisements nationally. The project plans were downloaded and viewed by seventy-eight interested contractors. Six firms submitted qualifications for the Underground Natural Gas Storage project. The selection committee was comprised of representatives from the Gas Operation Department and Engineering Services Department. The final evaluation ranked NITEC Inc., as the highest ranked firm based on seven (7) factors: 1. Firm Experience on Projects of Similar Scope and Complexity 2. Firm Capability & Capacity on Comparable Projects 3. Past performance 4. Team Member Experience & Qualifications 5. Team Experience on work of similar Scope and Complexity 6. Team Availability of resources to accomplish the work 7. Demonstrated understanding and experience with a public agency NITEC Inc. has worked on gas projects for over thirty years and has completed multiple comparable gas projects. NITEC has not worked on any gas project associated with the city of Corpus Christi but has worked around surrounding areas, e.g., Eagle Ford and Permian Basin in West Texas. Services include unconventional reservoir evaluation, integrated data reservoir studies, reservoir characterization, reservoir engineering and analysis, stimulation, gas storage modeling, and technical reports. ALTERNATIVES: The City Council could elect not to award the contract to NITEC Inc. Not awarding the contract for these professional services will continue to subject City of Corpus Christi to increased prices in times of high demand. FISCAL IMPACT: The fiscal impact for FY 2024 - 2025 is an amount not-to-exceed $4,571,582.00 with funding available from the Gas Capital Fund. FUNDING DETAIL: Fund: GASCP RR 032950 2023 (Fund 4563) Department: Gas (11) Organization: Grants & Capital Projects Funds (89) Project: Underground Natural Gas Storage (Project No.22123) Account: Outside Consultants (550950) Activity: 22123-4563-EXP Amount: $4,571,582 Year 1 (FY2024): $1,500,000 Year 2 (FY2025): $3,071,582 Total: $4,571,582 RECOMMENDATION: Staff recommends approval of the professional services agreement contract with NITEC, Inc., in an amount not to exceed $4,571,582 for the Underground Natural Gas Storage project. The design phase will begin in August 2024 with its estimated completion by January 2026. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix CIP Page Presentation RFQ No.5036 Underground Natural Gas Storage Proposal Evaluation Score KBC/NITEC WSP Lonquist/JTAM Tiberius Energy Cavern Solutions Campos EPC Services Houston,TX Houston,TX Houston,TX Houston,TX Houston,TX Houston,TX Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Licensing/Certification v v v No Material Lawsuits Past 5 Years %/ v 1-1 No Material Regulatory Issues Past 5 Years %/ References Provided for Firm a/ %/ vf Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 5.6 6.0 4.9 5.3 5.3 4.2 Demonstrated capability&capacity on comparable projects 7.0 6.0 5.6 5.6 4.6 4.9 3.5 Past Performance 7.0 6.0 5.6 4.9 4.6 4.9 4.6 Team members with experience and qualifications 7.0 6.7 6.0 4.6 6.3 5.6 5.3 Team members experience with work of similar scope and complexity 7.0 6.3 6.3 4.9 5.6 5.3 4.9 Availability of resources to accomplish the work 7.0 6.0 6.0 5.6 4.6 4.9 4.6 Demonstrated understanding of the scope of services 14.0 13.3 11.9 11.2 11.9 10.5 9.8 Demonstrated understanding and experience with a public agency 14.0 9.1 11.2 9.8 8.4 10.5 7.7 Subtotal Technical Proposal 70.0 59.8 58.5 51.5 51.1 51.8 44.5 Interview Experience on projects of similar scope and complexity 4.0 3.6 3.4 3.2 2.4 2.2 2.4 Demonstrated capability&capacity on comparable projects 4.0 3.8 3.2 3.0 2.6 1.8 2.2 Past Performance 2.0 1.8 1.5 1.2 1.3 1.2 1.2 Team members with experience and qualifications 4.0 4.0 3.0 2.8 2.8 2.4 2.4 Team members experience with work of similar scope and complexity 4.0 3.6 2.8 3.2 2.6 1.8 2.0 Availability of resources to accomplish the work 2.0 1.7 1.7 1.5 1.0 1.0 1.1 Demonstrated understanding of the scope of services 5.0 5.0 4.3 3.8 3.5 3.0 2.3 Demonstrated understanding and experience with a public agency 5.0 3.3 3.3 3.0 2.0 2.0 2.5 Subtotal Interview 30.0 26.8 23.1 21.7 18.2 15.4 16.1 in Total Score 100.0 85.6 81.1 13.1 69.3 67.2 10.1 Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 22123 Project Name Underground Natural Gas Storage Type Improvement/Additions Department Gas Department _ Useful Life 25 years Contact Director of Gas Operations y + Category Gas Priority Asset Condition\longevity a — Council District Outside City Limits r`. Status Active Description This project consists of the design and construction of a underground natural gas storage facility that will aid the City's Gas department in securing reliable and affordable gas for their customers.The primary use for the facility is store gas when the rates are low and withdrawal when the rates are high,reducing the risk of volatile gas price hikes. The Storage facility will be designed with a minimum of 40,000 MIVIBtu per day withdrawal rate to serve customers during peak usage.Additional Storage and withdrawal capacities will be marketed to nearby industries and midstream Gas companies to increase revenues to support the project.This facility may also be expanded to support green energy projects like renewable natural gas and carbon capture. Justification The ability to store gas for future use hedges against unforeseen price fluctuations and supply for the end user.The facility will also provide additional revenue from marketing excess storage/withdrawal capacity. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 4,000,000 18,000,000 18,000,000 40,000,000 Land Acquisition 1,000,000 1,000,000 Design 50,000 1,500,000 3,000,000 4,550,000 Eng,Admin Reimbursements 5,000 110,000 400,000 380,000 895,000 Total 55,000 6,610,000 21,400,000 18,380,000 46,445,000 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 55,000 6,610,000 21,400,000 18,380,000 46,445,000 Total 55,000 6,610,000 21,400,000 18,380,000 46,445,000 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 291 RFB 5840 Project No.21027 New Peoples Street Boardwalk ID:RFB 5840 Project No.21027 Item Description Unit Quantity SR Trident Total Russell Marine Total Orion Al Mob&Demob AL 1.00 $271,903.00 $271,903.00 $325,000.00 $325,000.00 $369,000.00 $369,000.00 $217,791.00 $217,791.00 Sub Totals $271,903.00 $325,000.00 $369,000.00 $217,791.00 A2 Bonds& AL 1.00 $62,337.00 $62,337.00 $325,000.00 $325,000.00 $145,000.00 $145,000.00 $162,000.00 $162,000.00 Sub Totals $62,337.00 $325,000.00 $145,000.00 $162,000.00 A3 Traffic Control ILS 1.00 $100,000.00 $100,000.00 $26,944.00 $26,944.00 $40,000.00 $40,000.00 $75,000.00 $75,000.00 Sub Totals $100,000.00 $26,944.00 $40,000.00 $75,000.00 A4 Storm Water LS 1.00 $7,690.67 $7,690.67 $26,182.00 $26,182.00 $13,000.00 $13,000.00 $47,000.00 $47,000.00 Sub A5 Totals $7,690.67 $26,182.00 $13,000.00 $47,000.00 Demolition LS 1.00 $164,587.68 $164,587.68 $181,735.00 $181,735.00 $400,000.00 $400,000.00 $655,417.00 $655,417.00 Sub Totals $164,587.68 $181,735.00 $400,000.00 $655,417.00 A6 Pre-stressed EA 184.00 $5,506.78 $1,013,247.52 $7,829.00 $1,440,536.00 $7,400.00 $1,361,600.00 $6,800.00 $1,251,200.00 A7 Precast Cy 275.00 $3,791.49 $1,042,659.75 $4,025.00 $1,106,875.00 $4,000.00 $1,100,000.00 $5,800.00 $1,595,000.00 A8 Precast SF 13,036.00 $92.37 $1,204,135.32 $64.00 $834,304.00 $80.00 $1,042,880.00 $79.00 $1,029,844.00 Sub Totals $3,260,042.59 $3,381,715.00 $3,504,480.00 $3,876,044.00 A9 Rubber LF 960.00 $253.36 $243,225.60 $169.00 $162,240.00 $285.00 $273,600.00 $219.00 $210,240.00 Sub Totals $243,225.60 $162,240.00 $273,600.00 $210,240.00 A Composite SF 12,985.00 $28.02 $363,839.70 $31.00 $402,535.00 $32.00 $415,520.00 $36.00 $467,460.00 Sub Totals $363,839.70 $402,535.00 $415,520.00 $467,460.00 A11 Guardrailing LF 489.00 $839.26 $410,398.14 $626.00 $306,114.00 $1,100.00 $537,900.00 $991.00 $484,599.00 Sub Totals $410,398.14 $306,114.00 $537,900.00 $484,599.00 Al2 Composite EA 36.00 $9,273.19 $333,834.84 $10,487.00 $377,532.00 $12,000.00 $432,000.00 $15,248.00 $548,928.00 A13 Electrical- EA 12.00 $11,518.08 $138,216.96 $5,481.00 $65,772.00 $6,200.00 $74,400.00 $14,917.00 $179,004.00 A14 Electrical- EA 2.00 $78,521.87 $157,043.74 $92,203.00 $184,406.00 $95,000.00 $190,000.00 $84,721.00 $169,442.00 A15 Electrical- EA 1.00 $106,221.87 $106,221.87 $61,469.00 $61,469.00 $58,000.00 $58,000.00 $239,975.00 $239,975.00 A16 Electrical LS 1.00 $211,074.76 $211,074.76 $384,178.00 $384,178.00 $525,000.00 $525,000.00 $210,790.00 $210,790.00 A17 Electrical-AEP LS 1.00 $87,944.49 $87,944.49 $74,264.00 $74,264.00 $96,000.00 $96,000.00 $105,000.00 $105,000.00 Sub Totals $1,034,336.66 $1,147,621.00 $1,375,400.00 $1,453,139.00 A18 Potable Water LS 1.00 $14,742.00 $14,742.00 $115,256.00 $115,256.00 $121,000.00 $121,000.00 $97,300.00 $97,300.00 Sub Totals $14,742.00 $115,256.00 $121,000.00 $97,300.00 A19 Benches EA 12.00 $3,677.37 $44,128.44 $4,547.00 $54,564.00 $5,600.00 $67,200.00 $6,700.00 $80,400.00 A20 Trash EA 6.00 $2,635.64 $15,813.84 $3,881.00 $23,286.00 $4,300.00 $25,800.00 $2,800.00 $16,800.00 Sub Totals $59,942.28 $77,850.00 $93,000.00 $97,200.00 A21 Pile Top Cone EA 116.00 $57.83 $6,708.28 $188.00 $21,808.00 $1,300.00 $150,800.00 $276.00 $32,016.00 Sub Totals $6,708.28 $21,808.00 $150,800.00 $32,016.00 Grand Total $5,999,753.60 $6,500,000.00 $7,438,700.00 $7,875,206.00 Capital Improvement Plan 2024 1/11"/ 2026 City of Corpus Christi, Texas Project# 21027 Project Name Peoples Boardwalk &Restaurant Foundations Type Improvement/Additions Department Marina Useful Life 25 years Contact Marina Superintendent Category Site Improvements Priority Critical-Asset Condition4ongevity Council District 1 Status Active Description This project is planned for a new Boardwalk for tourists,tenants and the general public.Additionally,a new concrete restaurant pad will be added for vendor/tenant. The new Boardwalk will include new wood,upgraded electrical and water utilities which will restore stability and safety to this area. The boardwalk will be useful to tenants and safe for all. This project will increase pedestrian traffic,and will maintain a safe environment for the City's visitors. The project will be planned over at two year period. Justification The existing Boardwalk has exceeded its useful life and requires replacement to meet safety standards and offer useful walkway for tenants,staff and visitors. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 3,500,000 7,500,000 11,000,000 Design 439,065 439,065 Eng,Admin Reimbursements 48,800 160,000 300,000 508,800 Total 487,865 3,660,000 7,800,000 11,947,865 Funding Sources Prior Years 2024 2025 2026 Total Type A/B Sales Tax(Prior) 487,865 2,612,135 3,100,000 Type A/B Sales Tax(New) 1,047,865 7,800,000 8,847,865 Total 487,865 3,660,000 7,800,000 11,947,865 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 143 �EOP o PROJECT LOCATION N1s �s W E To" — HH�sr� — — IRP,1oN, OHt A� 0`5� � CORPUS CHRISTI BAY S a`°H oa ro FM I FM 21. I �a oq �U Ca 7 Pqq ��4490 NCS 1 yam,, o i p ¢LY Nq QF PEOPLES ST v ' LOCATION MAP a _ wHPECAP NOT TO SCALE co PROJECT LOCATION cy LAWRENC ' d :,_ = EST. r w: . co Is y `IFAl ,r �s ,. ' AERIAL MAP NOT TO SCALE PROJECT NUMBER: 21027 CITY COUNCIL EXHIBIT NEW PEOPLES ST. BOARDWALK CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES A j CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: July 30, 2024 Legistar Number: 24-1171 Agenda Item: Motion awarding a construction contract to SR Trident, Inc., of Gregory, Texas, to construct the new Peoples Street Boardwalk, located in Council District 1, in an amount not to exceed $5,999,753.60, with FY 2024 funding available from Seawall Capital Improvement Fund. Amount Required: $5,999,753.60 Fund Name Fund Department Org Account Activity No. Amount Seawall Sys CIP 3271 57 89 550910 21027 $5,999,753.60 Total $5,999,753.60 Director of Financial Services Date: �y Corpus Chr sti Engineering Peoples Street Boardwalk Council Presentation July 30, 2024 Project Location Corpus Chrsti Engineering LOCATIION MAP .; '.� PROJECT LOCATION µ p ��t N AERIAL MAP f,y rarrosws - N.Zion NEW PEOPLES ST,BOARDWALK arrcoclL ��sie 2 t- Project Scope Corpus ChrSO Engineering This project includes: • Demolishing and replacing the existing piers. • Construction of a new boardwalk and finger piers. • Upgrading the electrical and water utilities_ IqW Project Schedule 3�, J Corpus Chr sCi Engineering 2022 - 2024 20241 1 September - March A M J J August - February Design Bid/Award Construction This project schedule reflects City Council award on July 30,2024 Ll \ i0� Corpus Chr 5Ci \-- Engineering Questions? se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 30, 2024 DATE: July 30, 2024 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com (361) 826-3873 Amendments to Professional Services Agreements for PUC Docket 56427 Petition by Outside City Ratepayers Appealing the Water Rates CAPTION: Resolution to authorize amendments to the Professional Services Agreements with Lloyd Gosselink for attorney services, and NewGen Strategies & Solutions LLC for expert witness services in a cumulative maximum of $523,000 related to the case of Petition by Outside City Ratepayers appealing the Water Rates of the City of Corpus Christi to the Texas Public Utility Commission (PUC Docket No. 56427). SUMMARY: This agenda item provides resources needed for the City's response to PUC Docket 56427. BACKGROUND AND FINDINGS: On March 28, 2024, outside city ratepayers filed petitions at the Public Utility Commission of Texas to appeal the City January 1, 2024 water rates, PUC Docket No. 56427. On June 13, 2024, the PUC referred case to the State Office of Administrative Hearings and identified list of issues to be addressed. The City previously contracted with Lloyd Gosselink law firm for legal services and also contracted with NewGen Strategies & Solutions LLC for initial consultant services in this matter. This agenda item is to request approval to authorize amendments to the Professional Services Agreements to receive additional assistance through FY 25 in a cumulative maximum of$523,000. The Resolution authorizes the City Manager or designee to execute amendments to the Professional Service Agreements and also provides that the funds are attributable in their entirety to the outside city limit ratepayer classes and are to be included in the calculation of the outside city limits water rates. The law firm of Lloyd Gosselink is recommended due to their experience in utility rate cases. The consultant NewGen Strategies & Solutions is recommended due to experience in City utility rates. ALTERNATIVES: Hire alternate consultants. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY24 is $523,000.00 from the Water Fund. FUNDING DETAIL: Fund: 4010 Water Organization: 30000 Water Administration Department: 5 Water Project # (CIP Only): N/A Account: 530001 Outside Legal Counsel Amount: $523,000.00 RECOMMENDATION: Approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution Resolution to authorize amendments to the Professional Services Agreements with Lloyd Gosselink for attorney services, and NewGen Strategies & Solutions for expert witness services in a cumulative maximum amount of $523,000 related to the case of Petition by Outside City Ratepayers appealing the Water Rates of the City of Corpus Christi to the Texas Public Utility Commission (PUC Docket No. 56427). WHEREAS on March 28, 2024, outside city ratepayers filed petition at the Public Utility Commission of Texas to appeal the City January 1, 2024 water rates, PUC Docket No. 56427; WHEREAS, on June 13, 2024, the PUC referred case to the State Office of Administrative Hearings and identified list of issues to be addressed; WHEREAS, the City previously contracted with Lloyd Gosselink law firm for legal services and also contracted with NewGen Strategies & Solutions LLC for initial services in this matter; WHERAS, the consultants have provided estimate of fees to provide assistance to the City in this matter through FY 25 in the cumulative total of$523,000-1 WHEREAS, Texas Water Code Section 13.043 (b)(3) provides that only ratepayers who reside outside the corporate limits of the municipality may appeal the water rates of a municipally owned utility to the Public Utility Commission of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute amendments to the Professional Services Agreement with Lloyd Gosselink for legal services and NewGen Strategies & Solutions for expert witness services in the cumulative amount of $523,000 for services through FY 25 in the Public Utility Commission of Texas Petition of Outside City Ratepayers Appealing the Water Rates of the City of Corpus Christi, SOAH Docket No. 473-24- 19854 and PUC Docket No. 56427. Section 2. The City Council finds that the entirety of the funds for the amendments to the Professional Service Agreements described in Section 1 above are attributable to the outside city limits ratepayers and are to be included in the calculation of the outside city limits water rates. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary SC w 0 AGENDA MEMORANDUM NORP00.P ' City Council Meeting July 30, 2024 zss2 DATE: July 24, 2024 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH(o-)-cctexas.com (361) 826-3105 Written presentment of citizen initiative for future Council Action upon request. CAPTION: Written presentment of citizen initiative for future Council Action if requested by City Council. SUMMARY: A statement of intent to circulate a citizen initiative petition was filed with the City Secretary's Office. The statement of intent contained the required number of signatures. The City Charter states in Article I, Section 4(d)that in the case of an initiative, the City Attorney shall draft an ordinance in legal form, consistent with the laws of the State and the United States, incorporating in substance the text submitted. This is a written presentment. This agenda does not permit City Council consideration on this date. Instead, a majority of the City Council can vote to place this item on a future City Council agenda. CITY CHARTER REQUIREMENTS FOR INITIATIVE PETITION: The City Charter allows citizens to propose ordinances to the City Council through initiative proceedings. Article I Section 4 of the City Charter provides the following procedures when a statement of intent to circulate a citizen initiative petition for a proposed ordinance is filed with the City Secretary with more than 50 signatures of registered voters. 1. The City Attorney drafts an ordinance: a. in legal form containing the substance of the ordinance, b. consistent with the laws of the State and the United States, 2. The City Secretary presents the initiative for the Council's consideration. 3. The City Council has 45 days from the date of presentment to consider the adoption of an ordinance. 4. If the Council fails to take action within the allotted time, then the City Secretary must provide petition pages to the petitioner for circulation among the City's registered voters. 5. The petitioner will have 90 days to gather signatures of at least five percent of the registered voters to force an election on this issue. 6. If a petition is submitted within 20 days, the City Secretary will determine if enough signatures were obtained. 7. If the petition does not contain the required number of signatures, then the petitioner has an additional ten days to supplement signatures, with such supplemental signatures to be verified within ten days by the City Secretary. 8. If a valid petition is submitted, the Council would include a proposition to adopt or reject the proposed initiative on the ballot at the next regular city council election, which is scheduled for November 5, 2024. Background: On June 24, 2024, the City Secretary was presented with an attached statement of intent to circulate a petition calling for the initiative for a proposed ordinance regarding information to be provided regarding mRNA injections. On July 2, 2024, the City Secretary received a clarification statement and the names of the signers to the statement of intent. On July 5, 2024, the City Secretary's Office verified that the statement contained the required number of signatures for the presentation of the initiative to the City Council for consideration. STAFF RESPONSE: On July 22, 2024, the Corpus Christi Nueces County Public Health District Director met with the petitioner to provide information on the health district's vaccination process. Federal law mandates that a patient receive the Centers for Disease Control and Prevention- approved Vaccine Information Statement (VIS) and sign an immunization consent form acknowledging that the patient received the information and understands the potential side effects of the vaccination. Federal law prohibits any vaccine provider from creating or altering the approved VIS document. ALTERNATIVES: Council may: 1. do nothing —The City Secretary will give the Proponent petition pages after 45 days 2. vote to place the item on a future agenda. LIST OF SUPPORTING DOCUMENTS: • Statement of Intent to Circulate petition • Ordinance CCNCPHD SUPPORTING DOCUMENTS • Immunization Patient Process Flow Chart • Vaccine Information Statement Federal Guidelines • Vaccine Information Statement • Consent Form City of Corpus Christi P.O.Box9277,Zip 78469 1201 Leopard St.,Zip 78401 Corpus Christi,Texas78469 (361)826-3105 STATEMENT OF INTENT TO CIRCULATE PETITIONS FORM ICPI CALLING FOR AN INITIATIVE PG 1 See Article I,Section 4 of the City Charter for detailed instructions. 1 Total pages filed: 9 2 REGISTERED MS/MRS/MR FIRST MI OFFICE USE ONLY VOTER DESIGNATED TO Mr. Samuel A Date Filed Wth aty Secretary RECEIVE ALL COMMUNICATIONS NICKNAME LAST SUFFIX FROM SECR TIARY& IV''"°' CITY ATTORNEY N/A Fryer N/A ("DESIGNEE") JUL p 2 2024 3 DESIGNEE'S ADDRESS; APT/SUITE#; CITY; STATE; ZIP CODE MAILING ADDRESS P.O. Box 81369, Corpus Christi, Texas 78468 CITY SECRETARY'S OFFICE 4 DESIGNEE'S AREA CODE PHONE NUMBER EXTENSION PHONE ( 361 ) 510-7321 N/A 5 NAMES & ADDRESSES OF FIFTY REGISTERED a FORM ICPI-S is attached. (Note: FORM ICPI-S must be submitted with FORM ICPI.) VOTERS COMMENCING INITIATIVE PROCEEDINGS ATTACHED? 6 DESIGNEE'S SIGNATURE I am aware that the power of initiative set out in Article I, Section 4 of the City Charter shall not extend to specific items contained in the operating or capital budgets of the city, contracts, appropriations already made, the levy of taxes orthe individual salaries of city officials or employees. ,j�c f �— Designee/ 07/01/2024 Signatureof Date Signed www.cetexas.com Revised 07/08/2016 Samuel Aundrd Fryer P.O. Box 81369 Corpus Christi, Texas 78468 July 1, 2024 City Secretary City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Reference Letter of Intent to Circulate a Petition, dated and Stamped Received on July 24, 2024 Dear Ms. Rebecca Huerta: This letter is to inform your office of a single word correction to a typographical error related to the letter of intent to circulated petition filed with the City Secretary's Office on July 24, 2024. The petition called for an initiative requiring a City Council ordinance requiring the Corpus Christi -Nueces County Public Health District(CCNCPHD) and the medical community to community to fully inform the public of the potential harm caused by the mRNA, gene-therapy injections. The first sentence of the second paragraph read: "We the People of the United States of America and Citizens of Corpus Christi petition the Corpus Christi City Council to rectify the grave harm done to the citizenry by not ensuring adequate and through consent during the administration of experimental messenger RNA (mRNA) gene-therapy COVID-19 shots and boosters." It should have read: We the People of the United States of America and Citizens of Corpus Christi petition the Corpus Christi City Council to rectify the grave harm done to the citizenry by not ensuring adequate and thorough consent during the administration of experimental messenger RNA (mRNA) gene-therapy COVID-19 shots and boosters. Sincerely, c- �LtZAA Samuel Aundrd Fryer�— Registered Voter Designated to Receive All Communications from City Secretary and City Attorney June 24, 2024 RECEIVE JUN 2 4 2024 City Secretary City of Corpus Christi LCITYCR�T'ARY'S OFFICE 1201 Leopard Street Corpus Christi, Texas 78401 Dear Ms. Rebecca Huerta: Pursuant to Article I, Section 4 of the Corpus Christi City Charter,this letter is to inform you that the undersigned hereby states the intent to circulate a petition calling for the initiative as indicated below, albeit excluding the associated whereas statements: We the People of the United States of America and Citizens of Corpus Christi petition the Corpus Christi City Council to rectify the grave harm done to the citizenry by not ensuring adequate and through consent during the administration of experimental messenger RNA (mRNA) gene-therapy COVID-19 shots and boosters. The Corpus Christi -Nueces County Public Health District(CCNCPHD) and the medical community have failed to inform the public of a multitude of adverse effects—including death,myocarditis and pericarditis, autoimmune diseases, blood clots, reproductive disorders, miscarriages, and stroke—resulting from receipt of these injections. Additionally,the appropriation of health grant funds incentivizes the CCNCPHD to operate immunization programs targeting children and adolescents who are not at risk of harm from COVID-19 disease, but are at grave risk of harm from mRNA gene-therapy injections. In spite of the fact that over 98% of those infected by SARs-CoV2 virus and contract COVID-19 disease recover with or without adequate medical treatment,the Centers for Disease Control and Prevention(CDC) and the Food&Drug Administration(FDA) continue to promote these dangerous injections as being beneficial without unbiased, scientific and clinical proof. BE IT RESOLVED: The constituency, Citizens of Corpus Christi, demand that our elected representatives of the Corpus Christi City Council adopt a city ordinance requiring the Corpus Christi -Nueces County Public Health District(CCNCPHD) and the medical community to fully inform the public of the potential harm caused by the mRNA, gene-therapy injections— including, but not limited to death, myocarditis and pericarditis, autoimmune diseases, blood clots, reproductive disorders,miscarriages, and stroke. This informed consent should be in writing with associated recipient signature. Sincerely, Samuel Aundrd Frye Registered Voter Designated to Receive All Communications from City Secretary and City Attorney Initiative (Petition) to the Corpus Christi Mayor and City Council Ordinance requiring Corpus Christi — Nueces County Public Health District and medical community to warn citizens of the Dangers of mRNA, gene-therapy injections. Informed consent should be in writing with associated recipient signature. Agreed to and signed by the below persons: Line# Date Name Line# Date Name 1 24-Jun-24 Samuel Aundra Fryer 35 27-Jun-24 Lorena George 2 24-Jun-24 Janet Reynolds-Kettenring 36 27-Jun-24 Kelly Rodriguez 3 24-Jun-24 Roxana Bell 37 27-Jun-24 Eliza Leal 4 24-Jun-24 Patricia G. Dragon 38 27-Jun-24 Kaelyn Martinez 5 24-Jun-24 Susan Lamb 39 27-Jun-24 Flora Flores 6 24-Jun-24 Jesse Suarez 40 27-Jun-24 Tya R. Issitt 7 24-Jun-24 Arthur Norman 41 27-Jun-24 Valentine Garza 8 24-Jun-24 Pamela Woods 42 27-Jun-24 Gregory Witt 9 24-Jun-24 Kimberly L Briges Young 43 27-Jun-24 Laura Witt 10 24-Jun-24 Guy Saponari 44 27-Jun-24 Laura Stewart 11 25-Jun-24 Patricia G Anderson 45 27-Jun-24 Wayne Stewart 12 25-Jun-24 Melinda De Los Santos 46 27-Jun-24 Candy McDonald 13 25-Jun-24 Joan Carrillo 47 27-Jun-24 Ross McDonald 14 25-Jun-24 Bruce Switalla 48 27-Jun-24 Susan Givens 15 25-Jun-24 Marie Aldape 49 30-Jun-24 Cindi Allen 16 25-Jun-24 Audra Senterfitt 50 30-Jun-24 Amy Taylor 17 25-Jun-24 Yvette Mendiola 51 30-Jun-24 Nolan Culp 18 25-Jun-24 Chuck Burnett 52 30-Jun-24 Norma Hughes 19 25-Jun-24 Kathy Gromoll 53 30-Jun-24 Darryl Hughes 20 25-Jun-24 Patricia M Craig 54 30-Jun-24 Ron Benavides 21 25-Jun-24 John Moore 55 30-Jun-24 Zackary Bibb 22 25-Jun-24 Carrie Moore 56 30-Jun-24 Victoria Bibb 23 25-Jun-24 Victoria Holland 57 30-Jun-24 Sandra Bibb 24 26-Jun-24 Diane Gardner 58 30-Jun-24 Tyler Graham 25 26-Jun-24 Heide Scholz 59 30-Jun-24 Bill Townsend 26 26-Jun-24 Shelley Krumnow 60 30-Jun-24 Mark De Luna,Jr 27 26-Jun-24 Gloria Jones 61 30-Jun-24 Dora De Luna 28 27-Jun-24 Beata Gorley 62 1-Jul-24 William Mills 29 27-Jun-24 Andrea Brendel 63 1-Jul-24 Royce Albrecht 30 27-Jun-24 Antonio Valverde 11 64 1-Jul-24 Laurie Turner 31 27-Jun-24 Ernie Pena 65 1-Jul-24 Andrew DuArte 32 27-Jun-24 Victoria R.Valverde 66 1-Jul-24 Connie Kitten Parhay 33 27-Jun-24 Joe Perez 67 1-Jul-24 Carmen A. Calderone 34 27-Jun-24 Shannon Champine FORM ICPI-S Page I of REGISTERED VOTERS COMMENCING INITIATIVE PROCEEDINGS (VOTANTES REGISTRADOS QUE COMIENZANLOS PROCEDIMIENTOS DE LA INICL9TIVA) We,the undersigned registered voters of the City of Corpus Christi,hereby affirm that we intend to circulate petitions calling for an initiative,in the City of Corpus Christi,proposing the attached Ordinance.(Nosotros,los votantes de la Ciudad de Corpus Christi,registrados a inscritos,afirmamos por la presente que tenemos la intenci6n de distribuir peticiones que soliciten una iniciativa,en la Ciudad de Corpus Christi,proponiendo la Ordenanza adjunta.) The full text of the Ordinance is attached.(El texto completo de la Ordenanza ester adjunto.) Please print your name and residence address(street number and name)clearly and make your signature in ink.(Por favor imprima su nombre y direccion(numero y nombre de calle) claramente ha a su firimna en tinta. Date Signed Printed Name Residence Address(City,Texas,Zip) Signature (Fecha) J (Nombre en Tetra de m/olde) (Direcci6n de Residencia(Ciudad,C6digo Postal) (FlrmaJ 1 L:Ie G 62t4a d , 1 u 2 June a to - eEfen / a a� (f-hri 7 - 3 &_ - 2oZ Ro a � "l1 3555 A C,C 7 $4tJ 4 -Z 4-Zo I- PA-rP—I C 14 G,�2f�cG o^) 3 Z`�-4-- �'f L4rP1:-,�MY 15T c �2�4-r¢ 5 - any s 65L,a�2 k (31 EASTc9 D�f C CeR S cl*fYI 78 1S 7 G a 1, ,(I-kk"A( $ 4PIdq Ij� Mneja o o d 9dlce _ e.17e L)C TX -1641 9 oZ Z u Lr .t 8s q-I v �6 0 vD r, GL 11 -z s pl "-Jc 12 Zs Z y L(lri 1 L�G7S l vLr G l 99q/l 13 �_ 25_aTo Ulan et Dr, O.e, a 794[3 14 6-a.S�-aq 15mcee Swltatba ao(a I al61rt 5-t, Q)r is arlfb iv 19447 15 G. as. a4 M��e �( 048- EaI�rG�oi FORM ICPI-S Page 2 of_�r REGISTERED VOTERS COMMENCING INITIATIVE PROCEEDINGS (VOTAIVTES REGISTRADOS QUE COMIENZANLOS PROCEDIMIENTOS DE LA INICIATIVA) We,the undersigned registered voters of the City of Corpus Christi,hereby affirm that we intend to circulate petitions calling for an initiative,in the City of Corpus Christi,proposing the attached Ordinance.(Nosotros,los v otantes de la Ciudad de Corpus Christi,registrados a inscritos,afirmamos por la presente que tenemos In.intention de distribuir petitions que soliciten una iniciaba,en la Ciudad de Corpus Christi,proponiendo la Ordenanza adjunta.) The full text of the Ordinance is attached.(El texto completo de is Ordenanza est6e adjanto.) Please print your name and residence address(street number and name)clearly and make your signature in ink.(Por favor imprima su nombre y direction(numero y nombre de calle) claramente ha asu flrma en tinta. Date Signed Printed Name Residence Address(City,Texas,Zip) Signature (Fecha) (Nombre en Tetra de molde) (Direction de Residencia(Ciudad,Codigo Postal) 16 o1�/ay ifJ�lf� S YIC oa. iarA C,.G, 17 (o �S 2YVC.Sy ( o w c yic 18 19 ara �I, nnR��� zo mv� }s i �FbTRlelVbl�1,.CR.tQilr �/�-C 21 22 Z � Y 0 C -l9[f 2s 24 zs 41 QC 002 —Q!L-0(2 lt2-42 26 2D 2 1n e 1 l¢ rn Z r-e,eZ 7 .7)( %Lt O2- 27 (� a �a [L)r(o- o vies I-v l s 5CC 7PV/Z 28 1 �le-uv2 zg 4 C 1�6 30 a 3,20 (�l. n r Cc T S FORM ICPI-S Page 3 of_A� REGISTERED VOTERS COMMENCING INITIATIVE PROCEEDINGS (VOTANTES REGISTRADOS QUE COMIENZAN LOS PROCEDIMIENTOS DE LA INICIATIVA) We,the undersigned registered voters of the City of Corpus Christi,hereby affirm that we intend to circulate petitions calling for an initiative,in the City of Corpus Christi,proposing the attached Ordinance.(Nosotros,los votantes de la Ciudad de Corpus Christi,registrados a inscritos,afirmamos por la presente que tenemos la intenci6n de distribuirpeticiones que soliciten una iniciativa,en la Ciudad de Corpus Christi,proponiendo la Ordenanza adjunta.) The full text of the Ordinance is attached.(El texto camp leto de is Ordenanza estd adjunto.) Please print your name and residence address(street number and name)clearly and make your signature in ink.(Por favor imprima su nombre y direccion(numero y nombre de calle) claramente hacla su fi rma en tinta. Date Signed Printed Name Residence Address(City,Texas,Zip) Signature (Fecha) (hombre en letra de molde) (Direcci6n de Residencia(Ciudad,C6digo Postal) (Firma/ 31 ,C—j2n/ C 32 p1c� i c h YL. G lu cki 7221 S .S)Zi lcs S� u2N CC I>( ? q 13 33 Qal t3 iurrS r b 34 z Vei 5Z°� V fp Lr l 2VAS Z 35 36 b MU b of J Br tL. C 37 K q1/' LM 'UV -V( I 39 ��1` �/ U f 5 4(" 40 41 _ I nor Act ,2310 G L�t°l f C T $t' 42 6 #6 a- 43 - Y M t7 /i Z i 44 co. ^ Lq((1�a Lj cj-�-T �V 19 1 n W `A 46 FORM ICPI-S Page 4 of REGISTERED VOTERS COMMENCING INITIATIVE PROCEEDINGS (VOTANTES REGISTRADOS QUE COMIENZANLOS PROCEDIMIENTOS DE LA INICL9TIVA) We,the undersigned registered voters of the City of Corpus Christi,hereby affirm that we intend to circulate petitions calling for an initiative,in the City of Corpus Christi,proposing the attached Ordinance.(Nosotros,los votantes de la Ciudad de Corpus Christi, registrados a inscritos,afirmamos por la presente que tenemos la intenci6n de distribuir peticiones que soliciten una iniciativa,en la Ciudad de Corpus Christi,proponiendo la Ordenanaa adjunta.) The full text of the Ordinance is attached.(El texto completo de la Ordenanza estd adjunto.) Please print your name and residence address(street number and name)clearly and make your signature in ink.(Por favor imprima su nombre y direccion(numero y nombre de calle) claramente,u haaa su flan en tints. Date Signed Printed Name Residence Address(City,Texas,Zip) Signature (Fecha) (Nombre en letra de molde) \ \ (Direcci6n de Residencia(Ciudad,C6digo(Postal) (� �(M-a) 1 46 li` a7 os Q Ctt J VOf �5 �J W 1� b 47 ° IR2�j cka a� ' Qo( C (l5h I-f-X 2 (� 48 d�p, 2� lV v VL oZO��CP` Lys 49 14 3o a nLa:is ' 1�0( e vJ �o��n L;N �S* 50 -1 �Jl fl a� I ,Vh 1 JV — I -4�' (c) 51 Gt d sac�7�K 53 � Cr�� 54 ss (� 3U a z�kA� 13,hS r7 °� Z� I dr CL 11 56 JO 2 Vl '76c4 s7 DroL 1l 58 75;", —r fl Ll kr o llo,111 errs' c c TY 7,Pq s9 6-3 ° di4L, T0,4,1jeN,0 C' Si c q, (�x 7 r Yu I 1 (//h 60 - 3 eoaM ICPI-S Page S of REGISTERED VOTERS COMMENCING INITIATIVE PROCEEDINGS (VOTANTES REGISTRADOS QUE COMIENZANLOS PROCEDIMIENTOS DE LA INICIATIVA) We,the undersigned registered voters of the City of Corpus Christi,hereby affirm that we intend to circulate petitions calling for an initiative,in the City of Corpus Christi,proposing the attached Ordinance.(Nosotros,los votantes de la Ciudad de Corpus Christi,registrados e inscritos,afirmamos par la presente que tenemos la intenci6n de distribuir peticiones que soliciten una iniciativa,en la Ciudad de Corpus Christi,proponiendo la Ordenanza adjunta.) The full text of the Ordinance is attached.(El texto completo de la Ordenanza esta adjunto.) Please print your name and residence address(street number and name)clearly and make your signature in ink.(Por favor imprima su nombre y direction(numero y nombre de calle) claramente,tj ha a su flan en tinta. Date Signed Printed Name Residence Address(City,Texas,Zip) Signature (Fecha) (Nombre en tetra de molde) (Direcci6n de Residegcia(Ciudad, bdigo Postal) (Firma) 61 � �. .� N� ��i�6 62 63 Z ,p i e 7 -2O T lO 64 -1 o u a VAb_v t: Cc. rt 65 - Ave-, �2� � �_ 7 4oS 66 n i Y u� I+ c� /� /r C 8� 67 '�_ ! _ Car n Q eroa�- f. ��I La d5 Erin AP. 6 C T!Y 79YLY 68 69 70 71 72 73 74 75 Ordinance for the Corpus Christi-Nueces County Public Health District to provide information with regards to potential risks of the mRNA injection WHEREAS, on June 24, 2024 and July 2, 2024, the City of Corpus Christi received a Statement of Intent to Circulate a Petition calling for an Initiative in accordance with Article IV, Section 1 of the City Charter; WHEREAS, the City Secretary's Office confirmed that the Statement of Intent to Circulate a Petition calling for an Initiative contained at least the requisite 50 signatures from registered voters of the City; and WHEREAS, in accordance with the City Charter, the City Attorney has drafted this ordinance in legal form, incorporating the substance of the text submitted to the extent possible in compliance with the laws of State of Texas and the United States. NOW THEREFORE, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the Corpus Christi — Nueces County Public Health District shall provide, to the extent not prohibited by state or federal laws, information regarding potential risks of mRNA injections consistent with information provided by the state or federal agencies that oversee injections. Introduced and voted on the day of 2024. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary VACCINE INFORMATION STATEMENT Many vaccine information statements are COVID 19 Vaccine: available in Spanish and other languages. See www.immunize.org/vis Hojas de informacion sobre vacunas estan What You Need to Know disponibles en espanol y en muchos otros idiomas.Visite www.immunize.org/vis 1 . Why get vaccinated? For people 12 years of age and older,updated COVID-19 vaccines,manufactured by ModernaTX, COVID-19 vaccine can prevent COVID-19 disease. Inc. or Pfizer, Inc., are approved by FDA. Vaccination can help reduce the severity of COVID-19 • Everyone 12 years and older should get 1 dose of disease if you get sick. an FDA-approved,updated 2023-2024 COVID-19 COVID-19 is caused by a coronavirus called vaccine. If you have received a COVID-19 vaccine SARS-CoV-2 that spreads easily from person to recently,you should wait at least 8 weeks after your person. COVID-19 can cause mild to moderate illness most recent dose to get the updated 2023-2024 lasting only a few days, or severe illness requiring COVID-19 vaccine. • Certain people who have medical conditions or are hospitalization,intensive care, or a ventilator to help taking medications that affect the immune system with breathing. COVID-19 can result in death. may get additional doses of COVID-19 vaccine. Your If an infected person has symptoms,they may appear health care provider can advise you. 2 to 14 days after exposure to the virus. Anyone can Some people 12 years of age and older might get have mild to severe symptoms. a different COVID-19 vaccine called Novavax • Possible symptoms include fever or chills, cough, COVID-19 Vaccine,Adjuvanted (2023-2024 Formula) shortness of breath or difficulty breathing, fatigue instead. This vaccine is available under Emergency Use (tiredness),muscle or body aches,headache,new loss Authorization from FDA. Please refer to the Fact Sheet of taste or smell, sore throat, congestion or runny for Recipients and Caregivers for more information. nose,nausea or vomiting, or diarrhea. • More serious symptoms can include trouble breathing,persistent pain or pressure in the chest, $. Talk with your health new confusion,inability to wake or stay awake, or care provider pale,gray, or blue-colored skin,lips, or nail beds, depending on skin tone. Tell your vaccination provider if the person getting Older adults and people with certain underlying the vaccine: medical conditions (like heart or lung disease or ' Has had an allergic reaction after a previous diabetes) are more likely to get very sick from dose of COVID-19 vaccine or an ingredient in COVID-19. the COVID-19 vaccine, or has any severe,life- threatening allergies • Has had myocarditis(inflammation of the heart 2. COVID-19 vaccine muscle) or pericarditis(inflammation of the lining outside of the heart) Updated(2023-2024 Formula) COVID-19 vaccine is • Has had multisystem inflammatory syndrome recommended for everyone 6 months of age and older. (called MIS-C in children and MIS-A in adults) COVID-19 vaccines for infants and children 6 months ' Has a weakened immune system through 11 years of age are available under Emergency In some cases,your health care provider may decide to Use Authorization from the U. S. Food and Drug postpone COVID-19 vaccination until a future visit. Administration (FDA). Please refer to the Fact Sheets for Recipients and Caregivers for more information. U.S.Department of r Health and Human Services Centers for Disease Control and Prevention People with minor illnesses, such as a cold,may be Seek medical attention right away if the vaccinated vaccinated. People who are moderately or severely person experiences chest pain, shortness of breath, ill should usually wait until they recover. People or feelings of having a fast-beating, fluttering, or with current COVID-19 infection should wait to get pounding heart after COVID-19 vaccination. These vaccinated until they have recovered from their illness could be symptoms of myocarditis or pericarditis. and discontinued isolation. For other signs that concern you, call your health Pregnant people with COVID-19 are at increased care provider. risk for severe illness. COVID-19 vaccination Adverse reactions should be reported to the Vaccine is recommended for people who are pregnant, Adverse Event Reporting System(VAERS). Your breastfeeding, or trying to get pregnant now, or who health care provider will usually file this report, or might become pregnant in the future. you can do it yourself. Visit the VAERS website at COVID-19 vaccine maybe given at the same time as www.vaers.hhs.gov or call 1-800-822-7967. VAERS is other vaccines. only for reporting reactions, and VAERS staff members do not give medical advice. 4. Risks of a vaccine reaction 6. Countermeasures Injury • Pain, swelling, or redness where the shot is Compensation Program given,fever,tiredness (fatigue),headache, chills, muscle pain,joint pain,nausea,vomiting, and The Countermeasures Injury Compensation Program swollen lymph nodes can happen after COVID-19 (CICP) is a federal program that may help pay for vaccination. costs of medical care and other specific expenses of • Myocarditis (inflammation of the heart muscle) certain people who have been seriously injured by or pericarditis (inflammation of the lining outside certain medicines or vaccines,including this vaccine. the heart)have been seen rarely after COVID-19 Generally, a claim must be submitted to the CICP vaccination. This risk has been observed most within one (1)year from the date of receiving the commonly in males 12 through 39 years of age. vaccine. To learn more about this program,visit The chance of this occurring is low. the program's website at www.hrsa.gov/cicp, or call People sometimes faint after medical procedures, 1-855-266-2427. including vaccination. Tell your provider if you feel dizzy or have vision changes or ringing in the ears. 7. How can I learn more? As with any medicine,there is a very remote chance of a vaccine causing a severe allergic reaction, other • Ask your health care provider. serious injury, or death. • Call your local or state health department. • Visit the website of the Food and Drug Administration (FDA) for COVID-19 Fact Sheets, 5. What if there is a package inserts, and additional information at serious problem? wwwfda.gov/vaccines-blood-biologics/industry- biologics/coronavirus-covid-19-cber-re ulg ated- An allergic reaction could occur after the vaccinated biologics. person leaves the clinic. If you see signs of a severe • Contact the Centers for Disease Control and allergic reaction (hives, swelling of the face and throat, Prevention (CDC): difficulty breathing, a fast heartbeat, dizziness, or -Call 1-800-232-4636 (1-800-CDC-INFO) or weakness), call 9-1-1 and get the person to the nearest -Visit CDC's COVID-19 vaccines website at hospital. www.cdc.gov/coronavirus. Vaccine Information Statement OFFICE USE COVID-19 Vaccine 10/19/2023 ONLY Immunization Consent Form Page 1 of 1 Name: Patient ID: Gender: FEMALE Birth Date: Address: Age: County: NUECES Immunizations To Be Given On Friday,July 26, 2024 CORPUS CHRISTI (NUECES COUNTY) CPT Code Vaccine VIS Date Lot No. Mfg. Site 91322 Spikevax 12+ (2023-24) 10/19/2023 8062120 MOD Left Arm Signature/Title of Provider: Screened for Pregnancy? [ ] Yes [] No Next shot due on or around 1. Estoy de acuerdo en que [a persona nombrada arriba reciba la vacuna marcada. 2. He recibido o se me ha ofrecido copia de la hoja con la informaci6n sabre esta vacuna. 3. Conozco los riesgos que esta vacuna previene. 4. Conozco los beneficios y los riesgos de esta vacuna. 5. He tenido la oportunidad de pacer preguntas sabre la enfermedad, la vacuna, y c6mo se da la vacuna. 6. S6 que a la persona nombrada arriba le van a dar una vacuna para prevenir una enfermedad infecciosa. 7. Soy adulto y puedo dar permiso legalmente para que le den las vacunas a la persona nombrada arriba. Por mi propia voluntad firmo y doy permiso para que le den esta vacuna. Firma: Fecha: https://www.twices.dshs.state.tx.usltwices/Immun/ImmTableSignatureForm-asp?clientID=.._ 7/26/2024 Immunization Consent Form Page 1 of 1 Name: Patient ID: Gender: FEMALE Birth Date. Address. vma� Age: County: NUECES Immunizations To Be Given On Friday, July 26, 2024-CORPUS CHRISTI (NUECES COUNTY) CPT Code Vaccine VIS Date Lot No. Mfg. Site 91322 Spikevax 12+ (2023-24) 10/19/2023 8062120 MOD Left Arm Signature/Title of Provider: Screened for Pregnancy? [] Yes [] No Next shot due on or around 1. I agree that the person named above will get the vaccines indicated above. 2. 1 received or was offered a copy of the Vaccine Information Statement for the vaccine(s) listed above. 3. 1 know the risks of the diseases this vaccine prevents. 4. 1 know the benefits and risks of the vaccine. 5. 1 have had a chance to ask questions about the diseases, the vaccine, and how the vaccine is given. 6. 1 know that the person named above will have a vaccine put in his/her body to prevent an infectious disease. 7. 1 am an adult who can legally consent for the person named above to get vaccines. I freely and voluntarily give my signed permission for this vaccine. Signature: Date: https://www.twices.dshs.state.tx.us/twices/Immun/ImmTableSignatureForm.asp?clientID=... 7/26/2024 • •us Christ!-Nueces County • Health District Vaccine Eligibility __ Patient is called To Vaccine is -_-- - clinic room.Nurse administered confirms Name,DOB, Vaccine(s) administered Today. Informed consent by Nurse explains some Nurse reviews The pa}ienT common side effects immunization consent from receiving a form with patient listing vaccine.Nurse asks ent is given The vaccine(s) patient if They have forms To requested.Patient is any questions about complete given The Vaccine The vaccine or Stop Information Sheet and information received reviews The on The vaccine. Patient immunization consent Patient has questions that communicates form.If patient consents Stop need to be asked to medical vaccination request To receive vaccine(s) provider.Patient is referred to and gives front desk Patient signs medical provider. No staff vaccine/Rx Stop immunization on nT Patient declines to sign Vaccine is administered. script or vaccine form and initials They consent.Patient is referred record.Clinic staff received The VIS. to their medical provider. review record To Patient is referred No Vaccine is ensure patient is to their medical administered. eligible To receive provider.No Patient requests vaccine(s). Voccineis vaccine(s)in administered. clinic Staff refer patient to PCP or Pharmacy for vaccinations)since client is not eligible. You Must Provide Patients with Top 10 Facts About Vaccine Information Statements FACT It's federal law!You must provide current*VISs (VISs) - It's Federal Law! 1 to all your patients before vaccinating them. Federal law requires that VISs must be used for patients of ALL ages when administering these vaccines: What are Vaccine Information Statements •DTaP •MMR and MMRV •Td and Tdap •meningococcal(MenACWY, MenB) Vaccine Information Statements(VISs)are documents produced by •hepatitis A •pneumococcal conjugate the Centers for Disease Control and Prevention(CDC),in consulta- •hepatitis B •polio lion with panels of experts and parents,to properly inform vaccinees •Hib •rotavirus (or their parents/legal representatives)about the risks and benefits •HPV .varicella (chickenpox) of each vaccine.VISs are not meant to replace interactions with •influenza(inactivated and live,intranasal) healthcare providers,who should address any questions or concerns that the vaccinee(or parent/legal representative)may have. For the vaccines not covered under NCVIA(i.e.,adenovirus,anthrax, COVID-10,dengue,ebola,Japanese encephalitis,pneumococcal polysaccharide,rabies,RSV,smallpox/monkeypox,tick-borne en- Using required! cephaliatis,typhoid,yellow fever,and zoster),providers are not re- quired by federal law to use VISs unless they have been purchased Federal law(under the National Childhood Vaccine Injury Act, under CDC contract.However,CDC recommends that VISs be used NCIVA) requires a healthcare professional to provide a copy of the whenever these vaccines are given.When administering a vaccine current VIS to an adult patient or to a child's parent/legal repre- under conditions of an emergency use authorization(EUA),an EUA sentative before vaccinating an adult or child with a dose of the fact sheet must be used. following vaccines:diphtheria,tetanus,pertussis,measles, mumps, rubella,polio,hepatitis A,hepatitis B,Hoemophilus in{luenzae type *Federal law allows up to 6 months for a new VIS to be used. b(Hib),influenza,pneumococcal conjugate,meningococcal, rotavirus,human papillomavirus(HPV),or varicella(chickenpox). FACT 2 VISs can be given to patients in a variety of ways. Where _t VISs In most medical settings,VISs are provided to patients(or their • parents/legal representatives)in paper form.However,VISs also All available VISs can be downloaded from the websites of may be provided using electronic media.Regardless of the format Immunize.org at www.immunize.org/vaccines/vis/about-vis/or CONTINUED ON THE NEXT PAGE ► CDC at www.cdc.gov/vaccines/hcp/vis/index.html. Ready-to- copy versions may also be available from your state or local health As of December 7,2023,the most recent versions of the VISs are: department. Adenovirus....................1/8/20 MMRV............................8/6/21 Translations:You can find VISs in more than 40 languages on the Anthrax..........................1/8/20 Multi-vaccine............7/24/23 Immunize.org website at www.immunize.org/vaccines/vis-transla- COVID-19................10/19/23 PCV..............................5/12/23 lions/spanish/. Cholera......................10/30/19 PPSV23.....................10/30/19 To obtain translations of VIS in languages other than Dengue......................12/17/21 Polio................................8/6/21 English,go to www.immunize.org/vaccines/vis-transla- DTaP...............................8/6/21 Rabies.............................6/2/22 lions/spanish/ Ebola............................6/30/22 RSV............................10/19/23 Hepatitis A...............10/15/21 Rotavirus..................10/15/21 Hepatitis B.................5/12/23 Smallpox/monkeypox 11/14/22 According to CDC,the appropriate VIS must be given: Hib...................................8/6/21 Td.....................................8/6/21 HPV.................................8/6/21 Tdap................................8/6/21 • Prior to the vaccination(and prior to each dose of a Influenza........................8/6/21 Tick-bome encephalitis 12/7/23 multi-dose series); Japanese enceph......8/15/19 Typhoid.....................10/30/19 • Regardless of the age of the vaccinee; MenACWY....................8/6/21 Varicella.........................8/6/21 • Regardless of whether the vaccine is given in a public MenB..............................8/6/21 Yellow fever..................4/1/20 or private healthcare setting. MMR...............................8/6/21 Zoster.............................2/4/22 Immunize.org www.immunize.org/catg.d/p2027.pdf FOR PROFESSIONALS www.immunize.org / FORTHE PUBLIC www.vaccineinformation.org Item#P2027(12/7/2023) ❑� Scan for PDF You Must Provide Patients with Vaccine Information Statements(VISs) - It's Federal Law! (continued) page 2 of 2 used,the goal is to provide a current VIS just prior to vaccination. The Multi-Vaccine VIS may be used in place of the individual VISs (For information on special circumstances involving vaccination for DTaP,Hib,hepatitis B,polio,and pneumococcal when two or of a child when a parent/legal representative is not available more of these vaccines are administered during the same visit.It at the time of vaccination,see CDC's VIS FrequentlyAsked may be used for infants as well as children through 6 years of age. Questions at www.cdc.gov/vaccines/hcp/vis/about/vis-fags.html.) The Multi-Vaccine VIS should not be used for adolescents or adults. Prior to vaccination,VIS may be: FACT VISs should be given in a language/format that •Provided as a paper copy 7 •Offered on a permanent,laminated office copy the recipient can understand,whenever possible. •Downloaded by the vaccinee(parent/legal representative)to a For patients who don't read or speak English,the law requires smartphone or other electronic device(VISs have been specially that providers ensure all patients(parent/legal representatives) formatted for this purpose) receive a VIS,regardless of their ability to read English.To obtain • Made available to be read before the office visit,e.g.,by giving VISs in more than 40 languages,visit the Immunize.org website at the patient or parent a copy to take home during a prior visit,or www.immunize.org/vis.Providers can supplement VISs with visual telling them how to download or view a copy from the Internet. presentations or oral explanations as needed. These patients must still be offered a copy in one of the formats described previously to read during the immunization visit,as FACT Federal law does not require signed consent in a reminder. 8 order for a person to be vaccinated. Regardless of the way the patient is given the VIS to read,providers Signed consent is not required by federal law for vaccination must still offer a copy(which can be an electronic copy)of each (although some states may require it). appropriate VIS to take home following the vaccination.However, the vaccinee may decline. FACT To verify that a VIS was given, providers must FACT VISs are required in both public and private 9 record in the patient's medical record (or perma- 3 sector healthcare settings. nent office log or file)the following information: •The edition date of the VIS •The date the VIS is provided Federal law requires the use of VISs in both public and private sector (found on the back at the (i.e.,the date of the visit when settings,regardless of the source of payment for the vaccine. right bottom corner) the vaccine is administered) FACT You must provide a current VIS before a vaccine In addition, providers must record: 4 is administered to the patient. •The office address and name .The date the vaccine is and title of the person who administered A VIS provides information about the disease and the vaccine and administers the vaccine .The vaccine manufacturer must be given to the patient before a vaccine is administered. and lot number It is also acceptable to hand out the VIS well before administering vaccines(e.g.,at a prenatal visit or at birth for vaccines an infant FACT VISs should not be altered before giving them to will receive during infancy),as long as you still provide a current 10 patients, but you can add some information. VIS right before administering vaccines. Providers should not change a VIS or write their own VISs.However, FACT You must provide a current VIS for each dose it is permissible to add a practice's name,address,and contact 5 of vaccine you administer. information to an existing VIS. The most current VIS must be provided before each dose of vaccine Additional resources on VISs and their use are available from the is given,including vaccines given as a series of doses.For example, following organizations: if 5 doses of a single vaccine are required(e.g.,DTaP),the patient (parent/legal representative)must have the opportunity to read Immunize.org the information on the VIS before each dose is given. •VIS general information and translations in more than 40 languages: www.immunize.org/vaccines/vis/about-vis/ FACT You must provide VISs whenever you administer •Current Dates of Vaccine Information Statements: 6 combination vaccines. www.immunize.org/catg.d/p2029.pdf If you administer a combination vaccine that does not have a Centers for Disease Control and Prevention stand-alone VIS(e.g.,Kinrix,Quadracel,Pediarix,Pentacel,Twinrix, •VIS website:www.cdc.gov/vaccines/hcp/vis Vaxelis)you should provide the patient with individual VISs for the •VIS Facts:www.cdc.gov/vaccines/hcp/vis/about/facts-vis.html component vaccines,or use the Multi-Vaccine VIS. •VIS FAQs:www.cdc.gov/vaccines/hcp/vis/about/vis-faqs.html 0 Immunize.org www.immunize.org/catg.d/p2027.pdf / Item#P2027(12/7/2023) Se 0 0 U NCORPa0.P�¢ AGENDA MEMORANDUM ss52 City Council Meeting of July 30, 2024 DATE: July 26, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager HeatherH3(a cctexas.com 361-826-3506 FY2025 Proposed Operating and Capital Budgets Presentation STAFF PRESENTER(S): Name Title/Position Department Peter Zanoni City Manager CMO BACKGROUND: Presentation of the FY2025 Proposed Operating and Capital Budgets for City Council consideration. LIST OF SUPPORTING DOCUMENTS: PowerPoint— FY2025 Proposed Budget SC G� O� N v NOflP00.M1E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 30, 2024 DATE: July 24, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Assistant City Manager Heatherh3(a)cctexas.com (361) 826-3506 Amendment to Debt Management Policy for FY 2024-2025 CAPTION: Resolution amending the Debt Management Policy adopted by Resolution 029321 on December 13, 2011. SUMMARY: The Debt Management Policy provides guidance regarding the issuance, management, continuing evaluation and reporting on debt obligations issued by the City. The policy was last amended in 2011 and affirmed in 2011 by City Council. Several amendments have been requested, including limitations on the percentage of total debt or debt service as compared to total expenditures and total debt levels. BACKGROUND AND FINDINGS: The Debt Management Policy provides guidance regarding the issuance, management, continuing evaluation and reporting on debt obligations issued by the City. The policy was last updated in 2010 and affirmed by City Council in 2011. Several modifications and additions have been requested for consideration. They are as follows: •Section 6-Structure and Type of Debt 6.3.b Certificates of Obligation o The request is to add a sentence to the first paragraph stating: "Certificates of Obligation should not be considered as the primary financial debt instrument to fund capital projects." • Staff does not recommend the change, however should council deem it advisable staff recommends an alternative stating- "For debt that is not classified as self-supporting (being paid from a source other than ad valorem taxes) the City shall endeavor to identify alternatives to Certificates of Obligation for financing capital projects." o The request is to add a sentence to the section stating: "Annual use of certificates of obligation debt shall not exceed 20% of the total taxpayer funded general obligation debt.". ■ Staff does not recommend the change, however should council deem it advisable staff recommends an alternative stating - "Total outstanding non-self-supported certificate of obligation debt should not exceed 20% of the total combined tax supported debt." •Addition of Section 7.4-Debt Limits o The request is to add a section that contains the following: "The City shall evaluate the debt level of individual operational funds (general fund, enterprise funds, internal services funds, and special revenue funds) annually as it relates to the current operational budget level. The amount of debt service for an individual fund has shall not exceed thirty- five percent (35%) of the operating budget of the respective fund." ■ Staff and the City's Financial Advisors do not advise the addition of this section. • GO debt is supported by its own tax rate, which is subject to different limitations compared to the O&M rate. Additionally, the majority of GO debt is voter-approved, meaning the citizens have already determined that the issuance is allowed and to be paid for by the I&S tax fund. • Revenue-supported debt must also comply with existing bond covenants requiring a minimum Debt Service Coverage Ratio ("DSCR") to afford additional debt. At most, as recommended by the rate consultants, the City may set an informal, internal target to maintain a more conservative minimum DSCR. ALTERNATIVES: An alternative would be to leave the Debt Management Policy as it is currently written or include some but not all requested amendments. RECOMMENDATION: Staff recommends leaving the Debt Management Policy as currently written. LIST OF SUPPORTING DOCUMENTS: Resolution Debt Management Policy Resolution amending the Debt Management Policy for the City of Corpus Christi by revising Section 6.3.b. regarding Certificates of Obligation and adding new Section 7.4 pertaining to Debt Limits; and approving the Debt Management Policy, as amended, for fiscal year 2024-2025. WHEREAS, the City of Corpus Christi's Debt Management Policy was initially adopted by Resolution No. 027526 on December 11, 2007; approved by Resolution 028003 on December 16, 2008; approved by Resolution 028441 on December 15, 2009; amended and approved by Resolution 028902 on December 14, 2010; and affirmed by Resolution 029321 on December 13, 2011; and WHEREAS, it is desired to further amend the Debt Management Policy as set out in the body of this resolution for fiscal year 2024-2025 and future fiscal years until later amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Debt Management Policy for the City of Corpus Christi is amended by revising Section 6.3.b. regarding Certificates of Obligation and adding new Section 7.4 pertaining to Debt Limits. SECTION 2. The City Council has reviewed and approves the Debt Management Policy for the City of Corpus Christi, as amended, for fiscal year 2024-2025 and future fiscal years until later amended. A copy of the Debt Management Policy, as amended, is attached to this resolution and its content incorporated by reference as if fully set out here in its entirety. SECTION 3. This resolution takes effect upon final passage by the City Council. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Resolution affirming the Debt Management Policy for the City of Corpus Christi for fiscal year 2024-2025. WHEREAS, the City of Corpus Christi's Debt Management Policy was initially adopted by Resolution No. 027526 on December 11, 2007; approved by Resolution 028003 on December 16, 2008; approved by Resolution 028441 on December 15, 2009; amended and approved by Resolution 028902 on December 14, 2010; and affirmed by Resolution 029321 on December 13, 2011; and WHEREAS, it is desired to continue the Debt Management Policy in full force and effect for the City's fiscal year 2024-2025 and future fiscal years until later amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council has reviewed and affirms the Debt Management Policy for the City of Corpus Christi for fiscal year 2024-2025 and future fiscal years until later amended. A copy of the Debt Management Policy is attached to this resolution and its content incorporated by reference as if fully set out here in its entirety. SECTION 3. This resolution takes effect upon final passage by the City Council. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 4�S O �N�ORpPO�RR�E� CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES DEBT MANAGEMENT POLICY December 13, 2011 DEBT MANAGEMENT POLICY Table of Contents Section Title Page 1. Purpose and Objectives.........................................................................................1 2. Scope........................................................................................................................2 3. Roles and Responsibilities.....................................................................................2 4. Selection of Service Providers.............................................................................3 4 5. Use of Debt Instruments........................................................................................6 6. Structure and Type of Debt ..................................................................................6 7. Debt Limits ...........................................................................................................11 8. Fund Balance Requirements ..............................................................................12 9. Methods of Sale ...................................................................................................12 10. Refunding of Debt................................................................................................15 11. Variable Rate Exposure ......................................................................................16 12. Interest Rate Swap Agreements..........................................................................17 13. Continuing Disclosure .........................................................................................18 14. Investment of Debt Proceeds...............................................................................18 15. Post Issuance Tax Compliance ...........................................................................18 16. Capital Improvement Project.............................................................................22 17. Public Input on Capital Improvement Needs....................................................24 18. Definitions.............................................................................................................24 i 4�S Debt Management Policy g Y N�ORpPO�RR�E� Section 1 PURPOSE AND OBJECTIVES 1.1 Purpose The Director of Financial Services for the City of Corpus Christi, Texas (the "City") is charged by the City Manager with the responsibility for prudently and properly managing any and all debt incurred by the City. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management of the City's debt program. All City offices and departments must comply with the guidelines and procedures set forth in this policy. The purpose of this policy is to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City. The Corpus Christi City Council recognizes that there are no absolute rules or easy formulas that can substitute for a thorough review of all information affecting the City's debt position. Debt decisions should be the result of deliberative consideration of all factors involved. This policy is intended to augment the deliberation process by addressing the methods, procedures, and practices to be utilized to ensure effective and judicious fiscal management of City funds. The terms of this Debt Management Policy (the "Policy") are intended to comply with all federal and state laws governing debt, including, but not limited to, Texas law, Internal Revenue Service rules and regulations, United States Securities and Exchange Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB) rules and regulations, and the existing City debt covenants and City of Corpus Christi home rule Charter("City Charter")provisions. 1.2 Objectives Debt Management shall be conducted with the primary objectives of: Maintaining or enhancing the City's existing credit rating for all categories of short and long-term debt, consistent with the financial policies and bond covenants approved by the City Council; 1 Complies with applicable bond covenants and federal tax laws to ensure continued tax exemptions or tax credits. Maintaining access to capital; Minimizing borrowing costs; and Maximizing financial flexibility. Section 2 SCOPE 2.1 This Policy shall govern debt obligations issued by the City that finance the construction or acquisition of infrastructure and other assets or to refinance existing debt. The City may also desire to issue debt obligations on behalf of external agencies, non-profit corporations, or other authorities for the purpose of construction or acquisition of infrastructure or other assets that further the goals and objectives of City government. In that case, the City shall take reasonable steps to confirm the financial feasibility of the project and the financing solvency of any necessary borrower; and shall take all reasonable precautions to ensure the public purpose and financial viability of such transactions. 2.2 This Policy applies to all short-term and long-term debt securities issued by the City. This may include general obligation bonds, certificates of obligation, revenue bonds, commercial paper, long-term capital leases, certificates of participation, tax notes, tax anticipation notes, bank notes, equipment notes, private placements, letters of credit, and other similar credit or liquidity facilities or other debt instruments. Section 3 ROLES AND RESPONSIBILITIES 3.1 All debt programs will be made in accordance with applicable federal and state regulations, subject to applicable law. The City Council will approve the issuance of all City bond indebtedness. 3.2 The Director of Financial Services has the primary responsibility for making debt- financing recommendations to the City Council and has responsibility for the appropriate management of the City's debt program. 3.3 The Director of Financial Services, or the designee thereof, will coordinate all activities necessary to issue debt, including, but not limited to: ■ Selection of financial advisor and bond counsel; ■ Verifying compliance with City Charter; ■ Review of ordinances and resolutions prepared by bond counsel; ■ Review of all documents necessary to issue debt prepared by bond counsel; 2 ■ Review of offering memoranda or other disclosure documents provided by financial advisors; and ■ Review of all related financial analyses. 3.4 The Director of Financial Services, or the designee thereof, will provide no less often than annually to the City Council: a. An annual debt issuance schedule for capital projects (included in the operating budget); b. An updated ten-year capital improvement plan (included in the capital budget); c. Certification that the City is current on all debt service payments; d. Disclosure of any payment defaults since the prior report was made to the City Council; and e. Disclosure of any other bond covenant violations or defaults since the prior report was made to the City Council of which the Director of Financial Services has actual knowledge. 3.5 The Capital Budget Officer, or the designee thereof, will facilitate implementation and oversee the Capital Improvement Plan for City offices and departments pursuant to Section 16 of this Policy. 3.6 The Director of Financial Services, or the designee thereof, will recommend to the City Council a financing team consisting of bond counsel, financial advisor, and underwriters, to the extent required for each debt issue. 3.7 The Office of Management and Budget is responsible for reporting quarterly in its financial report a schedule that includes outstanding debt requirements as well as commercial paper activity and capital lease activity. These reports will include principal and interest requirements, dates for each, and related interest rates. 3.8 The City Treasurer is responsible for assuring that all debt service payments are made in a timely manner to the appropriate paying agents for the obligations issued by the City. 3.9 The Office of the Director of Financial Services is responsible for preparing and submitting the annual continuing disclosure pursuant to SEC Rule 15c-12. 3.10 The City departments administering projects financed with debt funding are responsible for complying with Section 16 of this Policy. 3 Section 4 SELECTION OF SERVICE PROVIDERS 4.1 Financial Advisor The Director of Financial Services provides recommendations for the selection of a financial advisor for the City's debt program. The financial advisor will have comprehensive municipal debt knowledge and experience and may perform the following duties including but not limited to: comprehensive analyses of debt refinancing, recommendations for alternative financial structures; development of timing and sale of new issues; recommending whether the sale of the new issues be through a competitive bid sale, negotiated sale, or private placement; coordinating the market pricing of debt securities; issuing and disseminating the bond offering document and other disclosure requirements; coordinating with the underwriters of the bond issuance if the bonds are sold through a negotiated sale; seeking and obtaining ratings from the three major bond rating agencies; and providing guidance and advice about debt-related topics, as needed. Due to the complex nature of the City's debt portfolio, it is important for the City to maintain continuity with a financial advisor who is familiar with the City's history in issuing bonds. The City reserves the right, however, to conduct a formal request for proposal or request for qualifications process to select its financial advisor. 4.2 Bond Counsel The Director of Financial Services coordinates with the City Attorney, the Assistant City Manager for Administrative Services, and the City Manager on the selection of bond counsel for all debt issues. Bond counsel will have comprehensive municipal debt knowledge and experience. When the bond counsel has been selected, they are responsible for providing an opinion to investors in two specific areas. The bond counsel must opine to investors that the securities are valid and legally binding obligations of the City. Then, the bond counsel will opine on whether the interest on the bonds is exempt from federal taxation. The bond counsel also prepares all bond documents necessary to execute the bond issuance. The bond counsel is responsible for coordinating with the City Attorney's office, City Secretary's office, and Financial Services Department, as well as the City's financial advisor, to ensure that all tasks associated with the bond issuance are completed within prescribed timeframes. To the extent required by State law, bond counsel is responsible for coordinating with the Office of the Attorney General and the Office of the Comptroller of Public Accounts of the State of Texas matters relating to the approval of City obligations. The City values continuity in maintaining a relationship with bond counsel due to the complexity of issues and laws related in issuing municipal bonds. However, the City reserves the right to conduct a formal request for proposal or request for qualifications process to select its bond counsel. 4 4.3 Paying Agent/Registrar The City's financial advisor may conduct a request for proposal process to select the paying agent/registrar for each new issue and recommends the successful candidate for approval by City Staff. The successful candidate may not necessarily be the proposer with the lowest cost. A"best value" approach may be utilized in the selection. 4.4 Underwriters In a negotiated sale (see Section 9 - Methods of Sale), the Director of Financial Services, after review with the Assistant City Manager for Administrative Services, the City Manager, and the Financial Advisor makes recommendations about which underwriting firms to include in the underwriting syndicate. The City issues Requests for Qualification (RFQ) approximately every three years to obtain an approved list of underwriters which is broken-out by sections: national scope, banking institutions, regional scope, and "historically underutilized business" ("HUB") status. A diverse group of securities firms will be chosen based on past performance, demonstrated ability to resell, prior municipal issuance experience, and other factors including, without limitation, participation in bidding on competitive bond sales conducted by the City. While past demonstrated performance is the primary criteria for selection within those criteria, the participation of firms with a HUB status will be strongly encouraged. 4.5 Bond Insurer Credit quality and marketability of securities may be enhanced through the purchase of municipal bond insurance. The City pays a single premium and in turn, the bond insurer unconditionally guarantees the payment of principal and interest to the bondholders in case of a payment default. Prior to purchasing municipal bond insurance for an issue, the financial advisor will perform an analysis to determine the cost benefits to the City derived from obtaining municipal bond insurance. Bond insurance will only be utilized when it is economically feasible. 4.6 Bond Rating Agency Application Prior to issuing new debt or to issuing refunding debt, the City will submit a rating application to at least two of the largest rating agencies, which, as of the date this Policy became effective, are: Fitch Ratings, Moody's Investor Services, Inc. and Standard & Poor's Ratings Services. The Financial Advisor will carefully review any rating agency terms and conditions prior to the City accepting any such rating. 4.7 Bond Rating/Bond Insurers' Presentation As often as deemed necessary, City staff and/or elected officials will either make a bond rating presentation directly to the analysts of the three largest rating agencies and/or the bond insurance companies, will hold conference call interviews with each of these 5 entities, or will invite each of the rating agencies and/or bond insurers to make a site visit to the City. For the presentation, staff compiles information relevant to the City's current economy, financial condition, and current initiatives to provide reference material for the rating agencies and bond insurers. When issues occur frequently, the rating agency application and offering document will be supplemented by a minimum of a written presentation of updated information about the City since the last rating application. The City distributes the Comprehensive Annual Financial Report(CAFR) and the current operating and capital budgets to each of the three bond rating agencies, as well as to bond insurance companies. Financial information about the City is available on the City's website: http://www.cctexas.com . Section 5 USE OF DEBT INSTRUMENTS 5.1 Debt financing will not be considered appropriate for any recurring purpose such as current operating and maintenance expenditures. The City will use debt financing only for one-time capital improvement projects and equipment purchases under the following circumstances: a. The project is included in the City's capital improvement plan budget; b. The project is a result of growth-related activities within the community that require unanticipated and unplanned infrastructure or capital improvements by the City; c. The project's useful life will be equal to or exceed the term of the financing; d. The equipment has an expected useful life of at least the term of financing; and/or e. There are revenues sufficient to service the debt, whether from future property taxes, user fees, or other specified and reserved resources. Section 6 STRUCTURE AND TYPE OF DEBT 6.1 Debt service will be structured to match projected cash flows, minimize the impact of future property tax levies, and maintain a relatively rapid payment of principal. 6.2 The term of the debt issuance must equal the lesser of the useful life of the asset being financed or the maximum maturity permitted by State law for the obligations issued to finance the acquisition and construction of the asset. 6 6.3 The types of debt instruments to be issued by the City include: a. General Obligation Bonds - The City generally issues general obligation bonds for general purpose capital improvements when benefits accrue to the entire community. General obligation bonds are also used when the expectation of the project is that it will not generate significant revenues to fund the project outright. The general obligation bonds are sold for a term no greater than the useful life of the project that is being funded through the issuance of the general obligation bonds. The City pledges its "full faith and credit" and levies an ad valorem tax to repay the debt, consistent with State law and the City Charter. In order to issue general obligation bonds, the eligible voters of the City must authorize the amount to be issued through a bond election held for such purpose. For future bond elections, the City will make every effort to include the related utility relocation costs in the bond election for street projects in order to minimize any utility rate increases that would be associated to the cost of such related utility relocations. In the event that the utility relocation costs are not included in the bond election for street projects, then the City will disclose, at the time of the bond election, the impact of such costs on future utility rates. b. Certificates of Obligation — Under State law, the City has the opportunity to issue certificates of obligation. Although voter approval is not required, additional notification and public hearing requirements may apply, to the extent so provided by applicable State law. Certificates of obligation may be secured by a combination of ad valorem taxes and revenues from a source that the City is authorized by State law to encumber for a public purpose, e.g., solid waste. Certificates of obligation are often issued to finance projects in cases where user fees charged for the use of the projects financed are pledged to repay the certificates of obligation. Examples include: Solid Waste, Marina, Hotel Occupancy Tax, etc. Certificates of obligation are available for governments when the improvements being sought are necessary for the health, safety and welfare of the government's citizens, in circumstances where cost overruns on a general obligation bond- financed capital improvement may have occurred, or where financial opportunities unexpectedly arise to leverage funds from other entities and reduce the City's capital cost for a community improvement. Also, certificates of obligation may be issued where the timing of the construction of a capital improvement and the expense of calling a bond election for a single proposition would, in the opinion of City staff and with the approval of the City Council, warrant the issuance of certificates of obligation to finance the capital improvement. 7 C. Revenue Bonds — Revenue bonds are secured by a specific source of revenue. There is no ad valorem tax pledge. Revenue bonds are issued to pay for improvements that benefit the users that repay the debt through user fees. The City issues revenue bonds primarily for the City's Airport and Utility Systems. Typically, the City is required to fund a reserve fund that has on deposit an amount no less than the average annual debt service requirements on outstanding revenue bonds, as a contingency in the event revenues that are collected for services provided are not sufficient to satisfy debt service requirements. Another method to provide for such reserves is the use of a credit facility (such as a surety bond) in lieu of cash or eligible investments in the amount of the average annual debt service requirements on the outstanding revenue bonds. The costs of both methods are evaluated prior to a revenue bond issue. The City fully complies with debt service and reserve funding requirements set forth in any and all bond covenants. When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, typically at a level no less than 1.25 times the average annual debt service requirements on the outstanding revenue bonds. The City maintains that it will collect rates and charges at all times that are necessary to produce gross revenues and other pledged revenue in each fiscal year equal to the greater of either: • Amounts sufficient to pay all current operating expenses plus amounts sufficient to produce net revenue for each fiscal year at least equal to 1.25 times the average annual principal and interest requirements on all revenue bonds outstanding; or • Amounts sufficient to pay the sum of all current operating expenses, the average annual principal and interest requirements on the outstanding priority bonds; required deposits to the reserve fund for revenue bonds, and amounts required to pay any other obligations reasonably anticipated to be paid from gross revenues during the fiscal year. One operating ratio that is utilized is for the days' operating coverage to generally be 90 days — meaning that maintaining revenue sufficient to cover 90 days of operating expenses is targeted. Although this ratio is not mandated by the City's bond covenants, it is one that is utilized by the City's management. The City may also issue bonds and other obligations that are secured by revenues generated within a designated geographic area of the City, such as a tax increment reinvestment zone or a public improvement district. Covenants pertaining to the coverage requirements, reserve funds and other financial considerations will be 8 developed, working with the City's financial advisor and bond counsel, to ensure that any obligations issued will be creditworthy and marketable. d. State Revolving Loan Funds— The State of Texas administers various revolving loan funds, which are available to be loaned to Texas political subdivisions in accordance with the statutory authority granted to state agencies to fund loans, and the regulations of the state agency with respect to the specific loan program. Two examples of such loan programs are the Texas Water Development Board water and wastewater loan programs, and the Texas Military Preparedness Commission loan program to assist defense communities in financing infrastructure improvements. The Director of Financial Services, working with the City's financial advisor, will explore financing opportunities under State loan programs to determine if financial or other benefits may help the City in pursuing loans from such state agencies. e. Refunding Bond— The Director of Financial Services, working with the City's financial advisor, will consider refinancing outstanding debt issues, as more fully discussed in Section 10 of this Policy. f. Commercial Paper— The City has established a commercial paper program to provide interim (short- term) financing authority to fund improvements to the City's Utility System. The commercial paper notes are structured as bond anticipation notes, and as a condition to the issuance of the commercial paper notes, the City must provide sufficient liquidity to enable commercial paper noteholders to be paid upon the maturity of the commercial paper notes. The Director of Financial Services, working with the City's financial advisor, will monitor the commercial paper market to ensure that the City is obtaining the lowest possible interest rates on its outstanding commercial paper notes, as well as to determine, based on the needs of the City and the then existing public debt market conditions, the timing of refunding the commercial paper notes with long term fixed rate revenue bonds. g. Tax Anticipation Notes/Tax Notes— Chapter 1431, Title 9 of the Government Code defines and addresses the issuance of anticipation notes by municipalities, counties, eligible school districts, or eligible countywide districts. State law authorizes two different types of borrowings under this chapter: short-term anticipation notes and long-term anticipation notes (frequently referred to as "tax notes"). (1) Short-term Anticipation Notes— State law permits the City to issue short term notes in anticipation of ad valorem tax collections. The City will prepare budgets to ensure that there will be no need to issue tax anticipation notes to fund the budget. However, 9 should emergency situations arise, the Director of Financial Services, working with the City's financial advisor, will advise the City Council on the necessity of City Council approving the issuance of tax anticipation notes. State law authorizes tax anticipation notes to have a maximum term of one year. (2) Long-term Tax Notes - State law also permits the City to issue long term notes to pay for the construction of a public work; the purchase of materials, supplies, equipment, machinery, buildings, land, and rights-of-way for the City's authorized needs and purposes; and to pay for professional services, including a service by an engineer, architect, attorney, mapmaker, auditor, financial advisor, or fiscal agent. State law authorizes these tax notes to have a maximum term of seven years. h. Capital Lease Financing and Equipment Notes— The Director of Financial Services, working with the City's financial advisor, will review the equipment needs of City departments and determine financing options for acquiring or leasing equipment, either through presenting to the City Council for approval of lease or lease-purchase agreements with vendors to acquire equipment, or seeking the approval from the City Council to authorize the issuance and sale of notes or other short term obligations to borrow funds to acquire equipment. i. Any other debt instrument authorized for issuance by the City in accordance with the Texas Government Code or other applicable law. 6.4 Individual revenue streams considered for proposed debt service of revenue bonds should meet a minimum debt service coverage ratio test of 1.25 times average annual debt service, along with any appropriate reserve or contingency funds. Debt coverage is defined as total revenue divided by total debt service. 6.5 Fixed Interest versus Variable Interest The City primarily issues fixed rate bonds to protect the City against interest rate risk. The City has the option to issue variable rate bonds and may, if market conditions warrant, consider such a structure. Commercial paper notes, due to their short term maturities (270 days or less), are treated as variable rate obligations. 6.6 Conduit Securities The City has created, and may create, nonprofit corporations as authorized by State statutes that act as a conduit for tax-exempt financing. Those corporations include but are not restricted to: (1) Corpus Christi Housing Finance Corporation, (2) Corpus Christi 10 Industrial Development Corporation, and (3) the Coastal Bend Health Facilities Development Corporation. These entities issue bonds for the benefit of unrelated commercial entities, and the City assumes no liability for the timely payment of debt issued by these entities. These bonds are not liabilities of the City or the respective corporations and are solely payable from revenues of the various commercial entities. In addition, the City has created nonprofit corporations to assist the City in financing various public infrastructure improvements, such as the North Padre Island Development Corporation and the Corpus Christi Business and Job Development Corporation. Public funds, such as voter-approved sales taxes and tax increment revenues, may be made available to these corporations by contract with the City, in fulfillment of the public purposes for which these corporations were created. 6.7 Structure Bonds are generally issued with an average life of 20 years or less for general obligation bonds and revenue bonds but may be greater for some projects such as landfills and major utility facilities whose lives are greater than 20 years. Typically, interest is paid in the first fiscal year after a bond sale, and principal is paid no later than the second fiscal year after the debt is issued. Call provisions for bond issues shall be made as short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is 10 years. However, the City may opt for a call date longer than 10 years in order to achieve the necessary goals of the particular issue. Section 7 DEBT LIMITS 7.1 The City will maintain its outstanding debt within the limits prescribed by State statute and the City Charter. As permitted by the Constitution of the State of Texas, home rule cities of over 5,000 population shall have a total tax allowable of$2.50 and shall have a bond allowable of $1.50 per $100 valuation (unless City Charter provides less). For purposes of issuing bonds, the State allowables are computed based on 90% collections. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service to allow for the tax rate to increase up to the State limit for voter approved debt after April 4, 1993. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year, and an analysis is performed to determine the City's ability to assume and support additional debt service payments. When appropriate, the issuance of self-supporting revenue bonds and self-supporting certificates of obligation bonds are also considered. 11 7.2 The City may choose to issue short-term debt(maturities one-year or less)that pay a fixed rate of interest or that pay a rate of interest that varies, both consistent with Federal and State laws and applicable bond covenants of pre-existing bonds. 7.2.1 The City will issue short-term securities for the purposes of providing: 7.2.1.1 interim financing for long-term capital projects; 7.2.1.2 financing of short-term assets at or near their useful life; 7.2.1.3 interim cash flow/working capital needs as they arise; or 7.2.1.4 a reduction of the overall interest cost of debt financings of the City. 7.3 The City shall use economic ratios as a tool to assist in providing an objective analytical approach to determine debt capacity for new projects. These ratios may include: a. Debt per capita; b. Debt as a percent of statutory debt limit; C. Debt as a percent of appraised valuation; d. Debt service payments as a percent of governmental expenditures; or e. Level of overlapping net debt of all local taxing jurisdictions. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. The City strives to meet and achieve these standards. Section 8 FUND BALANCE REQUIREMENT 8.1 The City will strive to maintain a debt service fund balance for general obligation bonds and certificates of obligation of at least 2 percent of the annual debt service requirement for the fiscal year; provided, however, that this requirement shall comply with the provisions of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 9 METHODS OF SALE 9.1 The City may use competitive sales, negotiated sales, or private placements. When considering the method of sale, the City will take into consideration: a. Financial conditions; b. Market conditions; C. Transaction-specific conditions; d. City-related conditions; and 12 e. Risks associated with each method. 9.2 Competitive sales are the preferred method under the following circumstances: a. A general obligation pledge or annual appropriation of general revenue; b. Simple structure and financial analysis; C. Stable financial market; and d. Moderate par amount. 9.2.1 A competitive sale is when bonds are awarded in a sealed bid sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost(TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. In today's market, bids primarily are submitted electronically through a secure website. 9.2.2 Competitive Sale Bidding Parameters: 9.2.2.1 Bid Verifications - The City awards successful bidders on the basis of the lowest TIC. 9.2.2.2 Good Faith Deposits - Bidders collectively choose a bank to be the good faith bank in providing a good faith deposit. The bidders keep funds on deposit to cover the good faith check if necessary. The Financial Advisor collects a cashier's check in advance for 2% of the issue if the issue is competitive or for 1% of the issue if the issue is negotiated. Bidders not covered by the good faith bank must provide a good faith check at the time they submit their bid. When the issue closes, the good faith check is returned, usually through overnight mail. 9.2.2.3 Allowable Discounts/Premiums - In most cases, the City requires bidders to purchase bonds at a price of no less than par. When there are no prevailing limitations, a discount/premium may be permitted when market conditions indicate a discount/premium will be rewarded by a more competitive bid and when there is flexibility to increase/decrease the par amount of the issue. If there is considerable market activity on the date of the proposed sale or other market-related factor to necessitate improving the marketability of the issue, discounts/premiums may be permitted. Bidders are notified in advance of the allowance for discounts/premiums. 9.2.2.4 Term Bonds - Bidders may form term bonds based on the length of the maturity schedule. In a 20-year maturity, they may form anywhere between three to five term bonds. The resulting term bond structure must completely mirror the serial bond structure. 13 9.3 Negotiated sales are the preferred method under the following circumstances: a. Complex transactions that require extensive financial modeling, credit analysis, pre- marketing efforts, or that are interest rate sensitive; and b. Volatile financial markets. 9.3.1 A negotiated sale is when the City chooses an underwriter or underwriting syndicate that is interested in reoffering a particular series of bonds to investors. The terms of the sale including the size of the underwriter's discount, date of sale, and other factors are negotiated between the two parties. Although the method of sale is termed negotiated, individual components of the sale may be competitively bid. The components are subject to a market analysis and reviewed prior to recommendation by staff. Negotiated sales are more advantageous when there needs to be some flexibility in the sale date or when less conventional bond structures are being sold. Negotiated sales are also often used when the issue is particularly large or if the sale of the debt issuance would be perceived to be more successful with pre-marketing efforts. 9.3.2 Negotiated Sale—Allocation and Designation Policies: 9.3.2.1 The City uses designation rules that reward performance. The most common order type used by the City is the Member Designated Order. This type of order permits the institution placing the order to designate which syndicate members receive credit for its order. Typically the City requires that each institution must designate at least three syndicate members, and no one firm may receive more than 50% credit. 9.3.2.2 Retention - At least two days prior to pricing, the senior managing underwriter will award a block of bonds to each co-manager in the syndicate. Each co-manager is responsible for buying these bonds even if they do not obtain orders for them. If another member of the syndicate has more orders than they can fill, the member may fill orders for syndicate members that have not obtained sufficient orders. 9.3.2.3 Management Fee - The management fee to compensate the underwriters for providing assistance in structuring of the transaction, review of documents, coordination of the working group, efforts to obtain credit enhancement, and other tasks. The management fee is typically allocated in the same allocation as the retention allocation. 9.4 Private placement is the preferred method under the following circumstances: 14 a. Small issue size; b. Questionable security for the issue; and c. Overall cost savings to the City. A private placement is a sale of debt securities to a limited number of sophisticated investors. The City may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security of the bonds is weak since the private placement permits issuers to sell more risky securities at a higher yield to investors that are familiar with the credit risk. 9.5 The City considers the following criteria when determining the appropriate method of sale for any debt issuance: a. Complexity of the Issue —Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors' willingness to purchase. b. Volatility of Bond Yields — If municipal markets are subject to abrupt changes in interest rates, there may be a need to have some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative market changes. c. Familiarity of Underwriters with the City's Credit Quality — If underwriters are familiar with the City's credit quality, a lower TIC may be achieved. Awareness of the credit quality of the City has a direct impact on the TIC an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City strives to maintain an excellent bond rating. As a result, the Municipal Bond Market is generally familiar with the City's credit quality. d. Size of the Issue - The City may choose to offer sizable issues as negotiated so that pre-marketing and buyer education efforts may be done to more effectively promote the bond sale. Section 10 REFUNDING OF DEBT 10.1 The City may elect to refund existing debt for reasons including, but not limited to, the following: a. To achieve Net Present Value (NPV) savings; b. To update bond covenants on outstanding debt that impair efficient operations or prohibit necessary or desirable activities; 15 c. To restructure the debt service schedules associated with outstanding bond issues; or d. To alter bond characteristics such as call provisions or payment dates. 10.2 If a refunding is undertaken,the City will evaluate: a. Issuance costs that will be incurred; b. Interest rate at which the refunding bonds can be issued; c. Maturity dates of the refunded bonds; d. Call date (if any) on the refunded bonds; e. Call premium (if any) on the refunded bonds; and f. Whether to issue the refunding bonds for a period beyond the original maturity date. 10.3 Types of Refunding Current refundings occur when outstanding debt is called for redemption within 90 days. Most City's debt has a ten-year call date built into its structure. When debt reaches the call date,refunding bonds may be issued to pay off the old debt. Advance refundings are refundings where the debt is not called for redemption within 90 days. In an advance refunding, the proceeds to defease the debt at its call date are placed in escrow until the call date. The City's practice is generally to invest escrow in federal securities known as State and Local Government fixed rate securities. The amount to be deposited into the escrow is calculated by identifying the amount necessary to deposit, which will earn a fixed rate of interest, to accumulate to the amount necessary to be available upon the call. This practice prevents exposure to the practice of"yield burning" since there are no excess earnings under this structure. The Tax Reform Act of 1986 limits each issue to one advance refunding for all issues issued after 1986. When the interest rate savings is the principal reason for advance refunding an issue, the City will include issues that can contribute to at least a 2.5% present value savings. Other factors may also affect the City's decision to advance refund an issue. Section 11 VARIABLE RATE EXPOSURE 11.1 The City may use variable rate debt (including commercial paper) to lower the cost of borrowing and provide a hedge against interest rate risk. 11.2 The City's target is not to exceed 30 percent of its total outstanding debt in a variable rate mode. 16 11.3 Variable rate debt should be converted to fixed rate debt as necessary to maintain the 30 percent target, to meet the particular needs of a financing program, or to lock in low long term fixed interest rates. 11.4 When issuing variable rate debt, the City will have appropriate contingency plans in place, such as reserves or hedging instruments, to mitigate the risk associated with rising interest rate environments. Section 12 INTEREST RATE SWAP AGREEMENTS 12.1 The City may consider the use of interest rate swap agreements on a case-by-base basis and consistent with Texas law and financial prudence. 12.2 Interest rate swap agreements may be used for the following purposes: a. To achieve significant savings as compared to other, non-derivative type products available in the bond market; b. To prudently hedge risk in the context of a particular financing or the overall asset/liability management of the City; c. To incur variable rate exposure within prudent financial guidelines; d. To achieve more flexibility in meeting overall financial objectives than available in conventional markets; or e. To accomplish a financial objective not otherwise obtainable using traditional financing methods. 12.3 The City will not enter into an interest rate swap agreement without advice of an independent advisor and bond counsel. 12.4 The City may enter into an interest rate swap agreement if the counterparty has at least two long-term unsecured credit ratings of at least equal to the City's long term general obligation rating from Fitch Ratings, Moody's Investors Service, Inc. or Standard & Poor's Ratings Services, and the party has demonstrated experience in successfully executing interest rate swap agreements. 12.5 The City will select counterparties utilizing one of the Methods of Sale as outlined in Section 9 of this Policy. 12.6 Before entering into an interest rate swap agreement, the City shall evaluate all the risks inherent in the transaction including counterparty risk, termination risk, rollover risk, basis risk, tax event risk, credit risk and amortization risk. Evaluation of risk will also include the following considerations: a. Uncertainty with respect to the City's future debt obligations; 17 b. Effect on the City's credit quality; c. Cumulative exposure to all risk factors identified; d. Difficulty and costs associated with terminations; and e. Limitations on the ability to refund the swap's underlying bonds. 12.7 The City will monitor interest rate swap agreements no less often than on a quarterly basis to ensure compliance with corresponding swap documentation. Section 13 CONTINUING DISCLOSURE 13.1 The City will periodically review the requirements of the Municipal Securities Rulemaking Board (MSRB) and the recommendations of the Government Finance Officers Association (GFOA), including the GFOA recommendation that financial statements be prepared and presented according to generally accepted accounting principles. 13.2 The City will remain in compliance with SEC Rule 15c2-12 by filing its annual financial statements and other financial and operating data for the benefit of its bondholders within six months after the end of each fiscal year. Section 14 INVESTMENT OF DEBT PROCEEDS 14.1 Debt proceeds will be invested in accordance with the City's Investment Policy or as otherwise permitted in the ordinance or resolution authorizing the issuance of the debt. 14.2 Interest earned is allocated to each fund monthly based on the average balance of funds available during the month. Interest earned on proceeds from bonds, certificates of obligation, commercial paper or other short-term or long-term debt proceeds is allocated to the respective capital projects funds. 14.3 The City maintains in its Investment Policy document approved by the City Council the strategy and policies for investing all available monies (which included bond proceeds). Interest on bond proceeds is restricted such that it may only be used to fund projects that have the same purpose as the purpose for which the bonds were originally issued. Construction proceeds are typically invested in short-term securities so that they are more liquid. Section 15 TAX COMPLIANCE 18 15.1 In General This section contains policies and guidelines (the "Policies and Guidelines") of the City regarding compliance with certain federal tax requirements applicable to the City's bonds and other obligations the interest on which is excluded from gross income for federal income tax purposes ("Tax-Exempt Bonds") and certain Build America Bonds ("BABs") that entitle the City to receive a federal tax credit payment. These Policies and Guidelines relate to requirements that must be met subsequent to the issuance of Tax-Exempt Bonds and BABs in order to maintain that exclusion or receive a federal tax credit payment including, without limitation, requirements relating to use of proceeds, arbitrage, private business use and record retention. These Policies and Guidelines supersede any post- issuance compliance policy previously adopted by the City but do not supersede, limit or contravene any representations, statements or covenants of the City contained in the bond documents, include the bond ordinance, any resolutions, Certificate as to Tax Exemption, Tax Covenant and Representation Agreement or similar tax certificate, Issue Price Certificate and tax opinions and memoranda related to the issuance of bonds (the "Bond Documents")for its Tax-Exempt Bonds or BABs. 15.2 Policy It is the policy of the City to adhere to all applicable tax requirements with respect to its Tax-Exempt Bonds and BABs as set forth in the Bond Documents including, but not limited to, requirements relating to the use of proceeds of Tax-Exempt Bonds and BABs and facilities financed and refinanced with Tax-Exempt Bonds and BABs (the `Bond- Financed Facilities"), arbitrage yield restrictions and rebate, timely return filings, and other general tax requirements set forth in the Bond Documents. 15.3 Compliance Monitoring Consistent with the covenants of the City contained in the Bond Documents, the City will monitor compliance with the federal tax requirements applicable to its Tax-Exempt Bonds and BABs. The Assistant City Manager of Administrative Services, the Director of Financial Services or designees are responsible for monitoring compliance with those requirements, with assistance from Bond and Tax Counsel and the City's financial advisor. 15.4 Issue Price In connection with establishing the Issue Price for Tax Exempt Bonds and BABs, some or all following actions should be taken to the extent permitted by the parties to the financing: 15.4.1 Obtain executed Issue Price Certificate from senior managing underwriter or other representative of underwriting group in form approved by Bond Counsel. 19 15.4.2. Financial advisors of the City and appropriate City officers monitor pricing of Tax Exempt Bonds and BABs. 15.4.3 For initial sales of BABs, obtain quantity sold,purchaser and price paid. 15.4.4 Either obtain from underwriters or monitor on Electronic Municipal Market Access C "EMMA" sales of City BABs, from pricing date to closing date and have City's financial advisor advise as to any anomalies. 15.5 Record Retention In accordance with Internal Revenue Service ("IRS") requirements, the City will retain the following records with respect to its Tax-Exempt Bonds and BABs: 15.5.1 Bond transcripts; 15.5.2 Records regarding Issue Price description in Section 15.4; 15.5.3 Documentation showing the expenditure of proceeds of the Tax-Exempt Bonds and BABs for one or more Bond-Financed Facility; 15.5.4 Documentation showing the use of the Bond-Financed Facilities; 15.5.5 Documentation showing the sources of payment and security for the Tax-Exempt Bonds and BABs; 15.5.6 Documentation related to the investment of proceeds of the Tax-Exempt Bonds and BABs, including the purchase and sale of securities, investment income received,yield calculations, and rebate calculations; 15.5.7 All returns filed with the IRS for the Tax-Exempt Bonds (including, as applicable, IRS Forms 8038-G Information Return for Tax-Exempt Governmental Obligations, 8038-T Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, and 8038-R Request for Recovery of Overpayments under Arbitrage Rebate Provisions) and for BABs (including IRS Forms 8038-B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds); and 15.5.8 Any other documentation that is material to the exclusion of interest on the Tax- Exempt Bonds from gross income for federal income tax purposes or entitlement to federal tax credit payments for the BABs. 15.5.9 Fonn 8038-CP: Return for Credit Payments to Issuers of Qualified Bonds, the following: 1. Set up tickler or calendar notification system to insure timely filing; 20 2. File Form 8038-CP within 45-day filing window; and 3. Maintain sufficient records to show that those returns are correct. 15.5.10 Except as otherwise set forth in the Bond Documents, the City will retain the records described above in hard and/or electronic copy format for so long as the applicable Tax-Exempt Bonds and BABs remain outstanding and for a period of three years after final redemption of the applicable Tax-Exempt Bonds and BABs. With respect to Tax-Exempt Bonds that are refunding bonds, the City will retain the above-described records for the refunding and refunded bonds (and any earlier issue in the case of a series of refundings). The Director of Financial Services or designee is responsible for retaining the records relating to the City's Tax-Exempt Bonds and BABs. 15.6 Arbitrage 15.6.1 The City will follow a policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 15.6.2 The City will follow a Policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 15.6.3 Arbitrage Calculations and Rebate On fixed-yield issues, the calculation of rebate must be performed no later than each five- year anniversary date of the issuance of the bonds and at final maturity. The City currently outsources those calculations on an annual basis. Where bond interest earnings exceed the arbitrage yield, the City rebates those excess earnings to the Internal Revenue Service. The City keeps detailed records of investments and construction expenditures to provide to the consultant to make the arbitrage calculation. The City plans projects carefully in order to determine the applicability of rebate exceptions. 15.6.4 Exceptions to Rebate Calculations Six-month Exception — Where 95% of the proceeds will be spent within six months and the other 5%will be spent within twelve months. Eighteen-month Exception — Available for any type of capital proceeds and includes the following spending schedule: 15% in six months, 60% in twelve months, and 100% in 21 eighteen months (with a de minimus holdback). An issue does not fail to satisfy the spending requirement for the third spending period as a result of a reasonable retainage if the reasonable retainage is allocated to expenditures within 30 months of the issue date. Twenty-four month Exception — Only available to a construction issue having the following expenditure goals: 10% in six months, 45% in twelve months, 75% in eighteen months, and 100% in twenty-four months (with a de minimus hold back). An issue does not fail to satisfy the spending requirement for the fourth spending period as a result of unspent amounts for reasonable retainage if the reasonable retainage is allocated to expenditures within 3 years of the issue date. 15.7 Remedial Action If the City in complying with the terms and provisions the policies or guidelines set forth herein or determines that the requirements of these policies and guidelines or the tax covenants or representations in the Bond Documents may have been violated, the City will make final determinations, if necessary with the assistance of its Bond and Tax counsel and Financial Advisors, and take appropriate actions related to such noncompliance including, if appropriate, any remedial action described under applicable Treasury Regulations or through the Tax Exempt Bonds Voluntary Closing Agreement Program. 15.8 Coordination With Bond Documents In the event of any conflict between these Procedures and Guidelines and the Bond Documents, the Bond Documents shall govern. Section 16 CAPITAL IMPROVEMENT PROGRAM 16.1 In order to ensure sufficient cash flow is available to meet capital improvement project cash requirements, an annual debt issuance schedule is required. The Capital Improvement Planning Guide (the "Guide") will provide the basis for the annual debt issuance schedule. It is imperative that the City's contemplated capital improvement programs and all prospective letting of construction contracts comply with this Policy. 16.2 The underlying asset that is being financed must be of a non-recurring nature and must shotild have as long a useful life as the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that the benefits, tangible and/or intangible derived from financing exceed the related financing costs. 22 16.3 Capital improvements projects that qualify for debt-service financing are defined as costs to acquire a new capital asset or improvements to an existing asset that increase capacity, improve functionality or extend the useful life of the asset beyond its original useful life. 16.4 On-going Capital Needs - 16.4.1 Capital projects are generally defined as costs to construct an asset or system improvement that exceed $5,000 and have a useful life of at least the term of financing but no less than one year. 16.4.2 The City Council's goals and policies focus on infrastructure improvements. The City strives to maintain capital assets and infrastructure at a sufficient level to protect the City's investment to minimize replacement and maintenance costs, and to maintain service levels. 16.4.3 An annual review of the (1) need for capital improvements and equipment, (2) current status of the City's infrastructure, (3) replacement and renovation needs, and (4) potential new projects, is implemented during the capital budget process. All projects, ongoing and proposed, are prioritized by City staff which includes a representative from Financial Services, the Office of Management and Budget, Engineering Services, and each department which has or may have capital improvement project requests. For every capital project, all operating and maintenance costs/estimated incremental revenues would be included in the proposal, as well as a start date, requested total budget, the capital amount expected to be expended each year, and proposed sources of funding. City staff would then match eligible requests with available sources of funding. For those capital projects identified that will require ongoing maintenance costs once the projects are completed, no maintenance costs will be financed with revenue bonds. 16.4.4 Decisions are made on prioritization of proposed projects using the following criteria that must be documented in the Guide: o Public health and safety o Regulatory requirement(agreed orders both Federal and State), o Voter-approved bonds, o Completion of existing projects already approved by the City Council, o Operational/life cycle cost drivers; and o New projects recommended by the committee noted above. 16.4.5 Capital improvements may be funded using current revenues (property tax, dedicated tax, enterprise user fees, etc.), grant funds, contributions (such as developer contributions) and the issuance of debt. City staff will make every effort to utilize the Pay-As-You-Go method of funding capital improvements. 23 16.4.6 Upon completion of the Guide, City staff will present it to the Planning Commission as per City Charter, Article V. Planning, Section 4: The Comprehensive Plan, and then to the City Council for approval by ordinance. Once approved, the list of projects and a total dollar amount of capital improvement projects would then be identified, and any additions to the Guide for that particular year would warrant a change to the ordinance to either identify additional funding for a particular project or to identify the reduction of one project in order to fund the additional project or change order to an existing proj ect. Section 17 PUBLIC INPUT ON CAPITAL IMPROVEMENT NEEDS 17.1 Citizen Input- 17.1.1 Citizen Input Form — In order to obtain input from the citizens on projects to be included in a bond election, a "Citizen Input Form" is made available on the City's website at http://www.cctexas.com. The form provides a place for citizens to list in priority the projects they feel should be considered in the next bond election. It also provides a place for the reasoning in choosing those particular projects. The results of the citizen input forms would then be compiled and presented to the City Council so that a slate of projects could be prepared for the bond election. 17.1.2 Town Hall Meetings — City Council members also hold Town Hall meetings in their respective districts to obtain input from citizens on the projects they would like considered for a bond election. All the suggestions from the Town Hall meetings would then be compiled and presented to the City Council for discussion to be included on the slate of projects for the bond election. 17.2 Citizen Advisory Committee — At the discretion of the City Council, a Citizen Advisory Committee may be formed to initiate the development of a multi-year financing and management tool that identifies public facility and equipment requirements, places these requirements in order of priority, and schedules them for funding and implementation. Section 18 DEFINITIONS 18.1 Definitions: a. Amortization Risk — The cost to the issuer of servicing debt or honoring swap payments due to mismatch between bonds and the notional amount of the swap outstanding. 24 b. Arbitrage — The investment of proceeds from tax-exempt debt in taxable securities to benefit from the differential in yields. c. Basis Risk— The mismatch between actual variable rate debt service and variable rate indices used to determine swap payments. d. Bond Covenant — An agreement that the issuer is obligated to perform by virtue of issuing its bonds. e. Call Dates—The date, prior to maturity, on which a callable bond may be redeemed. f. Call Premium — The price, as established in the bond covenant, at which bonds will be redeemed. g. Call Provisions — A clause in a bond contract granting the issuer the right to buy back all or part of an issue prior to the maturity date. h. Capital Lease — A contract for the purchase of capital equipment through installment payments. i. Commercial Paper— Short-term, unsecured promissory notes usually backed by a line of credit with a bank. Maturities do not exceed 270 days. j. Competitive Sales — A sale whereby the issuer determines the bond structure and solicits bids. The bonds are then awarded to the underwriting firm that submits the lowest interest costs for the debt. k. Continuing Disclosure — The principal that accurate and complete information material to the transaction, which potential investors would be likely to consider material in making investment decisions with respect to the securities, be made available on an ongoing basis. 1. Counterparty Risk— The risk that the other party to an agreement will default. m. Counterparties—The parties to an interest rate swap. n. Credit Risk — The risk that an issuer of debt securities or a borrower may default on its obligations, or that the payment may not be made on a negotiable instrument (i.e., the occurrence of an event modifying the credit rating of the issuer or its counterparty). o. De minimis amount— Any failure to satisfy the final spending requirement of the 18- month exception or the 24-month exception is disregarded if the issuer exercises due diligence to complete the project financed and the amount of the failure does not exceed the lesser of 3 percent of the issue price of the issue or $250,000. 25 p. Defeasance — The setting aside by a borrower of cash or bonds sufficient to service the borrower's debt. These are refunded bonds for which the payment of principal and interest has been assured through the structuring of a portfolio of government securities, the principal and interest on which will be sufficient to pay debt service on the refunded, outstanding bonds. When a bond issue is defeased, the claim on the revenues of the issuer is usually eliminated. Both the borrower's debt and the offsetting cash or bonds are removed from the balance sheet. q. Derivative Security— A financial security, such as an option or future, whose value is derived in part from the value and characteristics of another security, the underlying asset. r. General Obligation —Bonds backed by the annual levy of an ad valorem tax as necessary, within the limits prescribed by law(if any), to pay off the bonds. s. Hedge—A transaction that reduces the risk of an investment. t. Interest Rate Management Agreement—An agreement entered into in connection with the issuance of debt by an issuer or in connection with debt already outstanding, with a counterparty to provide for an exchange of payments based upon fixed and/or variable interest rates. u. Interest Rate Risk— The chance that a security's value will change due to a change in interest rates. For example, a bond's price drops as interest rates rise. v. Interest Rate Swap Agreement — A binding agreement between counterparties to exchange periodic interest payments on some predetermined dollar principal, which is called the notional principal amount. For example, one party will pay fixed and receive variable. w. Issuance Costs — The expenses associated with the sale of new securities, including such items as underwriter's spread, printing, legal fees and rating costs. x. Liquidity Risk — The risk that arises from the difficulty of selling an asset in a timely manner. y. Negotiated Sales —A sale whereby the issuer selects an underwriter in advance so that the underwriter can assist with determining the appropriate structure of the bonds. z. Notional Principal Amount — In an interest rate swap, the predetermined dollar principal on which the exchanged interest payments are based aa. Private Placement — A sale whereby the issuer sells the bonds directly to an institutional investor. 26 bb. Reasonable Retainage — An amount, not to exceed five percent of available construction proceeds, that is retained for reasonable business purposes relating to the property financed with the proceeds of the issue. For example, a reasonable retainage may include a retention to ensure or promote compliance with a construction contract in circumstances in which the retained amount is not yet payable, or in which the issuer reasonably determines that a dispute exists regarding completion or payment. cc. Refunding Bonds — A bond issued to retire a bond already outstanding that may be sold for cash and outstanding bonds redeemed with cash or exchanged with holders of outstanding bonds. dd. Rollover Risk — The risk that results when a swap contract does not have the same terms with the unrelated bonds (ie. the mismatch of the maturity of a swap and the maturity of the underlying bonds). ee. Syndicate — A group of banks that acts jointly, on a temporary basis, to loan money in a bank credit(syndicated credit) or to underwrite a new issue of bonds. ff. Tax Anticipation Notes — Short-term notes issued in anticipation of collections of taxes or as otherwise provided by State law. gg. Tax Event Risk — The risk that the spread between taxable and tax-exempt rates will change as a result of the changes in income tax laws or other conditions. hh. Termination Risk — The need to terminate a transaction in a market that dictates a termination payment by the issuer. ii. Variable Rate Debt — Bonds with interest rates that fluctuate based upon an index or pricing procedure. These bonds often offer lower interest rates and have short maturities. hh. Yield Burning — A municipal bond financing method. Underwriters in advance refundings add large markups on U.S. Treasury bonds bought and held in escrow to compensate investors while waiting for repayment of old bonds after issuance of the new bonds. Since bond prices and yields move in opposite directions, when the bonds are marked up, they "burn down" the yield, which may violate federal tax rules and diminishes tax revenues. 27 Debt Management Policy Amendments Council Presentation July 30, 2024 Debt Management Policy • Last updated in 2010 and affirmed by City Council in 2011 • Provides guidance on the management of City debt including: • Issuance • Management • Continuing evaluation • Reporting • Amendments have been requested to: • Section 6 - Structure and Type of Debt • Section 7 - Debt Limits Section 6 - Structure and Type of Debt Requested Change-Add sentence to section 6.3.b-Certificates of Obligation "Certificates of Obligation should not be considered as the primary financial debt instrument to fund capital projects." Staff does not recommend the change, however, should council deem it advisable, staff recommends an alternative stating: "For debt that is not classified as self-supporting (being paid from a source other than ad valorem taxes) the City shall endeavor to identify alternatives to Certificates of Obligation for financing capital projects." Section 6 - Structure and Type of Debt Requested Change-Add sentence to section 6.3.b-Certificates of Obligation "Annual use of certificates of obligation debt shall not exceed 20% of the total taxpayer funded general obligation debt." Staff does not recommend the change, however, should council deem it advisable, staff recommends an alternative stating: "Total outstanding non-self-supported certificate of obligation debt should not exceed 20% of the total combined tax supported debt." Section 7 - Debt Limits Requested Change-Add section 7.4 "The City shall evaluate the debt level of individual operational funds (general fund, enterprise funds, internal services funds, and special revenue funds) annually as it relates to the current operational budget level. The amount of debt service for an individual fund shall not exceed thirty-five percent (35%) of the operating budget of the respective fund." Staff and the City's Financial Advisors do not recommend the change • GO debt is supported by its own tax rate, which is subject to different limitations compared to the O&M rate. Additionally, the majority of GO debt is voter-approved, meaning the citizens have already determined that the issuance is allowed and to be paid for by the I&S tax fund. • Revenue-supported debt must also comply with existing bond covenants requiring a minimum Debt Service Coverage Ratio ("DSCR") to afford additional debt. At most, as recommended by the rate consultants, the City may set an informal, internal target to maintain a more conservative minimum DSCR. 5 Questions ? SC G� O� N v NOflP00.M1E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 30, 2024 DATE: July 24, 2024 TO: Peter Zanoni, City Manager THRU : Heather Hurlbert, CPA, CGFO, Assistant City Manager FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Amendment to Financial Budgetary Policies for FY 2024-2025 CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 033143 and providing financial policy direction on preparation of the FY 2025 operating and capital budgets. SUMMARY: The financial budgetary policies for FY 2024-2025 are being requested for an amendment to address several changes including updated Section 3-General Fund Balance and Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund. BACKGROUNDAND FINDINGS: Annually, City staff reviews the financial budgetary policies for direction on preparing the upcoming, annual budget. The financial budgetary policies for FY 2024-2025 are being recommended by staff for amendment to one section defining the percentage of the General Fund Balance reserve. • Section 3. General Fund Balance- o Removing the reference to Working Capital in the title as this section refers to the Fund Balance. o Removing the reference to the GFOA Best Practice publication o Removing the language about a 17% unrestricted fund balance and using the 20% as the goal. o Clarifying that the calculation is based on the general fund operating expenses and not appropriations. o Updating the reference to the Annual Comprehensive Financial Report (ACFR) and removing the Comprehensive Annual Financial Report. o Adding "for financial reporting purposes" to the second paragraph • Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund Subsection 2 o Added "has not been approved by City Council to date" and updated the date from FY2023-2024 to 2024-2025. In addition, a change to Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund, Subsection 2 has been requested to increase the transfer of the General Fund revenues from 1% to 3%. Staff is not recommending this change due to the current budgetary constraints of the FY 2024- 2025 budget. ALTERNATIVES: An alternative would be to leave the financial budgetary policies as it is currently written or include some but not all requested amendments. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 033143 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in September 2023 by Resolution 033143-1 and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution 033103 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues / Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. It is the goal of the City Council to maintain a reserve in the General Fund of an unassigned fund balance totaling 20% which represents at least two months of general fund operating expenditures, exclusive of any one-time appropriations. The amount calculated to be at least 20% of general fund operating expenditures exclusive on any one-time appropriations will be Reserved for Major Contingencies upon completion of the Annual Comprehensive Financial Report (ACFR) for financial reporting purposes and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report, (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Storm Water, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1 .148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents has not been approved by City Council to date will not be recommended for FY 2024-2025. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Water and Wastewater Rates. As part of the budget process, City Council shall annually review Water and Wastewater rates and adjust accordingly, with any rate changes going into effect January 1 of the following year. Section 15. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 16. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 17. Use of Nonrecurring Revenue. The City shall endeavorto use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 18. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. Section 19. Texas Ambulance Supplemental Payment Program (TASPP). Annual payment shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in respective fiscal year. Section 20. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 21. Capital Improvement Future Bond Design Funding. To have more accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design and engineering costs should be included in Bond elections for constructions projects. The General Obligation Bond for construction funding should be placed in the following Bond Election cycle. Section 22. Capital Improvement Annual Close-out. No less than annually, all capital funds will be reconciled by City Staff. 1 . Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 23. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to. identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 24. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Section 25. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 26. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 27. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. That the foregoing resolution was read and passed on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 0331 3 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS WHEREAS, the City Council adopted a Financial Policy in 4u+�-September 2023 by Resolution 0331-943; and WHEREAS, as a result of this policy, the City achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain a General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to manage fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds-land WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt a new or modified policy annually in conjunction with preparation of the budget and prior to presenting the Proposed Budget to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Budgetary Policies adopted by Resolution 033103 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues / Current Expenditures. General Fund current revenues and funds available from all sources will equal or exceed current expenditures. Section 3. General Fund Balance J Working Gapita'_. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. in the G v eranTmT n+ Finanno OffrcGs Asacnciatiep'''s (GC()0) "Rest Pructr-e fe (2fly-rv)",GFOA F8G9R;FReRdG, at a minimum that geR FaI pi iFpese g9Ver�eRr Fegar'J�? E)f size, erat+p eXpeRd+t-Hres, ceFd 91y4 t is the goal of the City Council to build apd maintain a reserve in the General Fund of an unassigned fund balance `"'h�total&L 20% which represents at least two months (er appreximatel„ 170%` of ron, laF of general fund operating expenditures Gip to 2004 9f +„fa;l ;nn,ial Gonoral F Rd appFenriati9n_ exclusive of any one-time appropriations. A#t#e , Jhe amount calculated to be at least 20% b.ye mnn+h_ of regular_ of general fund operating expenditures exclusive on any one-time appropriations ° GeReFaI F= iRd appFe1ri_+inn_will be Reserved for Major Contingencies upon completion of the Annual Comprehensive Financial Report (ACFR) for financial reporting purposes and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. Any amount in excess of five percent (5%)will be returned to the paying Funds or used for one-time expenditures. Subsection 4.1 only applies to the Information Technologies Internal Service Fund; Contracts and Procurement Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third- party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10% of projected medical and prescription claims. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report, (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). Subsection 4.5 only applies to Water, Wastewater, Gas, Storm Water, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1 .148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay- as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "no new-revenue maintenance and operations tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be given to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "voter approval tax rate" (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year, excluding new property, with a 3.5% increase.) Section 7. Funding Level from General Fund for Street Maintenance. The General Fund will contribute the higher of 6% of General Fund revenue less grants, industrial district revenue and any transfer to Residential Streets or $10,818,730 for Street Maintenance. In addition, the City must include 5% of industrial district revenue in the Street Maintenance Fund. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. The City must include 5% of industrial district revenue in the Residential Street Reconstruction Fund. 2. Transfer 1% of the General Fund revenues less: • Grants • Industrial District revenue, and • Any General Fund transfer to Residential Streets Reconstruction Fund 3. At a Special City Election in November 2016 Corpus Christi voters voted to create a dedicated fund to be used solely for residential street reconstruction and the city council was authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this section may not be used for payment of debt service. The City Council approved two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2018-2019 and two cents ($0.02) per one hundred dollars ($100.00) of assessed value for fiscal year 2019-2020 for the purpose of residential street reconstruction. The final two cents has not been approved by City Council to date will not be recommended for FY 20244-20245. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to maintain the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. Section 10. Funding of Corpus Christi Fire Fighters' Retirement System (CCFFRS). Whereas, pursuant to a Special Task Force appointed by the City Manager, it is a goal of the City to, over time, adequately fund the CCFFRS so that its funding ratio is in line with the funding ratio of TMRS for general City employees and sworn police officers. Section 11. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 12. Operating Contingencies. The City Manager is directed to budget up to $500,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. Up to 2% of annual appropriations for operating contingencies may be budgeted, as deemed necessary, in enterprise, internal service, and special revenue funds of the City. Section 13. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long-term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 14. Water and Wastewater Rates. As part of the budget process, City Council shall annually review Water and Wastewater rates and adjust accordingly, with any rate changes going into effect January 1 of the following year. Section 15. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 16. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Quarterly financial reports shall include a summary of fund balances for each fund and a statement regarding compliance with these financial policies, where applicable. Section 17. Use of Nonrecurring Revenue. The City shall endeavorto use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 18. Debt Management. The City Manager shall adhere to the Debt management Policy adopted by Resolution 028902 on December 14, 2010 and reaffirmed by Resolution 029321 on December 13, 2011. Section 19. Texas Ambulance Supplemental Payment Program (TASPP). Annual payment shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in respective fiscal year. Section 20. Capital Improvement Plans/Funding. The City Manager shall provide quarterly updates to the City Council on Capital Improvement Projects and post these updates on the City website. The annual Capital Improvement Plan (CIP) shall follow a similar cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. Due to the limited amount of available funds, the CIP serves to establish a priority for the many necessary projects. Therefore, the CIP will be updated annually in order to incorporate the changing priorities, needs and funding sources. As part of a concerted effort to improve financial flexibility, it is authorized that all interest and other revenues relating to Capital Funds will be appropriated at the beginning of each fiscal year and become part of those funds to be used for capital project expenditures. Additionally, the City shall pursue pay-as-you-go funding for maintenance-type capital costs to the extent possible. The CIP is a necessary tool in the capital planning process, and shall be organized as follows: 1. ANNUAL CAPITAL BUDGET: This is the first year of the short-range CIP and shall be fully funded. All approved projects must have corresponding funding resources identified by individual project. Projects added to the approved annual Capital Budget shall require City Council approval. 2. SHORT RANGE CIP: A schedule of capital expenditures to be incurred over the current annual Capital Budget plus two (2) additional years. The short- range plan projects must have programmed funding with corresponding funding resources identified by individual project. Any projects that include projected increases to operating costs for programmed facilities will be notated. A review of all CIP encumbrances will be done annually. Any encumbrance that does not represent a true commitment will be returned to reserves. 3. LONG RANGE CIP: The long-range plan extends for an additional seven years beyond the short range, for a complete plan that includes ten years. The long- range CIP projects must have realistic planned funding tied to the projects. Section 21. Capital Improvement Future Bond Design Funding. To have more accurate cost estimates for CIP General Obligation Bond projects and to lessen the impact from annual inflation, design and engineering costs should be included in Bond elections for constructions projects. The General Obligation Bond for construction funding should be placed in the following Bond Election cycle. Section 22. Capital Improvement Annual Close-out. No less than annually, all capital funds will be reconciled by City Staff. 1. Voter-approved Debt — Capital Improvement Plan funds associated with voter-approved debt shall be brought to City Council when all projects in the Fund are deemed complete for review and recommendation on use of any remaining funds. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. 2. Utility Revenue Debt — Capital Improvement Plan funds associated with utility bond debt shall be brought to City Council in a report comparing budget to actuals when a utility bond issuance is deemed complete. Funds may be held in the short-term to complete projects or may be assigned to other projects as allowed by bond language. Section 23. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to. identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 24. Line-Item Budget Review Process. During the preparation of the City's operating budget, City staff shall perform a line-item budget review of departmental budgets. Section 25. Drought Surcharge Exemption Fund. Beginning in Fiscal Year 2018-2019 The Drought Surcharge Exemption Fees collected from large-volume industrial customers pursuant to Ordinance 031533 shall be dedicated for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. The Drought Surcharge Exemption Fees paid to the City will be accounted for and reserved in a separate Drought Surcharge Exemption Fund and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. Section 26. Park Development Fund. Expenditures shall be used for the acquisition of land for a public park and/or construction improvements for a public park including utility extensions required to serve recreational areas. Revenues come from a Park Development Fee in lieu of land dedication and earnings on investments. Revenues are authorized to be appropriated at the beginning of each fiscal year and will be restricted as per current City codes and ordinances and unspent appropriations will carry over from fiscal year to fiscal year. Section 27. Budget Controls. Budgetary compliance is an important tool in managing and controlling governmental activities, as well as ensuring conformance with the City's budgetary limits. Budgetary controls, levels at which expenditures cannot legally exceed appropriated amounts, are established within individual funds. The City utilizes an encumbrance system of accounting as one mechanism to accomplish effective budgetary controls. Encumbrances at year end which represent a true commitment are generally added to the budget. That the foregoing resolution was read and passed on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Financial Budgetary Policy Amendments Council Presentation July 30, 2024 Financial BudgetaryPolicy • Last amended in September 2023 and has been amended or reaffirmed each year by City Council since 1997 as part of the budget process • Provides guidance on the preparation of the budget • Amendments are proposed by staff for: • Section 3-General Fund Balance/Working Capital • Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund • An amendment has been requested to: • Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund Section 3-General Fund Balance/Working Capital • Remove Working Capital from the title • Remove reference to GFOA recommendation. GFOA updated guidance in 2020 and has moved to a risk-based calculation • Remove the reference to building the fund balance as the goal has been met • Remove the reference to the 17% and instead base the goal on the 20% of general fund operating expenditures • Add clarifying language that the second paragraph refers to the procedures for Financial Reporting • Update the Comprehensive Annual Financial Report to the Annual Comprehensive Financial Report • Add that the 20% goal should be calculated on the general operating expenses less any one-time appropriations Section 3-General Fund Balance/Working Capital Section as amended: It is the goal of the City Council to maintain a reserve in the General Fund of an unassigned fund balance totaling 20% which represents at least two months of general fund operating expenditures, exclusive of any one-time appropriations. The amount calculated to be at least 20% of general fund operating expenditures exclusive on any one-time appropriations will be Reserved for Major Contingencies upon completion of the Annual Comprehensive Financial Report (ACFR)for financial reporting purposes and set up in a separate account. Section 8-Funding Level from General Fund for Residential Street Reconstruction Fund Proposed Amendment-Add "has not been approved by City Council" to last sentence along with updated fiscal year 2024-2025 "The final two cents has not been approved by City Council to date and will not be recommended for FY 2024-2025." Requested Amendment- Increase transfer of General Fund revenue from 1% to 3% • Staff does not recommend this change for FY 2024-2025 due to the budgetary constraints in the General Fund. This is something that could be included for a future fiscal year. Questions ? se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 City Council Meeting of July 30, 2024 DATE: July 18, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CMA CFGO, Assistant City Manager HeatherH3Lcctexas.com 361-826-3506 Update on General Obligation CIP Funding Capacity OUTSIDE PRESENTEEa Name Title/Position Agency Name Victor Quiroga, Jr. Managing Director Specialized Public Finance, Inc. BACKGROUND: In spring 2024, Specialized Public Finance, Inc. (SPFI), presented a plan of finance which included GO Bonds in support of Bond 2024. At this time, the plan showed sufficient capacity to issue up to $175 million in GO Bonds in support of projects included in proposed Bond 2024. The briefing today will provide an update of the plan including updated appraised values for tax year 2024 and present the updated capacity in support of the FY25 Budget and Bond 2024. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Funding Capacity Briefing General Obligation (10) CIP Funding Capacity Analysis Update July 30, 2024 City of Corpus Christi, Texas Victor Quiroga,Jr. Dan Wegmiller Managing Director Managing Director 711 N Carancahua St 248 Addie Roy Road Suite 401 Suite 8746 ❑ SPECIALIZED PUBLIC FINANCE INC. Corpus Christi,Texas 78401 Austin,Texas 78746 FINANCIAL ADVISORY SERVICES 361.278.1310 512.820.6086 victor@spfmuni.com dan@spfmuni.com Future Bond Issuance Assumptions Goal: Calculate bond capacity without increasing the current I&S tax rate of $0.2209, assuming conservative property valuation growth rates Future Debt Issuance Assumptions: • November 2022 Program Authorization Issuance: • $50,000,000 in FY 2024 • $75,000,000 in FY 2025 (remaining authorization) • FY 2025 General Fund Budget Support: • $11 ,000,000 Tax Notes, primarily for Public Safety Vehicles and Developer Participation Agreements • November 2024 Program Authorization Issuance: • $87,500,000 in FY 2026 • $87,500 000 in FY 2027 SPECIALIZEDpPUBLIC FINANCE INC. s E A << CITY OF CORPUS CHRISTI,TEXAS 1 Historical and Projected Taxable Value Growth H $40.0 c 0 m $36.0 c $32.0 - - $28.0 - - - - - $24.0 - - - - - $20.0 - - - - - - - - - $16.0 - - - - - - - - $12.0 - - - - - - - - - - - - $8.0 - - - - - - - - - - $4.0 - - - - - - - - - - 2015 2016 2017� 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2047 ■Historical/Current Values ■Projected Values Historical and Projected Annual AV Growth 2026 to 2030 to 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2029 2034 Thereafter 10-Year Average: 6.75% 5-Year Average: 7.25% Projected Note: FY2015 to FY2023 data provided by the Citys Annual Comprehensive Financial Report("ACFR')dated September 30,2023.ACFRvalues do not exclude TIF values. Values beginning in FY2024 exclude TIF values in order to match assumptions used for budgeting purposes. SPECIALIZED PUBLIC FINANCE INC. CITY OF CORPUS CHRISTI,TEXAS 1 2 Summary of I&S Bond Capacity Analysis Results: • Excluding the November 2022 Bond Program Authorization of $125,000,000, the City's I&S tax rate of $0.2209 allows for $175,000,000 of new bond capacity for November 2024. • Additionally, the current I&S tax rate allows for $11 ,000,000 in Tax Notes for FY 2025 to support General Fund budget expenditures for public safety vehicles and developer participation agreements. Variables in G.O. Debt Model: • Conservative Property Value Growth • 20-Year Debt for GO Bonds • 7-Year Debt for Tax Notes • Use of I&S Fund Balance • 2-Year Bond Funding Cycles • Conservative Interest Rates • Tax Collection Rate of 97.5% • Existing Debt Service SPECIALIZEDpPUBLIC FINANCE INC. s E A "I CITY OF CORPUS CHRISTI,TEXAS 3