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Agenda Packet City Council - 02/18/2025
Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday, February 18,2025 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Father Darryl D'Souza with Holy Family Catholic Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Rachel Firestone , 12th grader from Por Vida Academy High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 25-0215 North Padre Island Beach Nourishment 2. 25-0216 Update on Trust Fund, Impact Fees, and Capital Improvement Advisory Committee City of Corpus Christi Page 1 Printed on 2/18/2025 City Council Meeting Agenda-Final-revised February 18,2025 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: (ITEM 3) 3. 25-0176 Investment Committee 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 4 - 14) 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. 4. 25-0227 Approval of the February 11, 2025 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 5. 25-0127 Ordinance authorizing the acceptance of a grant totaling $5,037.00 from Plains All American Pipeline for the 2024 Plains First Responder Grant Program for the purchase of a Haz-Dust Real-Time Dust monitor for the Corpus Christi Fire Department; and appropriating $5,037.00 in the FY 2025 Fire Grants Fund. sponsors: Fire Department 6. 24-2066 Ordinance authorizing a Revocable Easement on City property at Lake City of Corpus Christi Page 2 Printed on 2/18/2025 City Council Meeting Agenda-Final-revised February 18,2025 Corpus Christi to allow for City of Mathis placement of 150 kw emergency generator including foundation slab of approximately 20' x 20', together with security fencing, in consideration of$10; and authorizing a temporary license for use of City property for temporary construction purposes at Lake Corpus Christi. sponsors: Corpus Christi Water 7. 25-0077 Ordinance authorizing execution of a five-year lease, with 10 one-year mutual renewal options, with Lutheran Social Services of the South, Inc. d/b/a Upbring Head Start for real and personal properties at 1838 Frio Street (Centro de Ninos Head Start Preschool), 1311 7th Street (Miramar Head Start Preschool), 3750 South Port Street (La Armada Head Start Preschool), 1402 West Point Road (Cliff Maus Head Start Preschool), 442 Mohawk (Spirit of Hope Head Start Preschool), 5805 Williams Drive (Gulfway Park Head Start Preschool), 2801 Morris Street (Los Pequenos Head Start Preschool), and 120 Nineteenth Street (Navarro Head Start Preschool) in consideration of Upbring operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties. sponsors: Planning and Community Development Department 8. 25-0085 Ordinance annexing and rezoning land owned by Anil C. and Vandana A. Patel for the Padma Estates subdivision, a 19.2-acre tract located along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd) per owner petition; approving the related service plan; adding the annexed area to City Council District 5; and rezoning the 19.2 acres from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission recommends approval of the rezoning; Staff recommends approval of all actions.) sponsors: Planning and Community Development Department 9. 25-0068 Zoning Case No. ZN8398, Mandel Family Homes, LLC (District 5). Ordinance rezoning a property at or near 3501 De Zevala Street, from the "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 10. 25-0069 Zoning Case No. ZN8501, Cross Timbers Steakhouse, Inc. (District 1). Ordinance rezoning a property at or near 3402 CR-52 (County Road) from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services Consent- Contracts and Procurement City of Corpus Christi Page 3 Printed on 2/18/2025 City Council Meeting Agenda-Final-revised February 18,2025 11. 24-1844 Resolution authorizing a one-year supply agreement, with two one-year options, with Neptune Technology Group, Inc., of Tallassee, Alabama, in an amount up to $750,000.00, with a potential up to $2,387,700.00 if options are exercised, to purchase water meters and parts for Corpus Christi Water (CCW), with FY 2025 funding of$750,000.00 from the Water Fund. sponsors: Corpus Christi Water and Finance &Procurement Consent- Capital Projects 12. 25-0142 Motion authorizing a professional services contract with LJA Engineering, to provide design, bid, and construction phase services for Corn Products Road from IH 37 to Leopard Street reconstruction project in an amount not to exceed $985,382.40, located in Council District 1, with FY 2025 funding available from FY2025 certificate of obligation, Storm Water, Wastewater, Water, and Gas Capital funds. Sponsors: Public Works/Street Department, Engineering Services and Finance & Procurement General Consent Items 13. 25-0107 Resolution authorizing submission of grant application for $333,004.16 to the State of Texas under the Victims of Crime Act for salaries and benefits for five existing civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with a City cash match of $53,803.04 and in-kind services of$29,448.00. sponsors: Police Department 14. 25-0118 Resolution authorizing submission of a grant application for$62,060.00 to the State of Texas under the Criminal Justice Grant Program for funding for the purchase of 10 additional Panasonic in-car video systems for the Corpus Christi Police Department. sponsors: Police Department J. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. K. PUBLIC HEARINGS: (ITEMS 15 - 16) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 15. 25-0129 Annexation and Zoning Case ZN8474 Braselton Development Company, Ltd. (District 3). Ordinance annexing a 63.239-acre tract of land located along the east side of CR 33 (London Pirate Road), north of FM 43 (Weber Rd) and abutting the southside of the Oso Creek per owner petition; approving the related service plan; adding the annexed area to City Council District 3; and rezoning from the "FR" Farm Rural District to the City of Corpus Christi Page 4 Printed on 2/18/2025 City Council Meeting Agenda-Final-revised February 18,2025 "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8474) Sponsors: Planning and Community Development Department 16. 25-0091 Zoning Case No. ZN8539, 2AVH Calallen, LP. (District 1). Ordinance rezoning a property at or near 3601 Interstate Highway 69 (IH 69) and 3362 County Road 52 (CR 52) from the "FR" Farm Rural 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). Sponsors: Development Services L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 17 - 18) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 17. 25-0259 Motion to ensure fair and efficient public participation by allocating each person speaking as a public commenter up to 3 minutes, or 75 minutes divided by the number of speakers, whichever is less. Sponsors: City Secretary's Office 18. 25-0105 Motion to award a construction contract to Central Air and Heating Service LLC, headquartered in Tucson, Arizona, with an office located in Harlingen, TX, for the Arena Heating, Ventilation, and Air Conditioning (HVAC) Improvements project for the American Bank Center Arena located in Council District 1, in the amount not to exceed $4,024,972.80 with FY 2025 Capital funding available from the Type A/B Sales Tax funds. Sponsors: Economic Development, Engineering Services and Contracts and Procurement M. BRIEFINGS: (ITEM 19) 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. 19. 25-0258 Legislative Update, presented by Ryan Skrobarczyk, Director of Intergovernmental Relations Sponsors: Intergovernmental Relations N. EXECUTIVE SESSION: (NONE) 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 City of Corpus Christi Page 5 Printed on 2/18/2025 City Council Meeting Agenda-Final-revised February 18,2025 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. O. ADJOURNMENT City of Corpus Christi Page 6 Printed on 2/18/2025 1 A 1 CORPUS CHRISTI L-' PARKS& RECREATION Gulf Beach Maintenance SAND PLACEMENT AND NOURISHMENT low Packery Channel Excess Sand CORPUS CHRISTI PARKS& RECREATION The North Packery area has accumulated excess sand, which can be distributed to other areas of the beach. The sand was distributed from the north end of channel to south end, renourishing the beach in front of the Ellis Seawall and Whitecap Beach. • Benefits • Renourishment in between dredging • By managing the sand and maintaining the 150-feet width as required by city ordinance,we can keep the beach open and safe for vehicles and pedestrian, avoiding the need for bollard placement • Helps remove sand from access roads making it passable for vehicles Parks and Recreation Beach Operations CORPUS CHRSTI PARTS RECREATION • Began February 4ch • io-day project • Equipment Utilized: (3)Loader, (2) motor grader and (5) 18—wheeler belly dumbs By the Numbers CORPUS CHRISTI PARTS RECREATION • Sand spread over a half mile between MM 217 to Whitecap Beach MM 221 • goo truck loads • 21,150 tons 31 V- rl =, Barefoot Mardi Gras Parade CORPUS CHRISTI PARKS& RECREATION • Held on March 1, 2025 • Sponsored by the Padre Island Business Association (PIBA) • Expect over io,000 locals and visitors for the annual event Barefoot z Parade Route CORPUS CHRISTI PARTS RECREATION • Route is expanded in 2025 from 1 mile to 1.5 miles • Beach renourishment provides for a wider area for parade participants and spectators Jd Prior Route Parade Route CORPUS CHRISTI PARTS RECREATION • Route is expanded in 2025 from 1 mile to 1.5 miles • Beach renourishment provides for a wider area for parade participants and spectators h r u+ � • f 2025 Route Maw- ., INVESTMENT COMMITTEE Two(2)vacancies with terms concurrent with council member's term.Council Members are appointed by the Mayor(one of which may be the Mayor)with Council confirmation.Mayor Guajardo is recommending Carolyn Vaughn and herself. Duties The Investment Committee shall include in its deliberation such topics as:economic outlook,diversification,maturity structure,risk,and performance of portfolio.At least annually,the Investment Committee shall review,revise,and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The investment Committee shall be responsible for monitoring,reviewing,and making recommendations regardingthe Policy to the City Council.The Investment Committee will review quarterly investment reports before submission to the City Council. Composition The Investment Committee shall consist of the City Manager,Assistant City Manager over Finance,Director of Management and Budget,and two Council Members appointed by the Mayor(one of which may be the Mayor)and confirmed by City Council for a term concurrent with the member's elected term. Creation/Authority Meets Member size Term length Liaison Ord 033447,8-27-2024 Meets quarterly 5 2 years Judy Villalon Name Term Appt.date End date Appointing Authority Status Category Mayor with Council Paulette Guajardo 1 2/11/2025 11/3/2026 Confirmation New City Council Representative Mayor with Council Carolyn Vaughn 1 2/11/2025 11/3/2026 Confirmation New City Council Representative Peter Zanoni 1 N/A N/A Ex-Officio,Voting New City Manager Heather Hurlbert 11 1 N/A I N/A 1 Ex-Officio,Voting lNew lAssistant City Manager-Finance Amy Cowley 11 1 N/A I N/A I Ex-Officio,Voting New Director of Management and Budget 2-18-2025 City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, February 11,2025 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 11:34 a.m. B. Invocation to be given by Pastor Tal Gardenhire with Tuloso-Midway Baptist Church. Pastor Tal Gardenhire with Tuloso-Midway Baptist Church gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Cash Cisneros, 12th grader from Richard Milburn High School. Cash Cisneros, 12th grader from Richard Milburn High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 8- Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gil Hernandez,Council Member Sylvia Campos,Council Member Everett Roy,Mayor Paulette Guajardo,Council Member Eric Cantu, and Council Member Mark Scott Absent: 1 - Council Member Kaylynn Paxson E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 25-0169 Corpus Christi Hooks 20th Season Brand Unveil, presented by Brady Ballard, Corpus Christi Hooks General Manager General Manager of Corpus Christi Hooks Brady Ballard announced the Corpus Christi Hooks opening day is April 17th and the 20th season brand unveil. 2. 25-0168 Foresight Corpus Christi Golf Finance & Operations Update City Manager Peter Zanoni and Director of Parks and Recreation Robert Dodd gave a City of Corpus Christi Page 1 Printed on 211412025 City Council Meeting Minutes February 11,2025 brief update on the Foresight Corpus Christi Golf Finance and Operations as follows: background; financials (2022-2024); and annual payments. A Council Member commended City staff on this briefing. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Alex Hatley, Corpus Christi, TX, expressed concern about the amount of money owed to the library department in unpaid library fines. Shawn Flanagan, Corpus Christi, TX, spoke about the library policy and explicit books. Robert Schmitchel, Paul Schmitchel, and Rikki Schmitchel, Corpus Christi, TX, spoke in support of a drip irrigation system. The following citizens recommended appointing Dora Wilburn to the Library Board: Alex Flucke, Corpus Christi, TX, Jesus Wong, Corpus Christi, TX, Tom Tagliabue, Corpus Christi, TX, Julie Rogers, Corpus Christi, TX, Piper White, Corpus Christi, TX, Eli McKay, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, and Isabel Araiza, Corpus Christi, TX. The following citizens spoke in opposition to the current Drought Contingency Plan: Mark Muenster, Corpus Christi, TX, Blanca Parkinson, John Weber, Corpus Christi, TX, Corpus Christi, TX, Claudia Mushel, Corpus Christi, TX, Brendan Heselton, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, Chloe Torres, Corpus Christi, TX, Jake Hernandez, Corpus Christi, TX, Cody Benavides, Corpus Christi, TX, Laramie Fain, Corpus Christi, TX, and Jason Hale, Corpus Christi, TX. Shawn Christopher, Corpus Christi, TX, spoke in support of desalination and Item 27. The following citizens spoke in support of the Drought Contingency Plan: Jesse Jenkins, Corpus Christi, TX and Michael Garcia, Corpus Christi, TX. Flo East, Corpus Christi, TX, spoke about the Flour Bluff Business Association's requests and priorities. Samuel Aundra Fryer, Corpus Christi, TX, spoke about the Texas Penal Code and City codes regarding books in libraries. Susie Saldana, Corpus Christi, TX, spoke about the City Council decorum. Ron Graban, Corpus Christi, TX, commended City staff for their work on North Beach. Courtney John, Corpus Christi, TX, spoke about a citywide March for Jesus on March 1 st City of Corpus Christi Page 2 Printed on 211412025 City Council Meeting Minutes February 11,2025 to unite and pray over the City. Rachel Caballero, Corpus Christi, TX, Elena Martinez, Corpus Christi, TX and Elizabeth Lily, Corpus Christi, TX, expressed concern about the City's hiring practices. Melinda De Los Santos, Corpus Christi, TX, recommended appointing Samuel Fryer or Marcus Haas to the Library Board. John Hendricks, Corpus Christi, TX, expressed concern about the lack of maintenance at the Bayview Cemetery. Josh Shelton, Corpus Christi, TX, asked to be appointed to the Library Board. Henry Williams, Corpus Christi, TX, spoke in opposition to the Inner Harbor desalination plant. Candace Held, Corpus Christi, TX, spoke in support of Item 28, South Texas Alliance of Indigenous People. Alberto Zertuche, Corpus Christi, TX, spoke in opposition to the desalination plant. Tanya Bergstrom, Corpus Christi, TX, spoke in opposition to the current Drought Contingency Plan and expressed concern about stray dogs. Adam Rios, Corpus Christi, TX, spoke about the Adopt a Park initiative. Camille Jobe, Austin, TX spoke in support of Items 19 and 20. Cedric Davis, Mathis, TX, spoke in support of Item 22. The following individuals submitted a written public comment which is attached to the minutes: Virginia Gutierrez, Corpus Christi, TX, Jason Hale, Corpus Christi, TX, Alycia Kasperitis, Corpus Christi, TX, and Andrea Puyol, Corpus Christi, TX. G. BOARD &COMMITTEE APPOINTMENTS: (ITEM 3) 3. 25-0138 Capital Improvements Advisory Committee Coastal Bend Council of Governments Crime Control & Prevention District Library Board Marina Advisory Committee Watershore & Beach Advisory Committee Mayor Guajardo referred to Item 3. Capital Improvements Advisory Committee: City of Corpus Christi Page 3 Printed on 211412025 City Council Meeting Minutes February 11,2025 Reappointed: Bart Braselton, Hailey R. Gonzalez, Moses Mostaghasi, and Philip Skrobarczyk Jr. Appointed: Patricia Anderson, Debbie Lindsey-Opel, Eli McKay, Herbert J. Rubio, and Trey Summers Coastal Bend Council of Governments: Reappointed: Peter Collins (Regular Member), Esteban Ramos (Regular Member), Ryan Skrobarczyk (Regular Member), Michael Rodriguez (Regular Member), and Sony Peronel (Alternate) Appointed: Arturo Marquez (Regular Member), Jason Alvarez (Alternate), Roland Barrera, Sylvia Campos, Gil Hernandez, and Kaylynn Paxson Crime Control and Prevention District: Reappointed: Joseph H. Kramer, Andrew S. Leeton, and Tracy C. Teague Appointed: Isabel Araiza, Robin Cox, Remy Huston Jr., Sergio Olivares, David Pena, and Conor B. Rice Library Board: Reappointed: Dora A. Wilburn Marina Advisory Committee: Reappointed: Don J. Dunlap Appointed: Daniel S. Herrington, James M. Robertson, Brandon Schumacher, and Brad Stokes Watershore & Beach Advisory Committee: Reappointed: Larisa A. Ford (Scientist) and Scott A. Lawson Appointed: Gonzalo E. Diaz H. BRIEFINGS: (ITEM 4) 4. 25-0195 Briefing on EV Ranch Brackish Groundwater Desalination Project Mayor Guajardo referred to Item 4. Chief Operating Officer of Corpus Christi Water Drew Molly presented information on the following topics: Who is EV Ranch; project location and overview; project considerations; groundwater-water quality considerations; project advantages; and next steps. Council Members, City Manager Peter Zanoni, and Chief Operating Officer Molly discussed the following topics: the timeline for a feasibility study; the Port of Corpus Christi is willing to assist with the cost of the test wells; a plant would need to be built on site which could take two to three years; a request for the total cost of the pipeline and treatment per thousand gallons; and to ensure the City is researching every source of water. City of Corpus Christi Page 4 Printed on 211412025 City Council Meeting Minutes February 11,2025 I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 5 - 23) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Item 8 was withdrawn and Item 23 was pulled for individual consideration. Council Member Campos moved to approve the consent agenda with the exception of Items 8 and 23, seconded by Council Member Barrera. The motion carried by the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council Member Roy, Mayor Guajardo, Council Member Cantu and Council Member Scott Absent: 1 - Council Member Paxson Abstained: 0 5. 25-0171 Approval of the January 28, 2025 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent- Second Reading Ordinances 6. 24-2095 Ordinance authorizing the acceptance of a $2,500.00 grant from the Banfield Foundation for the purchase of supplies and equipment for the Corpus Christi Animal Care Services Department; and appropriating $2,500.00 into the Animal Care Services Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033569 7. 24-2073 Ordinance authorizing the acceptance of a $322,260.00 grant from the U.S. Department of Energy's FY 2023-2024 Energy Efficiency and Conservation Block Grant Program to replace existing lighting with energy efficient lighting for the Aviation Department and the Parks & Recreation Department; and appropriating $322,260.00 into the Department of Energy Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033570 8. 25-0032 Ordinance appropriating $50,000.00 from the Airport Unreserved Operating Fund Balance for the Construction Contract Closeout Audit of Terminal Building Rehabilitation Phase II by Talson Solutions, LLC, and amending the operating budget. City of Corpus Christi Page 5 Printed on 211412025 City Council Meeting Minutes February 11,2025 This Item was withdrawn. 9. 25-0074 Ordinance amending the Capital Improvement Program to add the North Padre Island Force Main Bypass Project; appropriating $970,624.05 from the unreserved fund balance in the TIRZ#2 Fund; and amending the FY 2024-25 Operating and Capital Budgets. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033571 10. 25-0080 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $524,660.00 with Horizon Land Properties, LLC to construct a wastewater trunk line related to Waldron Estates located south of Graham Road & west of Waldron Road intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $524,660.00 to reimburse the developer in accordance with the agreement. (District 4). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033572 Consent- Contracts and Procurement 11. 24-1791 Motion authorizing execution of a one-year supply agreement, with two one-year option periods, with Bound Tree Medical, of Dublin, Ohio, through the BuyBoard Cooperative, for the purchase of emergency medical supplies for the Corpus Christi Fire Department in an amount up to $400,000.00, with a potential total amount up to $1,200,000.00 if both one-year option periods are exercised, with FY 2025 funding of$234,000.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2025-015 Consent- Capital Projects 12. 25-0094 Resolution awarding a construction contract to A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas, in an amount up to $2,508,833.24 for the reconstruction of Martin Street from Holly Road to Dorado Street with new asphalt pavement, sidewalks, curbs and gutters, ADA-compliant curb ramps, signage, pavement markings, speed humps, a stamped concrete island, upgraded street illumination, and utility improvements, located in Council District 3 with FY 2025 funding available from the Street Bond 2022, Storm Water, Water, Wastewater, and Gas Funds. This Resolution was passed on the consent agenda. Enactment No: 033573 City of Corpus Christi Page 6 Printed on 211412025 City Council Meeting Minutes February 11,2025 13. 25-0106 Motion awarding a construction contract to Barcom Construction, Inc., of Corpus Christi, TX, for the Selena Auditorium Pit Lift and Stage Improvement project in an amount up to $913,344, located in Council District 1 with FY 2025 funding available from the Hotel Occupancy Tax (HOT) Funds. This Motion was passed on the consent agenda. Enactment No: M2025-016 General Consent Items 14. 24-1976 Resolution authorizing submission of four grant applications to the Texas Department of Emergency Management under the Hazard Mitigation Grant Program-Hurricane Beryl for funds totaling $918,061.97, with a cost share of $306,020.65, to purchase hazard mitigation equipment for the Development Services Department, Fire Department, Police Department, and Corpus Christi Water. This Resolution was passed on the consent agenda. Enactment No: 033574 15. 25-0060 Resolution authorizing the execution of a 10-year Mutual Aid Agreement for firefighting assistance with the Naval Air Station Corpus Christi and Fire Departments and Emergency Service Districts located in Nueces County including Corpus Christi Fire Department, Robstown Fire Department, Port Aransas Fire Department, Nueces County Emergency Services District#1, Nueces County Emergency Services District#2, Nueces County Emergency Services District#3, Nueces County Emergency Services District#4, and Nueces County Emergency Services District#5. This Resolution was passed on the consent agenda. Enactment No: 033575 16. 25-0108 Resolution authorizing submission of grant application for $69,606.43 to the State of Texas Criminal Justice Division under the Violence Against Women Act Fund for the salary and benefits of one civilian position in the Corpus Christi Police Department's Family Violence Unit, with a City cash match of$21,752.84 and $9,910.00 for in-kind services. This Resolution was passed on the consent agenda. Enactment No: 033576 17. 25-0109 Resolution authorizing the submission of a grant application to the State of Texas under the Body-Worn Camera Grant Program in the amount of $104,300.00 for funding for the purchase of 50 additional body-worn cameras and related equipment for the Corpus Christi Police Department, with a City cash match of$34,767.00 from the Law Enforcement Trust Fund. City of Corpus Christi Page 7 Printed on 211412025 City Council Meeting Minutes February 11,2025 This Resolution was passed on the consent agenda. Enactment No: 033577 18. 24-2071 Resolution authorizing submission of three grant applications to the Office of the Governor, Homeland Security Division, for the FY 2025 State and Local Cybersecurity Grant Program, for funds totaling $1,049,074.72, with a City cash match of$262,268.69, to purchase training and equipment for the Information Technology Department. This Resolution was passed on the consent agenda. Enactment No: 033578 19. 25-0132 Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 75-unit affordable housing project known as Palo Verde Senior Apartments at 5501 Huntwick Ave. to be developed by Danco Communities LLC. This Resolution was passed on the consent agenda. Enactment No: 033579 20. 25-0136 Resolution in support of the proposed 9% Low-income Housing Tax Credits for an up to 75-unit affordable housing project known as Bayside Apartments at 5409 Lipes Boulevard to be developed by Madhouse Development Services Inc. This Resolution was passed on the consent agenda. Enactment No: 033580 Consent-First Reading Ordinances 21. 25-0127 Ordinance authorizing the acceptance of a grant totaling $5,037.00 from Plains All American Pipeline for the 2024 Plains First Responder Grant Program for the purchase of a Haz-Dust Real-Time Dust monitor for the Corpus Christi Fire Department; and appropriating $5,037.00 in the FY 2025 Fire Grants Fund. This Ordinance was passed on first reading on the consent agenda. 22. 24-2066 Ordinance authorizing a Revocable Easement on City property at Lake Corpus Christi to allow for City of Mathis placement of 150 kw emergency generator including foundation slab of approximately 20' x 20', together with security fencing, in consideration of$10; and authorizing a temporary license for use of City property for temporary construction purposes at Lake Corpus Christi. This Ordinance was passed on first reading on the consent agenda. 23. 25-0077 Ordinance authorizing execution of a five-year lease, with 10 one-year mutual renewal options, with Lutheran Social Services of the South, Inc. d/b/a Upbring Head Start for real and personal properties at 1838 Frio Street (Centro de Nihos City of Corpus Christi Page 8 Printed on 211412025 City Council Meeting Minutes February 11,2025 Head Start Preschool), 1311 7th Street (Miramar Head Start Preschool), 3750 South Port Street (La Armada Head Start Preschool), 1402 West Point Road (Cliff Maus Head Start Preschool), 442 Mohawk (Spirit of Hope Head Start Preschool), 5805 Williams Drive (Gulfway Park Head Start Preschool), 2801 Morris Street (Los Pequenos Head Start Preschool), and 120 Nineteenth Street (Navarro Head Start Preschool) in consideration of Upbring operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties. Mayor Guajardo referred to Item 23. Council Members, City Manager Peter Zanoni, Director of Planning & Community Development Dan McGinn, and Regional Director for Upbring Head Start Sandy Salinas DeLeon discussed the following topics: currently there is no start date because licenses are still being processed; and the City is working with the agency on the lease agreement. Council Member Barrera moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council Member Roy, Mayor Guajardo, Council Member Cantu and Council Member Scott Absent: 1 - Council Member Paxson Abstained: 0 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:31 p.m. Executive Session Items 30-32 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:40 p.m. L. PUBLIC HEARINGS: (ITEMS 24 - 26) 24. 25-0085 Ordinance annexing and rezoning land owned by Anil C. and Vandana A. Patel for the Padma Estates subdivision, a 19.2-acre tract located along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd) per owner petition; approving the related service plan; adding the annexed area to City Council District 5; and rezoning the 19.2 acres from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission recommends approval of the rezoning; Staff recommends approval of all actions.) Mayor Guajardo referred to Item 24. Director of Planning and Community Development Dan McGinn presented information on City of Corpus Christi Page 9 Printed on 211412025 City Council Meeting Minutes February 11,2025 the following topics: location; Padma Estates Master Plan; and staff's recommendation. A Council Member and Applicant Carlos Montalvo discussed the following topic: the lots have been elevated to address the drainage concerns. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Hernandez moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council Member Roy, Mayor Guajardo, Council Member Cantu and Council Member Scott Absent: 1 - Council Member Paxson Abstained: 0 25. 25-0068 Zoning Case No. ZN8398, Mandel Family Homes, LLC (District 5). Ordinance rezoning a property at or near 3501 De Zevala Street, from the "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 25. Director of Development Services Michael Dice presented information on the following topics: zoning and land use; public notification; PUD (Planned Unit Development) overlay; and staff analysis and recommendation. Council Members and Director Dice discussed the following topics: larger sidewalks are being considered to allow for an appearance of a larger yard; a concern about the length of the driveway; and the placement of utilities has not been decided. Mayor Guajardo opened the public hearing. Brian Mandel with Mandel Homes, Corpus Christi, TX, stated the price range is from $250,000 to $300,000 for 1,200 to 1,400 square foot homes. Mayor Guajardo closed the public hearing. Council Member Hernandez moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 10 Printed on 211412025 City Council Meeting Minutes February 11,2025 Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council Member Roy, Mayor Guajardo, Council Member Cantu and Council Member Scott Absent: 1 - Council Member Paxson Abstained: 0 26. 25-0069 Zoning Case No. ZN8501, Cross Timbers Steakhouse, Inc. (District 1). Ordinance rezoning a property at or near 3402 CR-52 (County Road) from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 26. Director of Development Services Michael Dice presented information on the following topics: zoning and land use; public notification; and staff analysis and recommendation. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Vaughn moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu and Council Member Scott Absent: 1 - Council Member Paxson Abstained: 1 - Council Member Roy M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 29) 27. 25-0193 Ordinance approving an agreement between the City of Corpus Christi and the Corpus Christi B Corporation - Type B in the amount of $2,380,000.00 for funding of arterial and collector streets within the City; approving a 380 Agreement in the amount of $2,380,000.00 with LiftFund Inc to grant a total of $2,000,000.00 to small businesses for revenue losses up to $50,000.00 due to stage 3 water restrictions; and amending the FY 2025 Operating Budget to transfer $2,380,000.00 from Street Fund to General Fund and appropriating for said 380 Agreement Mayor Guajardo referred to Item 27. Director of Economic Development Arturo Marquez presented information on the City of Corpus Christi Page 11 Printed on 211412025 City Council Meeting Minutes February 11,2025 following topics: drought restrictions; proposed program overview; eligibility criteria; grant distribution and limitations; application and review process; funding and reporting; and conclusion. Council Members, City Manager Peter Zanoni, Director Marquez, and Market Manager of LiftFund Laura Estrada discussed the following topics: businesses affected by at least a 20 percent decrease in sales from water restrictions are eligible for this grant; an estimate of 40 businesses could benefit from this grant; a concern about the grant stipulations not allowing small businesses with taxes in arrears to qualify; the goal is for businesses to receive immediate relief; and opportunities to provide projects for affected companies within the City. Mayor Guajardo opened public comment. Victoria Holland, Corpus Christi, TX, spoke in support of this grant, but expressed concern about the cap of grants for administrative fees and costs. Mayor Guajardo closed public comment. Council Member Scott moved to amend the ordinance to a one reading emergency ordinance as follows: This section constitutes a written request by the mayor or majority of the members of the Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure, seconded by Council Member Vaughn. Council Member Vaughn moved to approve the ordinance as amended, seconded by Council Member Barrera. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Campos, Council Member Roy, Mayor Guajardo, Council Member Cantu and Council Member Scott Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Paxson Abstained: 0 Enactment No: 033581 28. 24-1565 Motion authorizing execution of an agreement with the South Texas Alliance of Indigenous People (STAIP), a Texas non-profit corporation, for the construction, donation, and acceptance of improvements and artwork commemorating the Native Americans in Corpus Christi to be placed at the Hans & Pat Suter Wildlife Refuge. City of Corpus Christi Page 12 Printed on 211412025 City Council Meeting Minutes February 11,2025 Mayor Guajardo referred to Item 28. Director of Parks and Recreation Robert Dodd stated this refuge serves as an important resource for tourism, education and recreation. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council Member Roy, Mayor Guajardo, Council Member Cantu and Council Member Scott Absent: 1 - Council Member Paxson Abstained: 0 Enactment No: M2025-017 29. 24-1126 Presentation on the City's Drought Contingency Plan and ordinance amending City Code of Ordinances Chapter 55, Article XII Water Resource Management sections 55-150, 55-152, 55-153, 55-154, 55-155; updating the City's Drought Contingency Plan, providing an effective date of February 17,2025, and providing for penalties and publication. Mayor Guajardo referred to Item 29. Council Members, City Manager Peter Zanoni, and Chief Operating Officer Drew Molly discussed the following topics: desires to postpone this ordinance for further review and discussion; Council can amend the Drought Contingency Plan (DCP) at any time; a request to add drip irrigation for landscaping, hand watering for plants, and water meter moratorium to the DCP; and a desire to remove the drought exemption fee for large volume water users. Council Member Campos moved to postpone this ordinance for two weeks, seconded by Council Member Hernandez and passed with the following vote: Mayor Guajardo and Council Members Campos, Cantu, Hernandez and Vaughn voting, yes; Council Members Barrera, Roy and Scott voting, no. The motion carried. Council Member Vaughn moved to reconsider her vote, seconded by Mayor Guajardo and passed unanimously. Mayor Guajardo opened public comment. City of Corpus Christi Page 13 Printed on 211412025 City Council Meeting Minutes February 11,2025 Conor Rice, Corpus Christi, TX, spoke in opposition to the DCP. Bob Paulison, Corpus Christi, TX, spoke in support of the DCP. Beatriz Alvarado, Corpus Chrisit, TX, spoke in opposition to the DCP. Mayor Guajardo closed public comment. Council Member Barrera moved to amend the ordinance prior to second reading to include the highlighted changes in the revised DCP as presented by staff, seconded by Council Member Scott. The Motion failed with the following vote: Aye: 4- Council Member Barrera, Council Member Roy, Mayor Guajardo and Council Member Scott Nay: 4- Council Member Vaughn, Council Member Hernandez, Council Member Campos and Council Member Cantu Absent: 1 - Council Member Paxson Abstained: 0 The Council took no further action. City Manager Zanoni said he would place the second reading on an upcoming agenda. N. EXECUTIVE SESSION: (ITEMS 30 - 32) 30. 25-0059 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential value and/or acquisition of properties at, next to, and/or near 3312 Leopard Street in Corpus Christi for potential detention center expansion; and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to, potential consideration of authorization to enter agreement(s) for the purchase of the property or property(ies) at and/or adjacent to the aforementioned locations. This E-Session Item was discussed in executive session. 31. 24-2083 Executive session briefing 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 SOAH Docket No. 473-24-19854, PUC Docket No. 56427, Petition by Outside City Ratepayers Appealing the Water Rates of the City of Corpus Christi, including potential consideration of settlement offer(s) and actions related thereto This E-Session Item was discussed in executive session. City of Corpus Christi Page 14 Printed on 211412025 City Council Meeting Minutes February 11,2025 32. 25-0093 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 personnel matters, the FMLA, federal & state antidiscrimination laws, and other laws and regulations This E-Session Item was discussed in executive session. O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 7:12 p.m. City of Corpus Christi Page 15 Printed on 211412025 ' Tuesday, February 11, 2025 • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission 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 written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday, February 11, 2025 Name Andrea Puyol Address 902 Ohio Ave Corpus Christi,TX, 78404 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic DCP& Desalination Agenda Item Number N/A Comment The DCP is a joke of a plan! It so clearly favors industry over residents and residents will be hurt the most by this plan. It is so disappointing to see our city leaders make such terrible decisions with our limited resources.The water is for the people.The city sold off our water to corporations without consideration for the rest of us and now we will suffer for something we didn't sign on for. I demand for the end of the drought exemption for high volume water uses. It is baffling that the city is prioritizing corporate polluters rather than residents! I demand that it be required that industrial customers curtail their water usage so that we can recuperate our water resources! I demand for the removal of the restrictions and penalties placed on residents and small businesses so that we are less affected by the consequences of City's irresponsible resource management and wasteful business practices of heavy volume users! People are waking up! Our voices will be heard! 1 Provide an email to receive a copy of andreapuyol98@gmail.com your submission. 2 ' Tuesday, February 11, 2025 • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission 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 written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday, February 11, 2025 Name Alycia Kasperitis Address 6262 weber rd, Suite 214 Corpus Christi,Texas, 78413 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 5 Topic Drought contingency plan Agenda Item Number 29 1 Comment Good Morning, unfortunately we are unable to attend in person today. On behalf of the CBHBA, I would like to thank Drew Molly and CCW for their hard work on the revised drought contingency plan. Our meeting was collaborative and therefore we present the following resolution: -Whereas the CBHBA seeks to promote responsible growth within our region; and -Whereas the approved drought contingency plan plays a pivotal role in sustaining our community; and -Whereas the CBHBA represents a diverse segment of the Corpus Christi economy; Now therefore be it resolved that the CBHBA supports the CCW revised drought contingency plan reflecting the following changes: -Removing the stage 3 optional measure of limiting water meters and new infrastructure and moving it to an optional measure under Water Shortage; and - Inclusion of a 30 day exemption during Stage 3 to be included with building permits to allow irrigation to be used to establish new plantings (ie sod, shrubs,trees, etc) Provide an email to receive a copy of alyciak@cbhba.org your submission. 2 ' Monday, February 10, 2025 • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission 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 written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday, February 11, 2025 Name Virginia Gutierrez Address 1642 15th St,Without Recourse Corpus Christi,Tx, 78404 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? I don't know Topic Drought water restrictions Agenda Item Number 241126 Comment Im virginia gutierrez City of corpus christi resident. In Corpus Christi, For instance, Gulf Coast Growth Ventures,which began operations in 2022, requires approximately 12.5 million gallons of water daily. Combined with Valero,these two entities alone represent about 25% of the region's daily water usage. In contrast,Given that industrial users consume up to 80%of the water supply, residential and other non- industrial uses account for the remaining 20%. In Corpus Christi,the total daily water consumption is approximately 85 million gallons. Residents is 500,000 x133 gallons per day=daily usage My water usage in my household is 4 units 133 gallons per day. for 2 story house. This is unetical.That the city accepts the industrial usage at face and citizens have to suffer. City should do better. Example look how other cities are doing drought issues and take notes. Listen to residents and take notes. Anything is better than what your doing now. 1 Provide an email to receive a copy of scammerssuck@myyahoo.com your submission. 2 ' Tuesday, February 11, 2025 • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission 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 written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday, February 11, 2025 Name Jason Hale Address 4421 HAMLIN DR CORPUS CHRISTI,TX, 78411-3059 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic Drought Contingency Plan Agenda Item Number 29 Comment I am submitting my recommendations for the Drought Contingency Plan. I think they are simple solutions, utilized by other public utilities,that would benefit the Coastal Bend by being more reactive to low reservoir levels. I realize the proposed revisions are unlikely to change but I wanted this to be on the record so people could look it up and reference it during the next revision. Upload supporting images or documents. 8 Drought Contingency Plan Meeting Di... .pdf Provide an email to receive a copy of jasonhaletx@gmail.com your submission. Drought Contingency Plan Meeting District 2, 02/05/2025 1.0 Drought Contingency Plan (DCP) A large portion of Corpus Christi's water demands are relatively inflexible, making the City more sensitive to droughts. Therefore, our drought response should be proactive and send strong price signals in order to conserve water without penalizing essential use. Below is a list of recommendations for improvements to the proposed 2025 Drought Contingency Plan and local water conservation efforts. 1.1 Surcharges A. Surcharges Offset Revenue Loss Water conservation results in revenue loss from less water sales. Making up for that loss by increasing next year's water rates sends the wrong signal and may discourage future conservation efforts. Therefore, surcharges from wasteful use must offset this loss. It sends a strong price signal to limit non-essential use and offsets the revenue loss from lower sales. Request • Ensure surcharges are high enough to limit non-essential use while offsetting revenue loss from conservation efforts. Use target reduction goals to assess performance. • Publish the report from surcharge contractors so we can verify surcharges are equitable. • Include `Example Revenue Impact of Reduced Customer Sales' (Exhibit A, Contra Costa Water District) in DCP. B. Fixed Whole Dollar Surcharges. Proposed 2025 surcharges are expressed in fixed whole dollar amounts. However, water rates will be higher in the future, more revenue will be lost from conservation, and fixed dollar amount surcharges will not offset revenue losses in future droughts. Switching to a multiple of the current rate also reduces the need to update surcharge amounts every five years. Request • Switch whole dollar surcharges to multiple of customer rate, set the multiple so it comes out the same for all stages (i.e. $1 per kgal surcharge is 1/4 of residential water rate) • Use simplest fractions possible (i.e. 1/4, 1/6, %8), round up or down as necessary • Provide example with 2024 rates in plan for clarity Example (Brownsville) 1 • Stage 2: For residential accounts, a surcharge of 1.25 x current rate per 1,000 gallons over 7,000 gallons will be added to the customers' bill. Offer • We can draft language with the proposed modifications C. Tiered Surcharge Structure. Proposed 2025 surcharges are single tiered for all user groups. Adding an additional tier will send a strong price signal to encourage further conservation, reduce wasteful use, and maximize beneficial use for all customers. Request • Add a second tier for high users. • Consider a hybrid percent reduction /flat allocation for certain user groups, like irrigation or commercial, to reduce complaints and appeals if necessary. Example • Stage 2: For irrigation accounts, a surcharge of$2.00 per 1,000 gallons over 10,000 gallons will be added to the customers' bill. • Stage 2: For residential accounts, a surcharge of$2.00 per 1,000 gallons over 9,000 gallons will be added to the customers' bill. • Stage 2: For commercial accounts, a surcharge of$2.00 per 1,000 gallons over 70,000 gallons will be added to the customers' bill. Offer • We can draft language with the proposed modifications D. Multifamily Surcharge Equity Multifamily residential water users have primarily indoor water use and cannot reduce their water use as much as the single-family residences, which typically use nearly half of their water outdoors (California Department of Water Resources). Request • Ensure multifamily surcharges are less than single family surcharges. E. Non-exempt Large Volume Surcharges. Proposed 2025 DCP surcharges are so low that they disincentivize drought exemption fee participation. Request • At a minimum, keep 2018 non-exempt large volume surcharges. 2 1.2 Goal Setting F. Set Reduction Goals for Each Drought Stage. The proposed 2025 DCP has target reductions for each stage of drought. However, where these reductions come from has yet to be quantified. Request • Include customer reduction goals as demonstrated in Exhibit B (Contra Costa Water District Water Shortage Contingency Plan) using 2021 sales (latest year without a drought stage), or a more suitable reference year/average. • Goals must be set so that residential allocations never go below a health and safety allocation of 35 GPCD. • Add `goals being met' to the City Manager's regular report in 2025 DCP for all stages. 1.3 Stage 3 Drought Conditions G. Hydrological Stage Condition The triggers chosen for the implementation of different stages of a drought contingency plan, such as lake or aquifer levels, often do not take into account the relative severity of climatic conditions, an oversight that can delay meaningful responses to drought far too long Texas Living Waters). Request • Incorporate the severity of meteorological conditions, or other similar indicators of drought intensity, into one or more triggers for drought response stages Example ( !_', , Initiate a Drought Stage When: • On March 1 or July 1, the combined storage in lakes Buchanan and Travis is below 1.1 million acre-feet and the cumulative prior three months of inflows total to those lakes is less than the 25th percentile of historic inflows for the three-month periods, or Offer • We can draft language with the proposed modifications. • If Agreed Order prevents this, add to list of considerations for City Manager or designee for implementing stages. H. Include Eastern Supplies in Drought Stage Consideration Eastern supplies make up a significant portion of our water supplies. Therefore, their drought status should be considered when implementing drought stages. Request 3 • Add eastern supplies to the City Manager's or designee's consideration for implementation of drought stages. Example • For a reservoir, group of reservoirs, or the entire BRA System, when the combined storage of the BRA System is below the Stage 1 System Storage Trigger (Table 1) and reasonable estimates of current annual demands, coupled with inflows and evaporation representative of the drought of record, indicate that the combined system storage could be reduced to the Stage 2 System Storage Trigger or less during the next 12 months ( ). Offer • We can draft language with the proposed modifications. 1.4 Stage 3 Water Use Restrictions for Reducing Demand 1. Pro Rata Water Allocations Allocating water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code 11.039 can dramatically cut water consumption in order to conserve water supplies. However, the plan does not specify when exactly this will happen. It only mentions that preparations begin in Stage 2 and that the City Manager is authorized to implement allocations during Stage 3. Request • Provide more info in DCP on water allocation procedure. • Start allocation implementation at a specific reservoir level percentage, preferably at 20% since the conditions from `Goal Setting' for Stage 3 cannot be met without pro rata allocations. Example ( . :,) • If the total combined storage in lakes Buchanan and Travis drops below 600,000 acre-feet, and the LCRA Board of Directors declares a drought Worse than the Drought of Record consistent with the LCRA Water Management Plan (WMP), LCRA will curtail and distribute the available supply of firm water among its firm water customers and firm environmental flow commitments on a pro rata basis according to the amount of firm water to which they are legally entitled consistent with the Pro Rata Plan for Firm Water Demands approved by TCEQ. 1.5 TCEQ Emergency Relief J. TCEQ Emergency Relief According to `Essentials of Texas Water Resources' (Exhibit C), in order to qualify for relief from the TCEQ, we need to demonstrate that serious drought measures have been instituted and that the feasibility of alternative conservation solutions have been thoroughly explored. 4 Request • Contact the Executive Director of the TCEQ to determine ahead of time the following, in accordance to Texas Water Code section 11.053, o what relief options are available to us, o when would we qualify for relief, and o what proof would we need to provide in order to qualify for relief. 2.0 Non-DCP 2.1 Monthly Conservation Report K. Information Sharing Plan Clearly communicating the results of conservation efforts in relation to drought can provide valuable feedback to residents that encourages further participation. Request • Using public input, formulate a plan for sharing water use and other conservation related metrics for 2025. Suggestions • Present monthly usage and monthly goal in terms of GPCD for each user group. This will show residents how their conservation efforts are paying off and if they need improvement. • Include water loss as a user group. • State conservation success in terms of`days of service' saved. (i.e. last month we conserved 1,000 acre feet, enough for 5 days of service). • Colors for user groups should be the same in all presented media o `Residential' is orange in `Monthly Usage', so it should be shades of orange in `Historic Usage' instead of light blue, blue, and orange. • Present report to City Council or publish to the City website on a monthly basis L. January 2025 CC IN Drought Conservation Update At the January 28th City Council meeting CCW presented graphs with Historic and Monthly Usage showing changes in water use over the past three years. We believe this is a step in the right direction, however, the figures do not align with annual `Water Conservation Reports' (Exhibit D) submitted to the TWDB by the City. We are concerned that the information may be inaccurate and may skew the change-in-use results. 5 Request • Publish Historical Data for the past 5 years from the same data set that CCW is using for the updates. Example • Numbers don't match with CCW's `TWDB Water Conservation Reports'. • CC Municipal totals (23.74 BG vs. 26.9 BG for 2023) • Large Volume (10.77 BG vs. 12.44 BG for 2023) • Is `residential' single-family only? • It looks like multi-family is included in commercial • 2022 numbers are also off for all municipal user groups 2.2 Transparency M. Water Use Data and Rate Analysis Public utilities are owned and operated by local, state, or federal governments on behalf of citizens and customers in that area. Publishing historical use and rate analyses on the City's website will help inform residents on how water is used in the area and whether rates have been equitably set. Request • Publish rate report from contractors in 2024 • Publish `Utility Profile for Retail Water Supplier' reports for the past five years (Exhibit E) 2.3 Water Conservation N. Water Conservation Plan (WCP) The WCP is supposed to be updated every five years alongside the DCP, however not much has been said about the WCP. Question. • Does the City plan on updating its WCP plan anytime soon? If so, when. If not, when can we start working on updating it? O. Community Conservation Program Our community has the opportunity to work together to improve water efficiency and conservation. By bringing together diverse stakeholders, the City can promote community led problem solving through a collaborative partnership like a `Water Efficiency and Conservation' committee, or advisory council. Community members and the City can work to bring in new programs, improve education outreach, connect service providers to residents, host events, and bolster a community-led conservation effort in a way that also reduces resource burdens on City staff. 6 Request: • Sponsor a diverse multi-stakeholder partnership to promote community led conservation and water efficiency improvements. Target: • Reduce demand by 1 MGD at a cost of less than $10 per thousand gallons. • Raise funding from local businesses and community partners. Examples • Rain barrel campaign. Connect rain barrel installation service providers to residents interested in participating in the program. Public events to raise awareness. • Rebate program for efficient devices. City led, matching funds from partnership • Free indoor assessments. Contract a service provider, funded by City & partnership P. Utility Bill Conservation Info/Historic Use Adding information related to conservation to a customer's water bill like historic use or how much your neighbors use would be a low cost way to promote further conservation. Other cities have had success with similar efforts and we should give it a shot. Request • Add information to water bill that promotes conservation Suggestions • Display use from the month 12 months prior to the current bill so the customer can gauge their efforts versus past use. • Display info that promotes competitive conservation • Display the median use for residential users to encourage high users to use less. ■ Could be broken up by zip code or user group. • The City can give a `Star' to reward high conservers ■ Lowest 5% of customer customers ■ Top Conserver last month ■ Summer Hero Badge, etc. 7 Exhibit A Contra Costa Water District ImpactFigure 8-4: Example Revenue of Reduced Customer Sales 2020 Level Level Level Level Level Level Revenue/ Revenue 0-10%(a) 10-20%(a) 20-30%(a) 30-40%(a) 40-50%(a) >50%(a) Expenses (x1,000) (x1,000) (x1,000) (x1,000) (x1,000) (x1,000) (x1,000) _ Revenue Impacted by Shortage Treated Water Variable(b) $78,678 $70,810 $62,943 $55,075 $47,207 $39,339 $35,405 Untreated Water Variable(b) $41,776 $33,281 $29,583 $25,886 $22,188 $18,490 $16,641 TW Facilities Reserve Charge`) $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $- Subtotal $125,454 $109,092 $97,526 $85,960 $74,395 $62,829 $52,046 Net Revenue $_ $(16,362) $(27,928) $(39,493) $(51,059) $(62,625) $(73,408) Change Operating Expenses Extra _ Administrative(d) $ $- $208 $208 $208 $208 $208 CVP Supply $_COStS(e) $(626) $(1,253) $(1,879) $(2,505) $(3,132) $(3,445) Net Expense $_ $(626) $(1,045) $(1,671) $(2,297) $(2,924) $(3,237) Change Estimated Surplus or $_ $(15,736) $(26,883) $(37,822) $(48,762) $(59,701) $(70,171) (Deficiency) NOTES: (a) The overall reduction goal is shown for each level; however,these reductions may differ from the projected reductions for specific customer classes. (b) Based on rates effective 2021 for treated water quantity charges ($2,189/AF) and a weighted average of the treated water energy zone surcharge ($87/AF). (c) Based on rates effective 2021 for untreated water usage charge ($745/AF) and an estimate ($11/AF) for untreated water demand charges,source of information is unknown. (d) Revenue from the treated water facilities reserve charge is not expected to be affected by a shortage unless anew connection moratorium is imposed under extreme shortage conditions (Level 6). (e) Levels 2-6 costs reflect hiring the equivalent of four temporary staff and increased costs to administer and implement a customer communication effort. (f) Cost savings for supply computed as the total cost of CVP water($68.99/AF) multiplied by the difference between the normal year sales and the shortage condition sales CCWD updates its Ten-Year Capital Improvement Program (CIP) biennially based on historical and projected revenue and expenditures. The CIP provides a comprehensive summary of investments planned over the next ten years to ensure adequate water resources, maintain high quality water, and meet the service needs of present and future customers. The CIP allows CCWD to prioritize its 2020 Urban Water Management Plan 8-16 Exhibit B Table 10 Example Customer Reduction Goals Excerpt from "Contra Costa Water District Water Shortage Contingency Plan Sets Reduction Goals" (previous page) Stage I Stage II Stage III(b) Stage IV(b) Maximum(b) 0-10%(a) 10-20%(a) 20-35%(a) 35-50%(a) 50% 2004 %of Water Use Sales Total Goal Sales Goal Sales Goal Sales Goal Sales Goal Sales Sectors (AF) Sales (%) (AF) (%) (AF) (%) 1 (AF) (%) 1 (AF) (%) (AF) Raw Water Service Area Municipal 47,434 39% 5% 45,062 15% 40,319 25% 35,576 40% 28,460 50% 23,717 Industrial 33,255 27% 0% 33,255 5% 31,592 5% 31,592 10% 29,930 40% 19,953 Irrigation 1,612 1% 10% 1,451 30% 1,128 75% 403 90% 161,110 100% 0 Agriculture 184 0% 5% 175 15% 156 25% 138 40% 58,661 50% 92 Subtotal 82,485 68% 79,943 73,195 67,709 43,762 Treated Water Service Area SF 22,054 18% 5% 20,951 20% 17,643 30% 15,438 45% 12,130 50% 11,027 Residential MF 6,325 5% 5% 6,009 15% 5,376 25% 4,744 40% 3,795 50% 3,163 Residential Irrigation 4,443 4% 10% 3,999 30% 3,110 75% 1,111 90% 444 100% 0 Commercial 4,287 4% 5% 4,073 10% 3,858 20% 3,430 30% 3,001 50% 2,144 Industrial 247 0.2% 0% 247 5% 235 5% 235 10% 222 40% 148 Public 985 1% 5% 936 10% 887 20% 788 30% 690 50% 493 Authority Private Fire 137 0.1% 0% 137 0% 137 0% 137 0% 137 0% 137 Protection Temporary 76 0.1% 0% 76 0% 76 100% 0 100% 0 100% 0 Service Municipal 62 0.1% 5% 59 15% 53 25%1 47 40% 37 50% 31 Subtotal 38,616 32% 36,487 31,375 25,930 20,456 17,143 Total 121,101 100% 4% 116,430 14% 104,570 23% 93,639 35% 79,117 50% 60,905 (a)Range in overall reduction goal to be achieved for a given supply reduction stage.A stage's overall reduction goal equals the water supply shortage remaining after supplemental supplies are obtained. (b)The Urban Water Management Planning Act requires the Plan to consider the reductions necessary to achieve a maximum reduction of 5opercent. Stages III and IV are not expected to be experienced as a result of drought,but rather in response to an emergency situation and exceeds CCWD's estimate of the minimum public health and safety requirement. the customer class. There are many sources of information regarding water conservation measures. The California Urban Water Council's Web site (www.cuwcc.org) is a key source of information about urban water management practices. State and federal agencies listed in Appendix F are also good sources of water conservation information. Establish or expand existing toilet and clothes washer rebate programs. While replacement is normally part of a long term conservation program, it can be implemented quickly if enough financial and human resources are allocated. 75 Exhibit C Essentlals of Teams Water Resources Chapter 22 because it falls within the category of planning for response rather than strictly reactionary response. The role of the office of the governor in responding to drought may be categorized as pri- marily economic or disaster relief. For the most part, statutes and rules that more specifically affect water rights in a time of drought are within the purview of the TCEQ. C. The Texas Commission on Environmen0l Quality When drought occurs, the TCEQ has very specific authority to act to grant emergency relief to water rights holders and water users. The TCEQ's authority generally arises out of section 5.501 of the Texas Water Code,which provides that the TCEQ may issue a temporary or emergency order that is "mandatory, permissive, or prohibitory" and by such an order "issue a temporary permit or temporarily suspend or amend a permit condition."See Tex. Water Code § 5.501(a). The TCEQ has codified procedures for emergency and temporary orders.See 30 Tex. Admin Code ch. 35. With respect to water rights and water use,three spe- cific provisions relate to emergency relief measures that the TCEQ may take. In a drought emergency, the TCEQ may suspend permit conditions "relating to beneficial inflows to affected bays and estuaries and instream uses ifthe commission finds that an emergency exists that cannot practicably be resolved in another way."See Tex. Water Code §§ 5.506(a), 11.148(a); 30 Tex. Admin. Code § 35.101. In the 80th legislative session,the Texas legislature added section 11.1471 to the Texas Water Code,which requires the TCEQ to establish environ- mental flow standards for each river basin and bay system in the state. See Tex. Water Code § 11.1471.The legislature also included a provision to allow these fresh water inflow set-asides to be made available temporarily for other beneficial uses during an emergency.See Tex. Water Code § 5.506(a-1).See Chapter 11 of this book for further discussion of environmental flows.Finally, the 2011 legislature added Texas Water Code section 11.053, which clarifies that the executive director has the authority to temporarily suspend or adjust water rights during a period of drought or other emergency shortage of water according to the priority of the water rights.See Tex. Water Code § 11.053(a). However, the statute also requires the executive director to ensure that the action will maximize beneficial use of the water;minimize impacts on water rights holders;pre- vent the waste of water;take into consideration the efforts of the affected water rights holders in developing and implementing water conservation plans and drought contingency plans;and,to the greatest extent practicable,conforms to the order of preferences established by section 11.024 of the Texas Water Code.See Tex. Water Code § 1 L053(b)(1){5). During a period of drought in 2006, the Lower Colorado River Authority (LCRA) filed an application for an emergency order to suspend the instream flow requirements for its Per- mit No. 5715. See Texas Commission on Environmental Quality, TCEQ Docket. No. 2006- 1091-WR. If granted, this emergency order would have allowed the LCRA, by reducing its required instream flows, to divert more water out of the Colorado River into the Lometa Res- ervoir, which supplied LCRA customers in the City of Lometa. The LCRA estimated in July 2006 that the Lometa Reservoir had only ninety to one hundred days of usable water supply. In a July 18, 2006, letter to the LCRA, the executive director of the TCEQ declined the request and, in doing so, commented that the LCRA had implemented,only the first stage of its drought contingency plan. The executive director also concluded that because the LCRA had not taken steps to limit nonessential water usage, the LCRA had not shown that there was an"imminent threat to public health, safety, and welfare that overrides the necessity to com- 22-6 Chapter 22 Drought Planning and Response ply with general procedures for changing a water right." Essentially, the executive director determined that the LCRA had failed to meet its burden under 30 Texas Administrative Code section 35.101(a)(1) and (2) by not instituting sufficient drought conservation measures and by failing to explore other feasible alternatives. The LCRA then took its request to the TCEQ commissioners. After several months,the matter was finally resolved when the LCRA withdrew its request for the emergency order in a May 4, 2007,letter to the TCEQ. The LCRA cited an emergency interconnect agreement with the City of Lampasas and higher than average rains in the spring of 2007 as the reasons the emergency situation was abated. Although the commissioners did not have an opportunity to comment on the request for the emergency order, the executive director's response at least gives guidance to the water rights community that a request for extraordinary emergency relief must be accompanied by a demonstration that serious drought measures have been insti- tuted and the feasibility of alternative solutions has been thoroughly explored.This interpreta- tion by the executive director seems to have been codified in section 11.053 of the Texas Water Code,which was enacted by the 2011 legislature.See Tex. Water Code § 11.053. Although section 11.053 did not take effect until September 1,2011,the executive direc- tor nonetheless received and acted on several priority calls in recent droughts. Section 11.053 seems to codify the executive director's recent use of authority as demonstrated by recent decisions. On May 18,2011,the executive director suspended certain junior water rights after a priority call in the Brazos River Basin by DOW Chemical Company. However, the execu- tive director specifically noted "[i]n order to protect public health and welfare, water rights with municipal uses or for power generation have not been suspended. Land owners with property adjacent to the Brazos River may also continue to divert water for domestic and live- stock use as part of their inherent riparian rights." See News Release, Texas Commission on Environmental Quality, TCEQ Restricts Junior Water Rights (May 18, 2011). Subsequent orders modified or suspended municipal water rights based on factors such as whether the municipality had access to emergency sources of water and whether the municipality had implemented its drought contingency plan. The executive director adopted rules to implement section 11.053 effe0tive May 3, 2012, which codified the executive director's "public wel- fare" approach to priority calls. See 37 Tex. Reg. 3096 (2012). The adopted rules specifically allow the executive director to determine not to suspend junior water rights"based on public health, safety, and welfare concerns." 30 Tex. Admin. Code § 36.5(c). However, the Texas Farm Bureau,representing farmers holding junior water rights, sued the TCEQ,challenging a later order that suspended the farmers' rights, but not municipalities. The court granted plain- tiff's motion for summary judgment, which found the drought curtailment rules to be invalid because they allowed exemption of preferred uses from a curtailment or suspension order and were not,in accordance with the priority of water rights system established by Texas Water Code section 11.027. Texas Farm Bureau a Texas Commission on Environmental Quality,No. D-I-GN-12-003'937(53rd Dist. Ct.,Travis County,Tex. Jun. 6, 2013). An appeal was filed by the TCEQ. D. The Texas Water development Board The Texas Water Development Board (TWDB) also has some authority to provide water rights-related relief during times of water shortage. Under the storage acquisition fund, the TWDB is authorized to use state treasury dollars for projects"including the design,acquisition, 22-T Exhibit D Historic Use https://www.youtube.com/watch?v=WWOSsvgsAwl (6:28:45) CCW Historic Use (City Council Jan 2025 Update) (billion gallons per year) 2022 2023 2024 Large Volume 11.417 11.926 10.77 Wholesale Raw 10.834 10.581 11.22 Wholesale 5.749 5.815 6.046 Commercial 5.691 5.982 5.64 Residential 5.877 5.83 5.29 Total 39.568 40.134 38.966 CC Muni Total 22.985 23.738 21.7 CCW Historic Use (City Council Jan 2025 Update) (million gallons per day) 2022 2023 2024 Large Volume 31.3 32.7 29.4 Wholesale Raw 29.7 29.0 30.7 Wholesale 15.8 15.9 16.5 Commercial 15.6 16.4 15.4 Residential 16.1 16.0 14.5 Total 108.4 110.0 106.5 CC Muni Total 63.0 65.0 59.3 CCW Historic Use (City Council Jan 2025 Update) (GPCD, gallons per capita per day) 2022 2023 2024 CC Municipal Large Volume 98.4 104.0 93.7 Commercial 49.1 52.2 49.0 Residential 50.7 50.8 46.0 Total 198.1 207.0 188.7 Non CC Muni Wholesale Raw 171.7 175.9 158.4 Wholesale 163.0 156.0 165.0 All data in this sheet is from CCW's TWDB Water Conservation Reports Corpus Christi Water Department TWDB Water Conservation Reports (in gallons per year) 2019 2020 2021 2022 2023 Residential Population 326,554 326,000 327,673 317,863 314,204 Total Water Loss(gal) 1,770,594,834 173,781,240 1,044,244,942 1,727,027,086 1,980,503,072 Residential Use(gal) 7,041,510,000 7,439,070,640 8,017,726,000 7,526,000,000 7,693,000,000 Total Municipal Sales 23,980,034,792 22,779,357,780 25,485,482,363 25,122,480,263 26,938,743,072 Gallons Conserved 20,000 0 25,000 30,000 135,000 Gallons Recycled/Reused 273,000 0 0 0 125,000 Residential-Single Family(gal) 5,651,209,000 6,013,530,333 5,723,642,000 5,971,000,000 6,026,000,000 Residential-Multi-family(gal) 1,390,301,000 1,425,540,307 2,294,084,000 1,555,000,000 1,667,000,000 Industrial 10,875,600,000 11,192,854,254 12,096,031,000 11,500,000,000 12,443,000,000 Commercial 3,336,177,000 3,140,036,697 3,273,853,000 3,364,000,000 3,829,000,000 Institutional 785,524,000 717,169,863 677,565,000 908,000,000 931,000,000 Corpus Christi Water Department TWDB Water Conservation Reports (in million gallons per day) 2019 2020 2021 2022 2023 Residential Population 326,554 326,000 327,673 317,863 314,204 Total Water Loss 4.9 0.5 2.9 4.7 5.4 Residential Use 19.3 20.4 22.0 20.6 21.1 Total Municipal Sales 65.7 62.4 69.8 68.8 73.8 Gallons Conserved 0.0 0.0 0.0 0.0 0.0 Gallons Recycled/Reused 0.0 0.0 0.0 0.0 0.0 Residential-Single Family(gal) 15.5 16.5 15.7 16.4 16.5 Residential-Multi-family(gal) 3.8 3.9 6.3 4.3 4.6 Industrial 29.8 30.7 33.1 31.5 34.1 Commercial 9.1 8.6 9.0 9.2 10.5 Institutional 2.2 2.0 1.9 2.5 2.6 Stats 2019 2020 2021 2022 2023 Number of industrial connections 27 28 26 20 20 Number of commercial conecctior 7612 8402 6888 6920 6920 Number of institutional connectior 1245 994 973 986 995 2019 2020 2021 2022 2023 Resident GPCD 59 63 67 65 67 Industrial GPCD 91 94 101 99 108 Other GPCD 35 32 33 37 42 Total GPCD 185 189 201 201 217 Residential Percentage 32% 33% 33% 32% 31% Exhibit E Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER CONTACT INFORMATION Name of Utility: BROWNSVILLE PUBLIC UTILITIES BOARD Public Water Supply Identification Number(PWS ID): TX0310001 Certificate of Convenience and Necessity(CCN) Number: 10549 Surface Water Right ID Number: 865-N Wastewater ID Number: 20217 Contact: First Name: Rene Last Name: Mariscal Title: Division Manager Address: 1425 Robinhood City: Brownsville State: TX Zip Code: 78521 Zip+4: Email: rmariscal@brownsville-pub.com Telephone Number: 9569836256 Date: Is this person the designated Conservation a Yes a No Coordinator? Coordinator: First Name: Guadalupe Last Name: Garcia Title: Water Resources Administrator Address: 1425 Robinhood City: Brownsville Zip Code: 78521 Email: ggarcia@brownsville-pub.com Telephone Number: 956-983-6561 Regional Water Planning Group: M Groundwater Conservation District: Our records indicate that you: ❑✓ Received financial assistance of$500,000 or more from TWDB 0 Have 3,300 or more retail connections ❑✓ Have a surface water right with TCEQ A. Population and Service Area Data 1.Current service area size in square miles: 175 Page 1 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER Attached file(s): File Name File Description 2024 Water Certification 2024 Water Certification Boundaries Boundaries.pdf 2024 Wastewater Certification 2024 Wastewater Certification Boundaries Boundaries.pdf 2. Historical service area population for the previous five years, starting with the most current year. Year Historical Population Historical Population Historical Population Served By Served By Served By Retail Water Service Wholesale Water Wastewater Water Service Service 2023 200,457 17,074 217,531 2022 198,069 16,801 214,870 2021 194,907 14,998 209,905 2020 193,041 14,745 207,786 2019 191,034 14,467 205,501 3. Projected service area population for the following decades. Year Projected Population Projected Population Projected Population Served By Served By Served By Retail Water Service Wholesale Water Wastewater Water Service Service 2030 247,009 15,797 262,806 2040 286,983 18,106 305,089 2050 330,172 20,593 350,765 2060 374,323 23,150 397,473 2070 419,718 25,773 445,491 Page 2 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER 4. Described source(s)/method(s)for estimating current and projected populations. Section I A.1: Service area size is for Brownsville Public Utilities Board(BPUB), El Jardin Water Supply Corporation (EJWSC)and a portion of Military Highway Supply Corporation (MHWSC). Water service area map is provided in Water Conservation and Drought and Contingency Plan, Figure 1. Section I A.2-3: For the projected populations,the water service areas were calculated based on the populations projected in the Texas Water Development Board2021 Regional Water Plan. Attached file(s): File Name File Description bpub and ejwsc 2021 regional BPUB and EJWSC 2021 Regional Water water plan pop projections 2020- Plan Pop Projections 2020-200 2070.pdf B.System Input System input data for the previous five years. Total System Input=Self-supplied+Imported—Exported Year Water Produced in Purchased/Imported Exported Water in Total System Total GPCD Gallons Water in Gallons Gallons Input 2023 5,859,833,000 2,239,475,000 576,766,000 7,522,542,000 103 2022 5,447,688,000 2,162,387,000 554,289,691 7,055,785,309 98 2021 5,124,199,000 2,238,159,000 583,830,928 6,778,527,072 95 2020 5,167,139,000 2,503,784,000 560,092,929 7,110,830,071 101 2019 4,987,734,000 2,539,336,000 555,309,091 6,971,760,909 100 Historic 5,317,318,600 2,336,628,200 566,057,728 7,087,889,072 99 Average C.Water Supply System 1. Designed daily capacity of system in gallons 49,541,000 2.Storage Capacity 2a. Elevated storage in gallons: 7,000,000 2b. Ground storage in gallons: 14,350,000 Page 3 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER D. Projected Demands 1.The estimated water supply requirements for the next ten years using population trends, historical water use, economic growth,etc. Year Population Water Demand (gallons) 2025 241,043 13,145,556,166 2026 245,237 13,374,288,843 2027 249,504 13,067,001,469 2028 253,846 13,843,763,294 2029 258,263 14,084,644,776 2030 262,756 14,329,717,594 2031 267,328 14,579,054,680 2032 271,980 14,832,730,231 2033 276,712 15,090,819,738 2034 281,527 15,353,400,001 2. Description of source data and how projected water demands were determined. 1. Population and water demand projections based on 1.74%growth rate 2. Growth rate of 1.74% is blended rate of BPUB(1.75%)and EJWSC(1.51%) Attached file(s): File Name File Description bpub and ejwsc 2021 regional BPUB and EJWSC 2021 Regional Water water plan pop projections 2020- Plan Pop Projections 2020-2070 2070.pdf bpub 2021 regional water plan BPUB 2021 Regional Water Plan Water water demand projections.pdf Demand Projections ejwsc 2021 regional water plan EJWSC 2021 Regional Water Plan Water water demand projections.pdf Demand Projections Page 4 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER E. High Volume Customers 1.The annual water use for the five highest volume RETAIL customers. Customer Water Use Category Annual Water Use Treated or Raw Rich Products Industrial 65,193,000 Treated Corporation TRICO Products Industrial 27,197,000 Treated Corporation Silas Ray Plant Industrial 22,371,000 Treated National Electric Coil Industrial 2,832,000 Treated 2.The annual water use for the five highest volume WHOLESALE customers. Customer Water Use Category Annual Water Use Treated or Raw El Jardin Water Supply Municipal 299,771,000 Treated Corporataion Brownsville Navigation Municipal 242,943,000 Treated District La Rusias Municipal 34,052,000 Treated F. Utility Data Comment Section Additional comments about utility data. Section I E: Utility data was obtained from 2023 TWDB Water Use Survey. Page 5 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER Section II: System Data A. Retail Water Supplier Connections 1. List of active retail connections by major water use category. Water Use Category Total Retail Percent of Total Type Connections(Active+ Connections Inactive) Residential-Single Family 50,152 75.68% Residential-Multi-Family 11,341 17.11 % Industrial 4 0.01 % Commercial 4,379 6.61 % Institutional 395 0.60% Agricultural 0 0.00% Total 66,271 100.00% 2. Net number of new retail connections by water use category for the previous five years. Net Number of New Retail Connections Year Residential - Residential - Industrial Commercial Institutional Agricultural Total Single Multi-Family Family 2023 700 0 0 0 0 0 700 2022 681 0 0 156 11 0 848 2021 753 0 0 151 0 0 904 2020 769 0 0 0 6 0 775 2019 698 12 0 52 3 0 765 Page 6 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER B.Accounting Data The previous five years'gallons of RETAIL water provided in each major water use category. Year Residential - Residential - Industrial Commercial Institutional Agricultural Total Single Family Multi-Family 2023 3,655,864,000 476,523,000 117,593,000 1,903,403,000 294,673,000 0 6,448,056,000 2022 3,629,124,000 490,401,000 112,898,000 1,812,205,000 269,047,000 0 6,313,675,000 2021 1 3,616,814,0001 498,210,0001 97,570,000 1,650,566,0001 275,316,000 01 6,138,476,000 2020 1 3,833,924,000 498,728,000 83,612,000 1,667,014,000 304,945,000 0 6,388,223,000 2019 1 3,498,220,000 475,669,000 90,929,000 1,711,638,000 222,751,000 0 5,999,207,000 C. Residential Water Use The previous five years residential GPCD for single family and multi-family units. Year Total Residential GPCD 2023 56 2022 57 2021 58 2020 61 2019 57 Historic 58 Average Page 7 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER D.Annual and Seasonal Water Use 1.The previous five years'gallons of treated water provided to RETAIL customers. Total Gallons of Treated Water Month 2023 2022 2021 2020 2019 January 482,039,000 474,823,000 473,304,000 468,394,000 442,215,000 February 473,058,000 442,507,000 467,155,000 452,925,000 420,803,000 March 510,382,000 468,084,000 490,077,000 491,732,000 424,642,000 April 496,363,000 515,056,000 527,728,000 530,936,000 440,892,000 May 490,086,000 545,869,000 499,378,000 587,489,000 512,087,000 June 475,771,000 540,937,000 481,652,000 567,802,000 548,136,000 July 555,659,000 589,659,000 519,565,000 558,733,000 531,727,000 August 630,058,000 634,361,000 512,588,000 537,880,000 547,317,000 September 627,091,000 525,297,000 574,373,000 539,594,000 577,511,000 October 586,905,000 500,022,000 512,822,000 503,095,000 493,818,000 November 518,263,000 483,320,000 501,271,000 546,632,000 484,457,000 December 485,989,000 480,835,000 481,004,000 519,399,000 484,673,000 Total 6,331,664,000 6,200,770,000 6,040,917,000 6,304,611,000 5,908,278,000 Page 8 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER 2.The previous five years'gallons of raw water provided to RETAIL customers. Total Gallons of Raw Water Month 2023 2022 2021 2020 2019 January February March April May June July August September October November December Total 3.Summary of seasonal and annual water use. Summer RETAIL Total RETAIL (Treated + Raw) (Treated + Raw) 2023 1,661,488,000 6,331,664,000 2022 1,764,957,000 6,200,770,000 2021 1,513,805,000 6,040,917,000 2020 1,664,415,000 6,304,611,000 2019 1,627,180,000 5,908,278,000 Average in Gallons 1,646,369,000.00 6,157,248,000.00 Page 9 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER E.Water Loss Water Loss data for the previous five years. Year Total Water Loss Water Loss in Water Loss as a in Gallons GPCD Percentage 2023 824,373,990 11 10.96% 2022 618,535,198 8 9.43 % 2021 552,633,873 7 8.86 % 2020 567,599,176 8 8.58 % 2019 801,536,215 11 12.36% Average 672,935,690 9 10.04% F. Peak Day Use Average Daily Water Use and Peak Day Water Use for theprevious five years. Year Average Daily Peak Day Use Ratio Use(gal) (gal) (peak/avg) 2023 17,347,024 18059652 1.0411 2022 16,988,410 19184315 1.1293 2021 1 16,550,4571 16454402 0.9942 2020 17,272,906 18091467 1.0474 2019 16,187,063 17686739 1.0926 G.Summary of Historic Water Use Water Use Category Historic Percent of Percent of Average Connections Water Use Residential -Single 3,646,789,200 75.68% 58.28% Family Residential - Multi-Family 487,906,200 17.11 % 7.80 % Industrial 100,520,400 0.01 % 1.61 % Commercial 1,748,965,200 6.61 % 27.95 % Institutional 273,346,400 0.60 % 4.37 % Agricultural 0 0.00 % 0.00 Page 10 of 13 Texas Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER H.System Data Comment Section Section II C: Residential per capita consumption (gallons per capita per day)was calculated by dividing the residential gallons billed per year by the estimated Brownsville population. The residential multi-family per capita consumption (gallons per capita per day)was calculated by dividing the multi-family per year by the estimated Brownville population. Section II E:Water losses are calculated as a percentage of retail water sold during the period,and excludes wholesale quantities. Section II F:Average and peak water uses are based on monthly water sales.Therefore,the peak water use is the highest average daily consumption over a month period. Higher peak flows were recorded over a 24- hour period at the water plants. Section III: Wastewater System Data A.Wastewater System Data Attached file(s): File Name File Description WW System Summary 2024.pdf WW System Summary 2024 1. Design capacity of wastewater treatment plant(s)in gallons per day: 27,300,000 2. List of active wastewater connections by major water use category. Water Use Metered Unmetered Total Percent of Category Connections Total Connections Municipal 49,524 1,817 51,341 92.30% Industrial 0 0.00 % Commercial 4,189 93 4,282 7.70 % Institutional 0 0.00 % Agricultural 0 0.00 % Total 53,713 1,910 55,623 100.00 3. Percentage of water serviced by the wastewater system: 99.00% Page 11 of 13 Texas Water Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER 4. Number of gallons of wastewater that was treated by the utility for the previous five years. Total Gallons of Treated Water Month 2023 2022 2021 2020 2019 January 450,332,000 473,894,000 416,766,000 415,353,000 425,629,000 February 402,119,000 443,268,000 379,183,000 390,278,000 387,527,000 March 452,632,000 463,995,000 426,611,000 423,277,000 443,028,000 April 463,019,000 456,683,000 425,670,000 406,024,000 427,303,000 May 517,310,000 509,044,000 488,031,000 436,217,000 446,643,000 June 484,874,000 453,297,000 460,588,000 462,581,000 454,933,000 July 467,146,000 451,126,000 576,148,000 473,497,000 473,669,000 August 467,424,000 465,531,000 487,424,000 468,962,000 448,765,000 September 440,893,000 456,228,000 448,365,000 486,986,000 446,167,000 October 472,647,000 450,557,000 510,533,000 441,814,000 449,873,000 November 481,948,000 493,413,000 459,361,000 412,023,000 408,449,000 December 471,061,000 465,888,000 473,322,000 422,612,000 418,946,000 Total 5,571,405,000 5,582,924,000 5,552,002,000 5,239,624,000 5,230,932,000 5.Could treated wastewater be substituted for potable water? C) Yes �J No B. Reuse Data 1. Data by type of recycling and reuse activities implemented during the current reporting period. Type of Reuse Total Annual Volume (in gallons) On-site Irrigation Plant wash down 176,508,600 Chlorination/de-chlorination 5,500,000 Industrial Landscape irrigation 0 (park,golf courses) Agricultural Discharge to surface water Evaporation Pond Other Total 182,008,600 Page 12 of 13 Texas Water Development Board UTILITY PROFILE FOR RETAIL WATER SUPPLIER C.Wastewater System Data Comment Additional comments and files to support or explain wastewater system data listed below. Section III A:The BPUB wastewater system consists of two wastewater treatment plants, 178 lift stations, 482 miles of sanitary sewer lines,and 692 miles of force mains. The two plants,the Robindale(North) Wastewater Treatment Plant and the South Wastewater Treatment Plant,have a combined treatment capacity of 27.3 mgd. The Robindale Plant with a capacity of 14.5 mgd discharges into San Martin Lake. The South Plant has a capacity of 12.8 mgd and discharges into the Rio Grande. The wastewater system includes a large number of lift stations because of flat topography. Attached file(s): File Name File Description WW System Summary 2024.pdf WW System Summary 2024 Page 13 of 13 so G� 0 v AGENDA MEMORANDUM hcuRpuRp1 0 First Reading Ordinance for the City Council Meeting February 11, 2025 1852 Second Reading Ordinance for the City Council Meeting February 18, 2025 DATE: February 11, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3900 Acceptance of a grant totaling $5,037.00 from Plains All American Pipeline for the Plains First Responder Grant Program for the Corpus Christi Fire Department CAPTION: Ordinance authorizing the acceptance of a grant totaling $5,037.00 from Plains All American Pipeline for the 2024 Plains First Responder Grant Program for the purchase of a Haz-Dust Real- Time Dust monitor for the Corpus Christi Fire Department; and appropriating $5,037.00 in the FY 2025 Fire Grants Fund. SUMMARY: This ordinance authorizes accepting and appropriation of a grant totaling $5,037.00 from Plains All American Pipeline for the 2024 Plains First Responder Grant Program for the purchase of a Haz-Dust Real-Time Dust monitor for the Corpus Christi Fire Department (CCFD). BACKGROUND AND FINDINGS: Plains All American Pipeline is headquartered in Houston, Texas and is one of North America's largest midstream energy companies. Plains All American Pipeline owns and operates midstream energy infrastructure and provides logistics services for crude oil, natural gas liquids, and natural gas. Plains All American Pipeline has long demonstrated its commitment to giving back to the community through the CARE Program and First Responder Grant. Focus areas include health and safety, education, environment and community development. In 2023, they contributed over $3.8 million in grants to first responders operating within proximity to a Plains All-American facility or pipeline. This grant program is a grant opportunity that provides safety equipment and professional training to first responders such as CCFD. Plains All American Pipeline has a board consisting of 11 members that governs the four focus committees. Three board members chair the Health, Safety, Environment, and Sustainability Committee. Last year, Plains Pipeline conducted roughly 230 emergency response training exercises, four of which were large-scale. Training included organization employees, first responders, contractors, and response organizations. Plains All American Pipeline provided training to over 1,450 first responders in 2023. The grant funds will be used to purchase one new Environmental Device Haz-Dust Real-Time Dust Monitor for CCFD's HAZMAT response team in the amount of approximately $5,000. This device identifies hazardous particulates and quantifies the parts per million so that HAZMAT response teams can better assess and respond to HAZMAT situations. Specifically, this device can be used to identify and quantify a variety of aerosols and dusts, including lead, silica, coal, wood, dry chemicals, welding fumes, smoke, paint spray, and cadmium. If needed, this device can also be used to provide air monitoring capabilities for wildland and brush fires. CCFD currently has similar devices that identify and quantify gasses; however, CCFD currently does not have a device that can identify and quantify aerosols and dust, such as those listed above. The ability to measure numerous types of aerosols and dust will provide much-needed additional safety for CCFD personnel. Furthermore, CCFD's HAZMAT response teams will be able to make more accurate decisions toward protecting the public based on the testing results provided through this device. This is the second time the City has been awarded funding from this grant. In FY 2020, the City received $4,063.31 from this grant. The grant funds were used to purchase personal protective equipment for CCFD's HAZMAT response team. ALTERNATIVES: The alternative is to not accept the grant award and instead seek alternative funding. However, this funding was not included in the FY 2025 General Fund budget. If the funding is not awarded through this grant, the City will need to identify alternate funding in order to purchase the Haz- Dust Real-Time Dust Monitor. FISCAL IMPACT: The FY 2025 fiscal impact is the acceptance of funding in the amount of $5,037.00 and appropriating $5,037.00 into the FY 2025 Fire Grants fund. FUNDING DETAIL: Fund: 1062 Fire Grants Organ ization/Activity: 840036L Department: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $5,037.00 RECOMMENDATION: Staff recommends the approval of this ordinance to accept and appropriate a grant totaling $5,037.00 for the purchase of a Haz-Dust Real-Time Dust Monitor for the Corpus Christi Fire Department, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of a grant totaling $5,037.00 from Plains All American Pipeline for the 2024 Plains First Responder Grant Program for the purchase of a Haz-Dust Real-Time Dust monitor for the Corpus Christi Fire Department; and appropriating $5,037.00 in the FY 2025 Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Funding in the amount of $5,037.00 is accepted by the City of Corpus Christi ("City") from Plains All American Pipeline, under the 2024 Plains First Responder Grant Program, for the purchase of a Haz-Dust Real-Time Dust monitor for the Corpus Christi Fire Department, additionally, funding in the amount of $5,037.00 is appropriated into the FY 2025 Fire Grants Fund. SECTION 2. The City Manager, or his designee ("City Manager"), is authorized to execute all documents necessary to accept the funding indicated in Section 1 of this ordinance. SECTION 3. No cash match is required. SECTION 4. The City Manager may reject or terminate this grant. Furthermore, the City Manager is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry-over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no-cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d)for reimbursement increases of administration funds for each participant served; e)to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 5. The Fire Chief is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of these Plains All American Pipeline grant funds, the City assures that the funds will be returned to Plains All American Pipeline, in full. Introduced and voted on the day of February, 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Plains All American Pipeline 2024 Plains First Responder Grant Program Ordinance Authorizing Acceptance of Grant Award Fire Department Fire Chief Brandon Wade February 11, 2025 Background Information Plains All American Pipeline owns and operates midstream energy infrastructure and provides logistics services for crude oil, natural gas liquids, and natural gas. Plains All American Pipeline has long demonstrated its commitment to giving back to the community through the CARE Program and First Responder Grant. This grant program is a grant opportunity that provides safety equipment and professional training to first responders such as CCFD. The City of Corpus Christi has received an award of $5,037.00. Background Information This grant will provide funding for: The grant funds will be used to purchase one new Environmental Device Haz-Dust Real-Time Dust Monitor for CCFD's HAZMAT response team in the amount of approximately $5,000. This device identifies hazardous particulates and quantifies the parts per million so that HAZMAT response teams can better assess and respond to HAZMAT situations. The ability to measure numerous types of aerosols and dust will provide much- needed additional safety for CCFD personnel. Plains All American Pipeline 2024 Plains First Responder Grant Program Questions ? so G� 0 v AGENDA MEMORANDUM hcuRpuRp1 0 First Reading for the City Council Meeting of February 11, 2025 1852 Second Reading for the City Council Meeting of February 18, 2025 DATE: February 11, 2025 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Director of Water Systems and Support Services NickW(a-)-cctexas.com (361) 826-1796 Revocable Easement for City of Mathis Emergency Generator at Lake Corpus Christi CAPTION: Ordinance authorizing a Revocable Easement on City property at Lake Corpus Christi to allow for City of Mathis placement of 150 kw emergency generator including foundation slab of approximately 20' x 20', together with security fencing, in consideration of$10; and authorizing a temporary license for use of City property for temporary construction purposes at Lake Corpus Christi. SUMMARY: The City of Mathis was awarded General Land Office (GLO) funding to improve water infrastructure. The project developed by Mathis includes the installation of an emergency generator to maintain operation of its raw water pumps during an electrical outage in order to maintain its raw water supply. A revocable easement is required for placement of the emergency generator at Lake Corpus Christi. BACKGROUND AND FINDINGS: The City of Mathis ("Mathis") has a raw water contract with the City of Corpus Christi that was initiated in 1977. Under the contract Mathis constructed pumps, pipeline, water treatment plant, and related appurtenances to permit the taking of water by Mathis from Lake Corpus Christi. Mathis was awarded Texas GLO grant for historic disaster mitigation projects in San Patricio County. The funding is provided through Community Development Block Grant Mitigation funds from the U.S. Department of Housing and Urban Development to protect Texas communities affected by Hurricane Harvey. The project developed by the City of Mathis included the installation of a backup emergency generator located on the shore side of Lake Corpus Christi Pier. The generator will allow Mathis to keep raw water pumps operational during an electrical outage. The revocable easement is required to allow for the installation of the power generation equipment. In addition,the project will also include the reconstruction of the existing raw water pumping facility which is owned and operated by Mathis. To accommodate this portion of the project, Mathis has requested use of City property as a temporary construction laydown area on a month-to-month basis not to exceed 12 months which may be extended by mutual agreement of the parties. The City of Corpus Christi owns the property which is known as Sunrise Beach. The location of both the emergency generator and the temporary construction lay down area is located within Sunrise Beach. The generator and its associated equipment will be secure and protected by fencing with locked access. The temporary construction area will be clearly identified and secured with temporary fencing during the project. Corpus Christi Water(CCW) personnel will inspect the construction areas during the course of the project to ensure that public access is prohibited and that there are no safety concerns. Additionally, Mathis and their consulting engineers will keep CCW updated on the progress of the project and its expected completion date. ALTERNATIVES: To not authorize this ordinance which would prevent Mathis from the installation of an emergency generator for its raw water pumps located at Lake Corpus Christi. FISCAL IMPACT: There is no cost to Corpus Christi Water associated with this item for FY25. A ten-dollar payment will be made by City of Mathis to CCW for the revocable easement. FUNDING DETAIL: Fund: 4010 —Water Dept: 45 Org: 30000 - Water Administration Account: 344000 Amount: $10.00 RECOMMENDATION: Approve the Ordinance as presented to authorize the Revocable Easement and Memorandum of Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Revocable Easement Temporary License for construction yard Press Release Texas General Land Office Presentation Ordinance authorizing a Revocable Easement on City-owned property at Lake Corpus Christi to allow for City of Mathis placement of 150 kw emergency generator including foundation slab of approximately 20' x 20', together with security fencing in consideration of $10 and authorizing Agreement for temporary construction yard BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a Revocable Easement be granted to City of Mathis for use of property at Lake Corpus Christi for the purpose of placement of 150 kw emergency generator including foundation slab of approximately 20'x 20', with security fencing, in consideration of $10. SECTION 2. That the City Manager or designee Corpus Christi Water Chief Operating Officer is authorized to execute the Revocable Easement and other related documents including Temporary License for temporary construction yards. The City Director of Water Systems is authorized to approve monthly extensions of the Temporary License. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary ,SAL C,yryO TEXAS GENERAL LAND OFFICE y COMMISSIONER DAWN BUCKINGHAM, M.D. Q _ R i 1700 N. Congress Ave. •Austin, TX 78701.1495 • 512-463-5339 • FAX. 512475.1415 PRESS RELEASE $38.2 million granted by Texas GLO for historic disaster mitigation projects in San Patricio County Funds to improve drainage and water infrastructure projects for San Patricio County and the City of Mathis FOR IMMEDIATE RELEASE Contact: Brittany Eck May 21, 2021 (512) 463-5708 Brittany.Eck@GLO.Texas.gov AUSTIN — Today Texas Land Commissioner George P. Bush and San Patricio County Judge David Krebs announce the Texas General Land Office (GLO) approved more than $38.2 million in flood mitigation projects to improve drainage and water infrastructure for residents in the majority low-to-moderate income (LMI) area of San Patricio County and the City of Mathis. "San Patricio County, like many coastal Texas counties, has been in great need of improvements to ensure its infrastructure can handle extreme weather events, but has simply lacked access to funding to make those improvements," said Commissioner Bush. "The GLO is proud to work with great partners like San Patricio County and the cities of Mathis, Sinton and Taft, to bring impactful resiliency to vulnerable communities in need. These awards represent positive, generational change for so many communities that have rarely had access to the funding needed to protect their residents." "As we all know too well, Hurricane Harvey left wide swaths of San Patricio County without power, overwhelmed drainage and sanitary sewer systems, and destroyed vital pumping facilities, which made flooding impacts even worse," said San Patricio County Judge David Krebs. "This $38 million in funding from Commissioner George P. Bush and the GLO is a welcomed relief and will go a long way to addressing our County's drainage challenges. With these funds, we will be able to rebuild and improve critical infrastructure, increase our ability to move floodwaters downstream and away from structures, improve sewer lines, and reduce the need for rescue and relief efforts during future flooding events. All of San Patricio County will benefit from this true blessing for years to come. In May 2020, Commissioner George P. Bush announced the kick-off of the application process for the first round of more than $2.3 billion in Community Development Block Grant Mitigation (CDBG-MIT) funds from the U.S. Department of Housing and Urban Development (HUD) to protect Texas communities hit by Hurricane Harvey and severe - 1 - flooding in 2015 and 2016. During the first round, the GLO conducted three competitive application programs from the CDBG-MIT Action Plan. Those programs include: • 2015 Floods State Mitigation Competition — GLO awarded $31,426,781 to four grantees. • 2016 Floods State Mitigation Competition — GLO awarded 21 grantees with $135,462,438. • Hurricane Harvey State Mitigation Competition Round 1 ($1 billion of $2,144,776,720 total) Applications closed for the first round of funding October 28, 2020, and the GLO evaluated all 290 submitted applications in accordance with the HUD approved scoring criteria. Eligible applications with the highest scores were awarded funds. The second round of the competition will award the remaining $1,144,776,720 in mitigation funding to Hurricane Harvey eligible entities. HUD defines mitigation as activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters. HUD requires that at least 50% of total funds must be used for activities benefiting low- to moderate-income (LM I) persons. The State of Texas CDBG Mitigation Action Plan: Building Stronger for a Resilient Future outlines the use of funds, programs, eligible applicants, and eligibility criteria as required by HUD. The plan was sent to HUD on February 3, 2020, after an extraordinary public outreach effort including a 50-day public comment period and eight regional public hearings, far-surpassing HUD requirements. HUD approved the plan March 31, 2020. For more information, lease visit recover .tex s. ov/miti ation. City of Mathis: Citywide Water System Improvements Project - 1522,660,172 LMI Percentage: 67.11% Hurricane Harvey left the city pf Mathis without power, destroyed a portion of the existing raw water pumping facility pier, and rendered the rest of the pier unsafe to be used. In addition, the sanitary sewer system was overwhelmed via Inflow & Infiltration (I&I). This project will increase resiliency to the city of Mathis water treatment plant and provide sanitary sewer improvements to the city's water management. The city of Mathis will demolish and reconstruct the pier for access to two water pumps, emergency generators, and sewer line improvements to mitigate against damage and system failure caused by future flooding events. Improvements to city water supply and sewer lines to mitigate against damage and system failure caused by future flooding events. The city of Mathis will: • Demolish and reconstruct the existing raw water pumping facility pier located on Lake Corpus Christi. • Emergency Generator Improvements: to maintain the supply of water: 1. Install generator on site (shore side) of Lake Corpus Christi Pier to keep raw water pumps operational. 2. Install generator located at the Water Treatment Plant to keep service pumps operational. -2 - • Sanitary Sewer Lines: To improve the efficiency of moving wastewater to the wastewater treatment plant, the existing sanitary sewer line will be removed and replaced for increased capacity. San Patricio County: Channel Outfall Drainage Improvement Project - $15,435,182.60 LMI Percentage: 54.54 % The project will improve drainage in the Taft and Sinton areas. The project area is very susceptible to flooding due to the channel's inadequate capacity. Currently, the existing ditch sections are undersized, and several culvert crossings severely restrict the amount of runoff that can be conveyed into the downstream natural channel. The project will deepen and widen existing outfall channels and ditches, reconstruct bridges and trestles, and harden ditch stretches that are subject to erosion. The improvements will improve the area's capacity to handle future heavy rain events, help minimize public and private losses due to flooding, and reduce the need for rescue and relief efforts. The project consists of the Taft and Sinton sites: Taft Site • Widen and deepen the existing channel for a total of 24,600 LF • Widen the existing railroad crossing adjacent to US Highway 181 • Replace the following bridges: CR 71 bridge, CR 100 bridge, CR 98 bridge, and Pyron Farm Road bridge • Concrete plate the ditch section through Highway 181 to prevent erosion • Concrete plate the bend in channel alignment to prevent erosion Sinton Site • Widen and deepen the existing channel for a total of 18,500 LF • Widen the existing railroad crossing adjacent to US Highway 181 • Concrete plat the ditch section through Highway 181 to prevent erosion • Concrete plate the bend in channel alignment to prevent erosion • Build a new lower water crossing to serve the farming community In order to build the project, two drainage easements, one per site, will be obtained. -3 - REVOCABLE EASEMENT (City of Mathis) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager ) in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by CITY OF MATHIS, TEXAS, whose address is 411 E. San Patricio Avenue Mathis, TX 78368, ("Grantee"), the receipt of which is acknowledged, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said CITY OF MATHIS, the right to relocate, install, operate, repair, replace, and maintain up to one emergency generator not to exceed 19'-6" x 18'-7" and other improvements as described on the attached Exhibit A to be placed as shown on the Revocable Easement Area as described on the attached Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A and B", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home-rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or designee. d) Director means City's Director of Engineering Services or designee. e) Risk Manager means City's Director of Risk Management or designee. f) City Attorney means City's City Attorney or designee. g) Grantee means City of Mathis, Texas. h) Improvements means one 150 kw emergency generator on foundation slab of 19'6" x 187', together with security fencing, all within City property and other improvements as described on attached and incorporated Exhibit A. i) Contractor means Grantee's agent to construct, maintain, replace, Revocable Easement City of Mathis 1 repair, or remove the Improvements. j) Exhibit A and B means the Exhibits, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. A more definitive location description will be furnished upon completion of the construction. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. 1) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Stormwater Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n ) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2-feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of the City inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property upon which the Improvements will be installed, operated, repaired, replaced, and maintained as described on attached and incorporated Exhibit B. The parties acknowledge that the Revocable Easement Area cannot be located Revocable Easement City of Mathis 2 below the 94' contour of Lake Corpus Christi. 2. Construction Standards. All work proposed by Grantee to install, repair, operate, maintain or replace the Improvements will equal or exceed manufacturer specifications and industry standards for same or similar equipment. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies. 4. Generator Securily Fencing and Noise Decibel Limitation. The City of Mathis agrees to install and maintain permanent security fencing around the generator for public safety. The City of Mathis agrees to install and maintain muffled insulation on the generator to prevent unnecessary disturbance of the visitors to the Sunrise Beach area and noise suppression equipment to reduce the sound to 70 decibels or below. The generator will have an overflow or emergency spill catch basis (containment tank). Extra fuel may not be stored on site. In addition, generator should only be exercised once a week at approximately 2:30 p.m. and run for minimum amount of time so as not to disturb visitors at the Sunrise Beach RV Park. The parties acknowledge that the generator cannot be located below the 94' contour of Lake Corpus Christi. 5. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of the terms of this Agreement, or applicable State or Federal laws or regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 6. Improvements Markers. Grantee will place markers at the Improvement bearing Grantee's name and emergency telephone number. 7. Assi nabilit . This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Revocable Easement City of Mathis 3 Grantor's consent to the assignment. B. Construction Drawings &As-Builts. Grantee must provide Director with a set of final construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" TimeWarner - 12" KMC - 12" Wastewater - 18" SWB - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Storm Water - 18" ESPIRE - 12" Caprock - 12" The Grantee must provide the Director with a NNW" size reproducible set of as-built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in termination of Grantee's Revocable Easement. 9. Insurance. The Grantee must not commence work within the Easement area until it and its Contractor have obtained through self-insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit C. The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed, the Grantee must have and maintain Commercial General Liability Insurance through self-insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity requirements of this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an Revocable Easement City of Mathis 4 incident-relating to the Improvements or Grantee's operations hereunder-occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Public Records" under the Texas Public Information Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 10. Indemnity. To the extent permitted by law, Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents") and/or Grantee's contractors' negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing damage to the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' of Grantee's contractors' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 11. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm water, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 12. Abandonment of Improvements. Grantee may leave abandoned Improvements in place unless the Director requires the Grantee to remove the abandoned Improvements to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements. The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, Revocable Easement City of Mathis 5 unless the City in writing accepts a particular facility. If Grantee removes any Improvements, the Grantee shall restore the City property, at the sole cost of the Grantee. 13. General Conditions. a) Recordation. Grantee will record the Revocable Easement at the Office of the County Clerk, San Patricio County Courthouse, and Grantee will provide a recorded copy to Grantor. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Representatives to verify depths and locations before beginning construction or repair work. The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. Revocable Easement City of Mathis 6 ii) Open-Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub-base, and replace with new concrete or asphalt. The pavement repair must consist of 5-inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement must extend over the existing base for a width of 12-inches on either side of trench cut. Subgrade will be trenched with some prime coat MC- 70 at 0.15 gal.lsy. Final backgll shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8-inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3-foot vertical separation; however Grantee must maintain a twelve (12)foot vertical and 5-foot horizontal separation around all water transmission mains. Grantee must properly compact backfll around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. Revocable Easement City of Mathis 7 If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, City Inspector retains the right to and may exercise such right to inspect the construction, maintenance, repair, replacement or relocation of said Improvements. Grantee shall not be charged for such inspections. 0 Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements, Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material on City property except as provided for in separate Memorandum of Understanding and Temporary License between the parties. Grantee's equipment or stock pile of material on private property, temporary construction easement or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. Revocable Easement City of Mathis 8 i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. !) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as-built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, or City purposes. It is mutually understood and agreed that this Agreement, in addition to the separate Temporary License and Memorandum of Understanding, as written, cover all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Revocable Easement City of Mathis 9 Executed this the day of , 2024 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED S TO LEGAL FORM: day of , 2024 By: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by Jeff H. Edmonds, P.E., Director of Engineering Services, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement City of Mathis 10 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement. City of Mathis �.. By: Name: dr,i' "/'s Sr— Title: n THE STATE OF L S § COUNTY OFSa P R.Lr i e"G § This instrument was acknowledged before me this day of G d 2024, by t° r i'c w r as r of City of Mathis, Texas who declared that they executed the same for the purposes therein stated and with proper authority to do so. otary Public, State of Texas ROXANNE R RAMlREZ Notary ID#131323361 My Commission Expires y�os November 2, 2025 Revocable Easement City of Mathis 11 EXHIBIT A [Final description of Improvements to be installed] New 150 kw emergency generator Security Fencing Generator Foundation Slab 19'6" x 187' Foundation for the generator approximately 3-4' depth Revocable Easement C.ty of Mathis 12 EXHIBIT B | �� x \ _ - �"Vcw __ N; sm b , _�Aw oil § % _ \ ? \ ( ! | � , « ! ___P*OPOM___ � § _T_ Sm_ PER § ] ■ TOM"PER � a | £ | __ f | � � � � �= «� � _ § Exhibit �_m�_■ ^ � ._^ | ___�_ _ 1 € . . . . . Revocable City«Mathis 13 EXHIBIT C INSURANCE REQUIREMENTS 1. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is Bodily Injury and Property Damage required on all certificates or by policy Per occurrence- aggregate endorsement COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence (including): $2,000,000 Aggregate I. Commercial Broad Form 2. Premises -- Operations 3. Underground Hazard (if applicable) 4. Products;` Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury:' Advertising Injury UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate Revocable Easement City of Mathis 14 AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired and Non-owned Vehicles POLLUTION LEGAL LIABILITY $5,000,000 Per Claim including; $5,000,000 Aggregate Third Party Remediation WORKERS' COMPENSATION Which Complies With The Texas Workers' All States Endorsement is Required if Not Compensation Act And Paragraph Ii Of Domiciled in Texas This Exhibit EMPLOYERS' LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL RE UIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract. and any extension hereof, at Grantee'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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 Revocable Easement City of Mathis 15 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee'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 agreement. F. in addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Revocable Easement City of Mathis 16 Page 1 of 13 MEMORANDUM OF UNDERTSANDING AND TEMPORARY LICENSE TO CITY OF MATHIS FOR CONTRACTOR LAYDOWN AND PARKING AREAS ON CITY OF CORPUS CHRISTI PROPERTY AT LAKE CORPUS CHRISTI Whereas the City of Corpus Christi entered into a Water Contract with City of Mathis in 1977 amended in 1988. which Water Contract as amended continues today (the Contract), Whereas, Section 1 of the Contract provides in part: "1 Construction of Facilities. Mathis shall construct or cause to be constructed a diversion works, pumps, pipeline, water treatment plant, and/or related appurtenances (hereinafter called "Facilities") to be arranged to permit taking water by Mathis from Lake Corpus Christi. The Facilities shall be in accordance with plans and specifications to be prepared by Mathis, be built in stages as the needs of Mathis may require. with plans and specifications for each stage receiving individual approval by Corpus Christi before the start of construction of that particular stage. Approval by Corpus Christi shall not be unreasonably withheld." Whereas, Section 3 of the Contract provides in part: "3. Right-of-Way and Easements: Corpus Christi shall assign unto Mathis the necessary easements and rights-of-way, together with rights of ingress and egress of, along, and across all lands over which Corpus Christi now has ownership or easement. Such easements and rights of way shall be assigned to Mathis, without cost,for the construction, operation and maintenance of the Facilities." Whereas. the City of Mathis. as part of its Pier Infrastructure and Generator Improvements at Lake Corpus Christi project, TXCDBG Project No. 22-085-032-D275, proposes to improve its Facilities at Lake Corpus Christi as follows: remove the existing steel piles to 4' below surface and abandon in place; remove the existing timber deck pier structure, construct a new prestressed concrete slab. beam and concrete drilled shaft pier. install new 150 kw emergency generator near the fish cleaning station, to include security fence and all related appurtenances; Whereas. the City of Mathis has submitted its plans and specifications for said improvements to the City of Corpus Christi for its review: Now, therefore, this Memorandum of Understanding and Temporary License for Contractor Laydown Areas on City Property ("License") is entered into by the City of Corpus Christi ("City of CC")to the City of Mathis ("City of Mathis") in connection with the City of Mathis Pier Infrastructure and Generator Improvements at Lake Corpus Christi project. TXCDBG Project No. 22-085-032- D275 (the "Project") in accordance with Section 1 and 3 of the Contract. The City of Corpus Christi (City of CC) and the City of Mathis understand and agree to the following terms and conditions. 1. Property The attached and incorporated Exhibit A identifies approximate location of the property requested by City of Mathis for use as the 3 temporary Contractor Laydown Areas and 1 temporary Contractor Parking Area which are located off of the end of Park Road 25 near Wesley Seale Dam and Sunrise Beach Campground RV Park. The 3 Page 2 of 13 temporary Contractor Laydown Areas and the Contractor Parking Area are referred to herein as the "City Property". The City of CC agrees to allow City of Mathis temporary use of the City Property as provided in this License. The parties acknowledge that the Contractor Laydown areas and the Contractor Parking Area cannot be located below the 94' contour of Lake Corpus Christi. The City of Mathis agrees to relocate the temporary Contractor Laydown Areas and/or Contractor Parking Area at its sole cost in the event the Corpus Christi Water Director of Water Systems determines in his sole discretion that such relocation is necessary for the public health and safety. 2. Term.. The term of this License will commence upon date of last signature on a month to month basis not to exceed 12 months in duration past the mobilization date. The City of Mathis will provide the Corpus Christi Water Director of Water Systems or designee with at least two weeks' advance notice prior to the mobilization date and include name and contact information for the Project contractor. The term may be extended by mutual agreement of the parties. The License may be terminated by the City of Corpus Christi upon 30 days advance written notice to City of Mathis in the event the work has not commenced within 3 months from date of last signature. 3. Use. The City of Mathis may utilize the City Property subject to compliance with terms and conditions of this License. The City Property will be used in conjunction with the Project and limited as follows: A. The Contractor Laydown areas will be used by City of Mathis contractor to store materials and equipment B. The Contractor Parking Area will be used for vehicular parking by employees of City of Mathis contractor working on the Project. C. The use of a barge by City of Mathis or its contractor for purposes of accessing the Project work site will be coordinated with the Corpus Christi Director of Water Systems or designee in advance. The barge use will be restricted to the Project's immediate vicinity and/or equipment staging area. The barge if used may not be operated near the dam and must always be secured, except when transporting equipment. 4. Fencing and Reflectors. The City of Mathis or its contractor shall install a security fence around each of the Contractor Laydown Areas for public safety to prohibit unauthorized public entry onto the Contractor Laydown Areas. The City of Mathis shall also install safety reflectors upon the City Property to assist night drivers. The City of Mathis agrees to install and maintain a permanent fence surrounding both the generator and electrical equipment. 5. Review of Plans and Construction Activities. The City of Corpus Christi acknowledges receipt of the proposed plans for the Project and the City of Corpus Christi Director of Water Systems has reviewed said Project plans and has no objections thereto. The City of Mathis shall coordinate with the City of CC Director of Water Systems or designee primarily through City of Mathis' Consultant, LJA Engineering, Inc. all construction activities associated with the Project. Contractor equipment shall bear the company logo for ease of identification. The parties agree to keep in daily communication regarding planned work at the City Property and coordinate schedules to accommodate needs of each party. The City of Mathis will ensure that is contractor's Page 3 of 13 schedule does not interfere with planned construction operations of the City of Corpus Christi which include the following: a. 21116 Wesley Seale Boat Ramp and Pier(Sunrise Beach) (pending regulatory approval). b. 23029 Sunrise Beach Facility Improvements. (Currently at 30%design) 1. Restroom Facility Replacement 2. Restroom Facility Replacement 3. New Basketball Court and Pavilion 6. Temporary Relocated Fish Cleaning Station: The City of Mathis agrees to provide a temporary Fish Cleaning Location including temporary waterline and cover in the general area identified on attached Exhibit A to avoid interference with public use of the current Fish Cleaning station. 7. Damage Repair. The City of Mathis shall promptly repair any damage to any road or other City Property including but not limited to existing roads, rights of way, structures, equipment, or other appurtenances and improvements which is caused by the City of Mathis, its employees, contractor or any subcontractor. Damage must be repaired immediately and at the City of Mathis's sole expense to equal or better than existing conditions. Both the materials used to make the repairs and the manner of the repairs must be approved in advance by the Corpus Christi Water Director of Water Systems. City of Mathis contractor will compile a photographic catalog of existing road conditions prior to construction. Road conditions will be monitored by the parties throughout the Project construction. The Project plans will include details for pavement repair for both the asphaltic roadway surfaces and for the flexible base (caliche) road surfaces. The City of Mathis contractor will enforce roadway repair provisions as required throughout duration of the Project. Any damages caused by the contract to the security gates (entrance or exit) must be repaired by the contractor. 8. Regular Maintenance. The City Property will be kept clean, free of debris and orderly at all times by the City of Mathis. Failure to maintain the City Property will constitute a default of the terms of this License subject to Section 12 Termination. 9. Drainage. Positive drainage on the City Property will be maintained at all times. 10. Property Restoration. After completing the Project or upon termination or expiration of this License, whichever occurs first, the City of Mathis will promptly remove all of its property, materials, debris and equipment from the City Property. The City of Mathis will scrape down the temporary Contractor Laydown Areas and the temporary Contractor Parking Area, including removal of all materials and equipment placed in, on, or under. All of these activities will be completed at sole expense of City of Mathis at Project closeout. In addition, City of Mathis will restore the road to condition existing prior to the effective date of this Agreement or better. If the City of Mathis fails to comply with these requirements, then City may undertake said restorations and City of Mathis and will be invoiced for costs. The City of Mathis agrees to issue payment in full of said invoice within 30 days of submittal. 11. Security. Security and protection of the City of Mathis contractor laydown areas is the sole responsibility of the City of Mathis. The City of CC is not responsible at any time for any theft, loss, vandalism, or other damage to non-City property regardless of cause. Page 4 of 13 12. Termination.This License may be terminated by City of CC at any time with cause upon 10 days advance written notice and opportunity to cure. Upon termination, requirements of Section 7 Damage Repair and Section 10 Property Restoration take effect. 13. Insurance. The City of Mathis will require its Project contractor to maintain and comply with the insurance requirements in the attached Exhibit B. 14. Indemnify Provision to be included in Contract documents. The City of Mathis will include following indemnification as a requirement in the agreement between City of Mathis and its contractor for the Project. A. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City of Corpus Christi as land owner from and against claims, damages, losses and expenses, including but not limited to attorney's fees or dispute resolution costs, arising out of or resulting from performance of the work and/or failure to comply with the terms and conditions of the contract,violations of laws or regulations, or bodily injury, death or destruction of tangible property caused by the acts, omissions or negligence of the Contractor, or its subcontractor, or any of their respective officers, agents, representatives or employees, (hereinafter referred to as "Contractor's Team") regardless of whether such claim, damage, loss or expense is alleged to be caused in part by City of Corpus Christi, or its officers, agents, representatives or employees, subject to the City of Corpus Christi's defenses and liability limits under the Texas Tort Claims Act. However, nothing herein shall be construed to require Contractor to indemnify City of Corpus Christi against a claim, loss, damage or expense caused by the sole negligence of City of Corpus Christi. B. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City of Corpus Christi from and against claims, damages, losses and expenses, including but not limited to attorney's fees or dispute resolution costs, arising out of or relating to: (i) the failure to control, contain, or remove a constituent of concern brought to the site by Contractor's Team or a hazardous condition created by Contractor's Team, (1i) Contractor's Team's action or inaction related to damages, delays, disruptions or interference with the work of City of Corpus Christi's employees, other contractors, or utility owners performing other work at or Page 5 of 13 adjacent to the City of Corpus Christi Property, or (iii) the correction of defective work. Nothing in this paragraph obligates the Contractor to indemnify the Owner from the consequences of the City of Corpus Christi's sole negligence. 15. Generator Design, Location, and Operation. The parties agree to develop a separate license or easement to allow for long-term placement of a generator and foundation slab (approximately 20'x 19')in the general area shown in Exhibit A. The parties acknowledge that the generator cannot be located below the 94' contour of Lake Corpus Christi. The City of Mathis agrees that the generator will have permanent security fencing for public safety. The generator will have muffled insulation to prevent unnecessary disturbance of the visitors to the Sunrise Beach area. The generator will be insulated and equipped with noise suppression equipment to reduce the sound to 70 decibels or below. The generator will have an overflow or emergency spill catch basis (containment tank). Extra fuel must not be stored on City of Corpus Christi property. In addition, generator should only be exercised once a week at approximately 2:30 p.m. and run for minimum amount of time so as not to disturb visitors at the Sunrise Beach RV Park. 16. Sublet.There shall be no sublet nor assignment of this agreement or any portion thereof without the prior written consent of the City Manager for City of CC or designee. 17. Notices.All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, and will be effective three business days after mailing. Notices will be addressed to City and City of Mathis as follows: To City: Corpus Christi Water Director of Water Systems P.O. Box 9277 Corpus Christi, Texas 78469-9277 To City of Mathis: Office of the City Manager 411 E. San Patricio Avenue Mathis, Texas 78368 17. Taxes and Fees. City of Mathis shall pay and discharge all taxes, general and specific assessments, and other charges of any kind levied on or assessed against the Property and all improvements and other property on the Property during the License term, whether belonging to the City or City of Mathis. 18. Laws Affecting Performance. Page 6 of 13 A. The city of Mathis shall ensure that its use of the City Property is in accordance with all applicable Federal, State and local laws, ordinances, rules and regulations. B. The City of Mathis shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits for the Project. C. Furthermore, the City of Mathis shall comply with any other Federal, State and local laws, ordinances, rules and regulations applicable to performance under this License and in construction of the Project. 19. Inspection. Any officer or authorized employee of the City of CC may enter upon the Project site without notice, to determine whether maintenance is provided in accordance with and as required by this License, or for any other purpose incidental to City's retained rights of and in the Property. 20. INDEMNITY. TO THE EXTENT PERMITTED BY TEXAS LAW, CITY OF MATHIS ("INDEMNITOR") COVENANTS TO FULLY. INDEMNIFY, SAVE- AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO ANY PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, PREMISES DEFECTS, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT SUCH INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART: (1) CITY OF MATHIS' PERFORMANCE PURSUANT TO THIS LICENSE; (2) CITY OF MATHIS' USE OF THE PROPERTY AND ANY AND ALL ACTIVITIES ASSOCIATED THEREWITH PURSUANT TO THIS LICENSE; (3)THE VIOLATION BY CITY OF MATHIS, ITS OFFICERS,EMPLOYEES, AGENTS, OR REPRESENTATIVES OR BY INDEMNITEES, OF ANY LAW, RULE, REGULATION, ORDINANCE, OR GOVERNMENT ORDER OF ANY KIND PERTAINING, DIRECTLY OR INDIRECTLY, TO THIS LICENSE; (4) THE EXERCISE OF RIGHTS UNDER THIS LICENSE; OR (5) AN ACT OR OMISSION ON THE PART OF CITY OF MATHIS, ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OR OF INDEMNITEES, PERTAINING TO THIS LICENSE, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. CITY OF MATHIS COVENANTS AND AGREES THAT, IF CITY OF CORPUS CHRISTI 1S MADE A PARTY TO ANY LITIGATION AGAINST CITY OF MATHIS OR IN ANY Page 7 of 13 LITIGATION COMMENCED BY ANY PARTY, RELATING TO THIS LICENSE, CITY OF MATHIS SHALL, UPON RECEIPT OF REASONABLE NOTICE REGARDING COMMENCEMENT OF LITIGATION, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND CITY IN ALL ACTIONS BASED THEREON WITH LEGAL COUNSEL SATISFACTORY TO CITY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND WHATSOEVER ARISING FROM ANY SUCH LITIGATION. This section shall survive termination of this license. 21. Alterations. A. There shall not be any alterations, additions, or improvements to, in, on, or about the Property, without the prior written consent of the City Manager or designee, Executive Director of Utilities. In addition, clearance from the Risk Manager is as required above. B. All approved alterations, improvements, and additions upon the Property, shall, if not removed by at any termination or cancellation of this License, become the property of the City in fee simple without any other action or process of law. The city of Mathis agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed upon termination of this License and shall become property of the City. 22. Signs. No party shall exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Property, or any part thereof, without the prior written approval of the Corpus Christi Water Director of Water Systems ("Director"). 23. Surrender. City of Mathis acknowledges and understands that this License is expressly conditioned on the understanding that the Property must be surrendered, upon the expiration, termination, or cancellation of this License, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where City of Mathis is without fault, excepted.Any reasonable costs incurred for repairs or corrections for which City of Mathis is responsible under this License are payable by City of Mathis to City as additional rental on the next rental payment date, or within thirty(30)days of written demand. Any reasonable costs incurred for repairs or corrections for which is responsible under this License are payable by to City within thirty (30) days of written demand. 24. Enforcement Costs. In the event any legal action or proceeding is undertaken by the City of CC to repossess the City Property, to collect for any damages with regard to this License, or the City Property, or to in any way enforce the provisions of this License, City of Mathis agrees to pay all court costs, expenses, and attorney's fees as a court of competent jurisdiction may adjudge reasonable in said action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City of CC. 25. Entire License, This License constitutes the entire agreement between the City of CC and City of Mathis for the use granted. All other agreements, promises and Page 8 of 13 representations with respect to this License, unless contained in this License, are expressly revoked. The unenforceability, invalidity, or illegality of any provision of the License does not render the other provisions of this License unenforceable, invalid, or illegal. 26. This License Agreement takes effect upon the date of last signature. CITY OF CORPUS CHRISTI BY: Name: Title: Date: Approved as to form: , 2024 Lisa Aguilar Assistant City Attorney For City Attorney City of Mathis By: Name: Cedric W. Davis Sr.. CPM Title: City Manager Date: 09/25/2024 Page 9 of 13 � fit, ie?.lrs-'i f 'r _CA aTE 3 ; c� �—RV GMAT 1� � ti $lid .CONTRACTOR LATDOM t. I'ARu W 9T =+ i r $ CONTRACTOR LAYDOWN) , ARIA 4A4 sY F -AMAOKMATW P%*PC D LOCATION OF.. m f / FOTVRR YWgATOR AND CONCWM A x FAD RY IWARATR COtRiUCT ATRRI TAIRER N£R CONTRACTOR/ARIIiO.'� - a $ MlA 7]T{Y � i 1 ..l#l�It%Bt f a i CONTRACTOR LAY7pMN ' - - fir. ARIA AAs sT a q TWO RAW NFLTER q}¢5 0 hrE y END OF THE CCNCRETE NER Exhibit A Page 10 of 13 EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City of Corpus Christi. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City of Corpus Christi's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City of Corpus Christi's Risk Manager.The City of Corpus Christi must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1. NO Waterborne Exclusions 2. Commercial Broad Form 3. Premises—Operations 4. Products/Completed Operations 5. Contractual Liability 6. Independent Contractors 7. 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 and complies with Part 11 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Including: 1. NO Waterborne Exclusions Page 11 of 13 2. Must Cover Diving Operations; if applicable. PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) Required for Engineering Services If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. POLLUTION LEGAL LIABILITY $1,000,000 Per Claim Including: (Defense costs not included in face value 1. NO Waterborne Exclusions of the policy) 2. Sudden and Accidental Pollution If claims made policy, retro date must be Coverage prior to inception of agreement, have 3. Cleanup and Remediation. extended reporting period provisions and 4. Marine Vessel Pollution identify any limitations regarding who is insured. PROTECTION AND INDEMNITY $1,000,000 Per Occurrence MARINE GENERAL LIABILITY $1,000,000 Per Occurrence RIGGERS' LIABILITY(Crane Operations) $1,000,000 Per Occurrence NO Waterborne Exclusions PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Contractor must furnish the City of Corpus Christi Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company.The coverage must be written on a policy and endorsements approved by theTexas Department of Insurance. The workers'compensation coverage provided must be in statutory Page 12 of 13 amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78459-9277 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 of Corpus Christi and its officers, officials, employees,and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus Christi where the City of Corpus Christi an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City of Corpus Christi; and • Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five(5) calendar days of a cancellation,non-renewal,material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City of Corpus Christi. City of Corpus Christi 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. i F. In addition to any other remedies the City of Corpus Christi 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 of Corpus Christi shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 13 of 13 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2024 Insurance Requirements Exhibit Legal Dept.--Mathis Pier Project MOU—Lake Corpus Christi 08/12/2024 Risk Management—Legal Dept. - Revocable Easement for City of Mathis Emergency Generator at Lake Corpus Christi Nicholas Wlnkelmann, P.E. Director of Water Systems and Support Services Corpus February 11, 2025ChhLWater°° ccws"e, ingg t the Coastal Bend Background City of Mathis has a raw water contract with the City of Corpus Christi. Under the contract, Mathis constructed pumps, pipeline, water treatment plant, and related items to permit taking of water by Mathis from Lake Corpus Christi. Emergency Generator Reconstruction of Raw Water Pumping • City of Mathis awarded Texas GLO grant for historic Facility disaster mitigation projects in San Patricio County • Project also includes reconstruction of existing raw • City of Mathis project includes installation of a backup water pumping facility which is owned and operated by emergency generator located on the shore side of Lake City of Mathis Corpus Christi Pier • To accommodate this portion of the project, City of • The generator allows City of Mathis to keep raw water Mathis has requested use of City of Corpus Christi pumps operational during an electrical outage property as a temporary construction laydown area on a month-to-month basis not to exceed 12 months which • A revocable easement is required to allow installation may be extended by mutual agreement of the parties of the power generation equipment Project Location Location of the emergency generator and temporary construction laydown area is located within Sunrise Beach. 10 If �' r \ POSED LOCATION OF FUWREAPPROXIMATE R AND CONCRETE BOAT RAMP FISH CLEAt�� CONTRACT PROPOSED LOCATION OF FUTURE PIER,GENERATOR r AND CONCRETE PAD - TIMBER PIER 1 CCW-3 Project Security • Generator and associated equipment will be secure and protected by fencing with locked access • The temporary construction area will be clearly identified and secured with temporary fencing during the project • Corpus Christi Water(CCW) personnel will inspect construction areas during the course of the project to ensure public access is prohibited and that there are no safety concerns • City of Mathis and their consulting engineers will keep CCW updated on progress of the project and its expected completion date Staff Recommendation Staff recommends approval of ordinance authorizing a revocable easement on City of Corpus Christi property at Lake Corpus Christi to allow for City of Mathis placement of 150 kw emergency generator and authorizing a temporary license for use of City of Corpus Christi property for temporary construction. CCW-4 Thank you ! Corpus Christi Water- Serving the Coastal Bend so G� 0 v hcuRpuRp1 0 AGENDA MEMORANDUM 1852 First Reading for the City Council Meeting of February 11, 2025 Second Reading for the City Council Meeting of February 18, 2025 DATE: January 14, 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Daniel McCcDcctexas.com (361) 826-7011 Lease Agreement with Upbring Head Start CAPTION: Ordinance authorizing execution of a five-year lease, with 10 one-year mutual renewal options, with Lutheran Social Services of the South, Inc. d/b/a Upbring Head Start for real and personal properties at 1838 Frio Street (Centro de Ninos Head Start Preschool), 1311 7th Street (Miramar Head Start Preschool), 3750 South Port Street (La Armada Head Start Preschool), 1402 West Point Road (Cliff Maus Head Start Preschool), 442 Mohawk (Spirit of Hope Head Start Preschool), 5805 Williams Drive (Gulfway Park Head Start Preschool), 2801 Morris Street (Los Pequenos Head Start Preschool), and 120 Nineteenth Street (Navarro Head Start Preschool) in consideration of Upbring operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties. SUMMARY: This ordinance will authorize the lease of City of Corpus Christi property to Upbring Head Start to operate preschools at eight existing locations. BACKGROUND AND FINDINGS: Head Start is a federal program that provides free early education, health, and nutrition services to low-income children and families. The program is typically run by local organizations and school districts. The City of Corpus Christi owns most of the properties (land and building) where the centers are located, however, the City only owns the personal property, i.e. the building, at La Armada Head Start on Port Avenue, Navarro Head Start on Nineteenth Street, and Cliff Maus Head Start on West Point Road. For the last 20 years, the City has leased properties to the Nueces County Community Action Agency as the operator of the Head Start program. Upbring Head Start was recently awarded the competitive five-year federal award to operate the program in Nueces County. Upbring Head Start has requested the City enter into a five-year lease agreement with 10 one-year mutual renewal options for eight properties owned by the City. The proposed lease would be at no cost on the condition that they continue the operation of the Head Start program serving eligible children of Nueces County, identical to the previous lease agreement with the Nueces County Community Action Agency. Upbring will be responsible for all operating, maintenance, repair, and insurance costs at the facilities. Once leased, Upbring Head Start will fully maintain both the land and structures. Upbring Head Start has operated and managed Head Start programs since 2015 and currently runs preschools across Texas in Bexar, Johnson, Erath, Hood, Wharton, Matagorda, Brazoria, Galveston, Bee, Live Oak, Goliad, and Refugio Counties. ALTERNATIVES: No other alternatives were considered. FISCAL IMPACT: There is no fiscal impact related to this Lease Agreement. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Photos of Upbring Head Start Preschools Company Background Info Ordinance authorizing execution of a five-year lease, with 10 one-year mutual renewal options, with Lutheran Social Services of the South, Inc. d/b/a Upbring Head Start for real and personal properties at 1838 Frio Street (Centro de Ninos Head Start Preschool), 1311 7th Street (Miramar Head Start Preschool), 3750 South Port Street (La Armada Head Start Preschool), 1402 West Point Road (Cliff Maus Head Start Preschool), 442 Mohawk (Spirit of Hope Head Start Preschool), 5805 Williams Drive (Gulfway Park Head Start Preschool), 2801 Morris Street (Los Pequenos Head Start Preschool), and 120 Nineteenth Street (Navarro Head Start Preschool) in consideration of Upbring operating Head Start Programs for eligible citizens of Corpus Christi and maintaining the properties. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1: The City Manager or designee is authorized to execute a five-year lease, with an option to renew for five years, with Lutheran Social Services of the South, Inc. d/b/a Upbring Head Start for real and personal properties at 1838 Frio Street (Centro de Ninos Head Start Preschool), 1311 7th Street (Miramar Head Start Preschool), 3750 South Port Street (La Armada Head Start Preschool), 1402 West Point Road (Cliff Maus Head Start Preschool), 442 Mohawk (Zavala Head Start Preschool), 5805 Williams Drive (Gulfway Park Head Start Preschool), 2801 Morris Street (Los Pequenos Head Start Preschool), and 120 Nineteenth Street (Navarro Head Start Preschool), in consideration of Upbring operating Head Start programs for eligible citizens of Corpus Christi and maintaining the properties. Section 2: A copy of the executed lease shall be filed in the office of the City Secretary. Introduced and voted on the day of 12025. PASSED and APPROVED on the day of 12025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Lease Agreement with Lutheran Social Services of the South, Inc. d/b/a Upbring Head Start This lease agreement(the"Lease") is entered into this the day of , 2025 ("Effective Date") between the City of Corpus Christi, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized representative, the City Manager or designee ("City Manager"), and Lutheran Social Services of the South, Inc. d/b/a Upbring Head Start, a Texas nonprofit corporation, ("UPBRING"), acting through its duly authorized representative. 1. Term. The term of this Lease is five years, beginning on January 1, 2025 ("Commencement Date"), and ending on December 31, 2029 ("Expiration Date"), unless terminated sooner or extended as provided in this Lease. So long as Tenant is not in default of any terms of this Lease beyond all applicable notice and cure periods, the Term of this Agreement may be extended upon mutual agreement by CITY and UPBRING for up to ten (10) additional one (1)year terms (each, a"Renewal Term"); with the option requiring UPBRING to provide at least one (1) month prior written notice before the then expiration of the Lease, or Renewal Term, as applicable, to properly extend the term of the Lease. The initial lease term and any renewal terms exercised by UPBRING hereunder shall be collectively referred to herein as the "term of the Lease". 2. Property. The CITY does hereby lease, let, and demise to UPBRING the following properties located in Corpus Christi, Nueces County, Texas: (a) Real and personal property including two (2) portable buildings located at Lot 1, Block 9, Three Fountains Unit#1, an addition to the City of Corpus Christi, also known as Centro De Ninos, 1838 Frio Street; (b) Real and personal property, including one (1) portable building located at Lots 20 and 22, Block 2, Booty and Allen, an addition to the City of Corpus Christi, also known as Miramar 1311 7th Street; (c) Personal property consisting of two (2) portable buildings located at 3750 South Port Street (Housing Authority of Corpus Christi La Armada Unit); (d) Personal property consisting of four (4) portable buildings located at 1402 West Point Road (Housing Authority of Corpus Christi Cliff Maus Unit); (e) Real property and all Improvements located at Lot 12, Block 23, Meadow Park, an addition to the City of Corpus Christi, also known as Spirit of Hope/Zavala 442 Mohawk; and (f) Real property, described as Lot 1, Block 9, Gulfway-Airline Park, Unit 1, an addition to the City of Corpus Christi, also known as Gulfway Park 5805 Williams Drive; (g) Real property and all Improvements located at Lots 1 through 12, Block 11, Steele, an addition to the City of Corpus Christi, also known as Los Pequenos 2801 Morris Street; and (h) Real and personal property, described as 26,550 square feet of land on the Southwest corner of Colonia Casa Blanca, Blocks 1 through 4, an addition to the City of Corpus Christi, also known as Navarro 120 Nineteenth Street. Such real and personal property is to be referred to as "Property" herein. UPBRING shall maintain the Property and all improvements it places on the Property in good and safe condition during the Lease Term. The term "Facilities" shall collectively include the Property and improvements thereon. 3. Inspection of Property and Right to Terminate. Beginning on the Effective Date and ending at 11:59 p.m. CST on the day that is sixty (60) days after the Effective Date (the "Inspection Period"), UPBRING and UPBRING's engineers, architects, employees, agents, contractors, subcontractors, and representatives ("Upbrin2's Agents") will conduct such investigations, tests and studies of any and all aspects of the Facilities, including, without limitation, physical inspections, engineering and economic feasibility studies, soil tests, 1 structural tests, topographical surveys and environmental assessments as UPBRING may require in UPBRING's sole and absolute discretion, with CITY agreeing to reasonably cooperate with UPBRING to facilitate all such activities. UPBRING further agrees to provide CITY with copies of any inspection or test report received by UPBRING. If UPBRING determines for any reason or for no reason that the Facilities is unacceptable to UPBRING in any respect, in UPBRING's sole and absolute discretion, then UPBRING may elect to terminate the Lease as to one or more of the properties detailed in Section 2 by sending CITY notice thereof (the "Inspection Period Termination Notice")prior to 11:59 p.m. CST on the last day of the Inspection Period and the parties shall have no further rights or obligations hereunder. For clarification purposes,UPRING may terminate the Lease as to one or more of the properties detailed in Section 2 but retain the Lease as to the other properties. 4. Improvements. Per Texas Government Code §2252.909, UPBRING must include in each contract for the construction, alteration, or repair of an improvement to the Facilities that costs more than$50,000,a condition that the contractor must execute a payment bond that conforms to Subchapter I, Chapter 53, Property Code and a performance bond equal to the amount of the contract. UPBRING must provide the City Manager with a notice of commencement at least 90 days prior to the start of construction that costs more than $50,000. Notice of commencement under this section must: (a) identify the public property where the work will be performed; (b) describe the work to be performed; (c) state the total cost of the work to be performed; (d) include copies of the performance and payment bonds required herein; and (e) include a written acknowledgment signed by the contractor stating that copies of the required performance and payment bonds will be provided to all subcontractors not later than the fifth day after the date a subcontract is executed. UPBRING shall not make any permanent, material alterations to the Facilities in excess of $50,000 without CITY's prior written consent, which consent will not be unreasonably withheld, conditioned, or delayed. On or before the loth day after the date the CITY receives a notice of commencement for the construction, alteration, or repair of an improvement to the Facilities required under this section,the CITY may notify UPBRING that the construction, alteration, or repair may not proceed. If CITY provides such notice, then UPBRING will revise its plans and specifications to address CITY's comments to the fullest extent possible. Upon such revision, UPBRING will resubmit the plans and specifications for CITY's review and reasonable approval. If CITY fails to provide comments or respond to the plans and specifications (or the revised plans and specifications, if applicable) within the ten (10) day time period, then the plans will be deemed to be approved for any and all purposes. Notwithstanding the foregoing,UPBRING may, following ten (10) days' prior written notice to CITY, make the following alterations without prior consent from CITY: (i) installation of UPBRING's trade fixtures, furniture, and equipment; (ii) non-structural alterations, additions, or improvements in the Property that are decorative or cosmetic in nature (such as repainting, recarpeting, reflooring, hanging wall coverings, installing low-voltage wiring that does not affect the electrical system of the Facilities, hanging pictures, light-weight shelving, and installing cubicles or partitions); or (iii) permanent, material alterations that are $50,000 or less. Notwithstanding anything to the contrary herein, if UPBRING is performing maintenance obligations and/or rights under Section 5, then the terms of this Section 3 do not apply to such matters. UPBRING may place portable buildings ("Improvements") on the real property identified above in compliance with all federal, state, and local laws. If UPBRING wishes to erect a permanent building or buildings on the real property identified above, UPBRING must obtain prior written permission from the City Manager to erect a permanent building, which consent will not be unreasonably withheld, conditioned, or delayed. All plans and specifications must be approved by the City Engineer and must be in compliance with all federal, state, and local laws. 2 5. Consideration and Purpose. The consideration for this Lease is that UPBRING must use the Facilities to provide Head Start Programs to eligible citizens of Corpus Christi and any incidental and related purposes thereto. Such uses shall always be in accordance with all local, state, and federal requirements and laws. Furthermore,UPBRING may use the Facilities for any other lawful purpose that is previously approved in writing by CITY, with such approval not to be unreasonably withheld, conditioned, or delayed. 6. Maintenance. During the Term of this Lease, UPBRING will maintain, at its sole expense, the exterior and interior of the Facilities and any other improvements constructed on the real property leased herein,including without limitation, all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all lawn, vegetation, and landscaping. Maintenance shall be of such quality as to maintain the Facilities in a good and broom clean condition, normal wear and tear and casualty excepted. UPBRING shall obtain, at its own expense, all building permits, all utility services, garbage collection,janitorial services, and similar services. 7. UPBRING Responsibilities: UPBRING must: (a) Pay for installing,maintaining, and using all its utilities, including,but not limited to,water,sewer, sanitation, electricity, natural gas, and telephone. (b) Comply with all applicable Federal, State,and local laws,regulations, and ordinances, as amended. (c) Ensure that no pollutant, effluent, liquid or solid waste material, litter, trash, or garbage is issued from the Facilities or in the vicinity of the Facilities. UPBRING must regularly police the vicinity of the Facilities for such materials and clean up and remove such materials to maintain the cleanliness and attractiveness of the City. (d) Regularly inspect and maintain firefighting systems and equipment in the highest degree of readiness and regularly conduct regular training for employees in fire prevention and emergency procedures. (e) Pay all operating expenses incurred by UPBRING in connection with its business operations. (f) Pay all ad valorem taxes,which may be assessed against the Facilities,associated with UPBRING's use of the Facilities prior to their past due date. (g) It is specifically agreed that if any permit of any type is required by any federal agency or entity at any time,UPBRING shall obtain such permit and comply with its terms. If UPBRING is unable to or fails to obtain and comply with any such permit, this Lease terminates 60 days after the written notice by CITY to UPBRING of termination of this Lease under this provision. (h) Furnish and equip the Facilities. The CITY has no obligation to furnish any equipment or furnishings for UPBRING. All personal property furnished by UPBRING or donated by others on behalf of UPBRING will remain the property of UPBRING unless specifically donated to the CITY. 8. Ownership and Condition Upon Termination. Upon expiration or prior termination of this Lease for any reason, UPBRING shall surrender the Facilities in good condition,reasonable wear and tear and loss by fire or other casualty excepted,shall surrender all keys for the Facilities to CITY and shall inform CITY of all combinations on locks, safes, and vaults, if any, in the Facilities. All Improvements on the Property must be removed by UPBRING within 120 days or become the property of the CITY. UPBRING shall,by the termination date of this Lease, remove all machines and equipment which are installed and can be removed without material damage to the Facilities, and other articles of personal property owned by UPBRING and not affixed to the Facilities in any manner. UPBRING shall, at its sole expense, repair any damage to the Facilities caused by the installation or removal of any furniture, equipment, alterations or additions removed by UPBRING and restore the Facilities to as reasonably close a condition as received. 9. Relationship. This Lease establishes a Landlord/Tenant relationship and none other. In performing this Lease, both CITY and UPBRING will act in an individual capacity and not as agents, employees, partners,joint venturers, or associates of one another. The employees or agents of either party must not be, nor be construed to 3 be, the employees or agents of the other party for any purpose whatsoever. 10. Cancellation. This Lease, in whole or in part, may be canceled by either party if the parry canceling has given the other party at least forty-five (45) days prior written notice of the date of cancellation, and the parties shall have no further rights or obligations hereunder. UPBRING SHALL NOT BE REQUIRED TO VACATE—OR BE LOCKED OUT OF—THE FACILITIES PRIOR TO THE CONCLUSION OF A FISCAL YEAR OR SCHOOL YEAR. For clarification purposes, either party may terminate the Lease as to one or more of the properties detailed in Section 2 but retain the Lease as to the other properties. 11. Assignment or sublease.UPBRING may assign this Lease with the City Council's prior written consent, which will not be unreasonably withheld, conditioned, or delayed. Any attempted assignment without the prior written consent of the City Council renders this Lease void. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. Each provision,term,covenant, obligation, and condition required to be performed by UPBRING must be binding upon any assignee and is partial consideration for CITY's consent to the assignment. Any failure of the assignee to strictly comply with each provision, term, covenant, obligation, and condition herein may render this Lease null and void. 12. Sanitation. UPBRING must store garbage and trash outside the Facilities. All garbage or trash must be stored in dumpster-type containers. Such containers must be housed inside a small building, screened, or appropriately landscaped area, all at UPBRING expense. The garbage container area must be landscaped and maintained by UPBRING. UPBRING must obtain garbage pickup no less than twice per week. Nothing must be stored outside either the dumpster itself or the dumpster housing. 13. Non-discrimination. UPBRING is responsible for its employees' fair and just treatment. UPBRING warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, or national origin. Violation of this provision is grounds for the CITY to immediately terminate this Lease. 14. Inspection. CITY personnel may enter the Facilities, including the Improvements, at all reasonable times (i.e. after head start program hours so as to minimize the number of students present during any such access) to inspect or enforce this Lease but (i) the CITY must comply with all of UPBRING's visitor policies and campus procedures, (ii) at no time shall such entry or right of inspection interfere with UPBRING's operations, (iii) UPBRING will have the right to provide a representative of UPBRING to accompany any entry by the CITY, and (iv) the CITY must comply with requirements of law and UPBRING's rules or requirements for safety and security. CITY personnel may enter the Facilities for purposes of any fire or police action at any time. 15. Contractual Liability. CITY contractually agrees to be responsible for any and all costs, fees, and expenses related to any damage to UPBRING's property or injury to any person on or at the Facilities attributable to CITY inspections identified in Section 14 above. 16. Independent Contractor. UPBRING is an independent contractor under the Lease. UPBRING must employ sufficient employees to operate the Head Start Program, which employees are solely employed by UPBRING. 17. Termination. CITY and UPBRING may terminate this Lease if the other fails to comply with a provision, term,covenant, obligation, or condition of the Lease and fails or refuses to cure the default within thirty (30) days after receiving written notice of the default; provided, however, if the failure cannot reasonably be cured within thirty (30) days, the other party shall not be in default if that party commences to cure the default within such thirty (30) day period and thereafter diligently and in good faith proceeds to cure the default within a reasonable 4 time thereafter. Each of the CITY and UPBRING's remedies provided in this Lease are cumulative and in addition to any remedies now or hereafter allowed by law. No delay or omission in the exercise of any right or remedy of either party shall impair such right or remedy or be construed as a waiver of such breach or waiver of the further breach of the same covenant or condition. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, UPBRING SHALL NOT BE REQUIRED TO VACATE—OR BE LOCKED OUT OF—THE PROPERTY PRIOR TO THE CONCLUSION OF A FISCAL YEAR OR SCHOOL YEAR. 18. Holding Over. If UPBRING,without CITY's prior consent, remains in possession of the Facilities after expiration or termination of this Lease, such possession by UPBRING shall be deemed to be a month-to-month tenancy terminable by not less than thirty (30) days written notice at any given time by either party; provided, however, the earliest this Lease may terminate under this provision is forty-five (45) days after the expiration of the head start program calendar year then in effect. All provisions of this Lease shall apply to the month-to-month tenancy. 19. CITY's Representations: As an inducement to UPBRING to enter into this Lease (with UPBRING relying upon such warranties, covenants and representations), CITY warrants, covenants and represents to UPBRING, as of the Effective Date, that: (a) CITY has full legal right, authority and sufficient title to enter into this Lease and to perform its obligations in the manner and upon the terms and conditions set forth herein and to grant the estate herein demised. This Lease has been duly authorized by requisite action and is enforceable against CITY in accordance with its terms. (b) There are no pending(A) special assessments(i.e.,governmental, administrative or private) or(B) condemnation, eminent domain or similar proceeding affecting the Facilities or any portion thereof, and CITY has no actual knowledge that any such proceeding is contemplated, threatened, or pending. CITY is not prosecuting any appeals of any taxes or assessments affecting the Facilities. Furthermore, if an assessment or similar matter occurs that is related to a time prior to the Commencement Date, then CITY hereby stipulates and agrees to pay, and shall be solely responsible for, any such assessment levied against the Property. (c) There are no violations of any applicable federal, state, county or municipal law, ordinance, order, regulation or requirement, applicable to or affecting any portion of the Facilities. Furthermore, CITY hereby stipulates and agrees to (a) notify UPBRING in writing of any such violation promptly upon CITY's acquiring knowledge of same (but in no event later than forty-eight(48)hours after CITY obtains knowledge of same) and (b) cure any such violation immediately upon obtaining knowledge of same. (d) Neither CITY nor, to the best of CITY's actual knowledge, a previous owner or tenant of the Facilities has ever, generated, stored or disposed of any hazardous substances at or on the Facilities. (e) There are no restrictive covenants, use restrictions, exclusive use rights or other covenants or restrictions affecting the Facilities that are in effect which prohibit the use of the Facilities for its Head Start Program, and during the Term of the Lease CITY agrees not to execute or otherwise agree to any document or agreement that affects the Head Start Program or UPBRING's quiet enjoyment of the Facilities in any manner whatsoever. (f) There are no attachments, executions, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or pursuant to any other debtor relief laws contemplated or filed by CITY or pending against CITY or otherwise related to the Facilities. 5 (g) Other than existing loans on the property, CITY is the sole owner of the Property and has good, indefeasible and insurable title to the Property and no other person or entity has any claim, right, title, interest or lien of any kind in, to or on said Property, including, without limitation, any tenancy or other right of use, possession or occupancy of the Property. (h) There are no pending actions, suits, arbitrations, claims, investigations or any other proceedings of any type against or affecting the Facilities or CITY's ability to enter into or perform its obligations under the Lease and none are threatened. CITY is not currently involved in any dispute with any governmental agency, or any agents or contractors of CITY that affect the Facilities. No judgments, orders,writs, injunctions or decrees of any court or governmental agency have been entered against CITY that affect the Facilities and that have not been satisfied or released. No attachments, execution proceedings, assignments for the benefit of creditors,insolvency, bankruptcy, reorganization or other similar proceedings are pending or, to the best of CITY's knowledge, threatened, against CITY or the Facilities. (i) CITY and its employees, contractors and agents shall conduct any construction, demolition and/or other work, maintenance or repair on the Facilities in a good and workmanlike manner throughout the term of the Lease. 20. Modifications. No changes or modifications to the Lease may be made,nor any provision waived,unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 21. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default will not be construed to be a waiver of any subsequent breach,nor may the failure to require full compliance with the Lease be construed as changing the terms of the Lease or estopping the parties from enforcing the terms of the Lease. 22. Notice and addresses. All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3)by deposit with an overnight express delivery service; or(4) email communication at: If to the CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn: City Manager If to the UPBRING: Upbring Head Start Attn: Dr. Andrew Benscoter 8305 Cross Park Drive Austin, Texas 78754 Email: andrew.benscoter&upbring.org With a copy to: Schulman, Lopez,Hoffer&Adelstein, LLP Attention: Jason Adelstein 845 Proton Road San Antonio, Texas 78258 6 Email: Jadelstein@slh-law.com Notice deposited with the United States Postal Service in the manner described above is deemed effective on the third day after deposit.Notice by telegram or overnight express delivery service is deemed effective one business day after transmission to the telegraph company or overnight express carrier. 23. Insurance. UPBRING must provide insurance in the amounts and types of coverages required by the CITY's Director of Risk Management or designee("Risk Manager"), a copy of which is attached and incorporated as "Exhibit A." UPBRING's insurance company(ies) must provide the Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease,which shows the level and type of insurance. UPBRING insurance company(ies)must provide the City Manager and Risk Manager 30 days' notice, by certified mail,prior to cancellation, non-renewal, or material change in the insurance policy(ies). The Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decrease the level or types of insurance by giving UPBRING notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. UPBRING has 30 days to procure the changed insurance and provide written proof of insurance to the City Manager and the Risk Manager. UPBRING cannot begin operation under this Lease until it provides a certificate(s) of insurance for all required insurance to the Director. 24. INDEMNITY. To the extent permitted by Texas law, UPBRING agrees to indemnify and hold CITY, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, solely and directly, by gross negligence or willful misconduct on the part of UPBRING or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Facilities pursuant to this Lease with the expressed or implied invitation or permission of UPBRING, or when any such injury or damage is solely and directly the result, of the violation by Indemnitees, UPBRING, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the Improvements located on the Property herein or out of the use or occupancy of the Improvements to the Property or the Facilities itself by Indemnitees, UPBRING, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective unless such damage or injury is attributable to the acts or omissions of Indemnitees, but not if such damage or injury results from gross negligence or willful misconduct or Indemnitees. UPBRING covenants and agrees that if CITY is made a party to any litigation against UPBRING or in any litigation commenced by any party other than UPBRING relating to this Lease, UPBRING shall defend CITY upon receipt of reasonable notice regarding the commencement of such litigation. 25. Disclosure of Interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Recipient shall complete the City's Disclosure of Interests form, which is attached to this Lease as "Exhibit B", the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in 7 this Lease. UPBRING agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office if required. For more information and to determine if you need to file a Form CIQ,please review the information on the City Secretary's website at hiip://www.cctexas.com/govemment/ iw- secretary/conflict-disclosure/index. 26. Certificate of Interested Parties. UPBRING agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease. Form 1295 must be electronically filed with the Texas Ethics Commission at hiips://www.ethics.state.tx.us/filinginfo/1295/. The form must then be printed, signed, notarized, and filed with the CITY at the time Upbring submits the signed lease to the city. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/filinginfo/1295/. 27. Taxes. UPBRING must pay all taxes and all other licenses and fees required to operate and maintain operations which UPBRING's use of the Facilities causes to be assessed against the Property, personal property and trade fixtures placed by UPBRING in the Facilities appurtenant thereto prior to the due date. If any such taxes are levied against CITY or CITY's Property due to UPBRING's occupancy, CITY shall notify UPBRING within fourteen (14) business days of notice of such assessment so that UPBRING can assert any exemptions for which it may qualify. Failure to pay or provide proof of payment is grounds to terminate this Lease. At UPBRING's sole election and expense, UPBRING may apply for a tax exemption in connection with its exclusive use and occupancy of the Facilities related to this Lease(the"Leasehold Tax Exemption"). CITY agrees to cooperate with UPBRING in obtaining property tax exemptions for the Facilities, including, without limitation, entering into amendments to the Lease. 28. No Warranty of Suitability. CITY makes no warranty or representation of any kind concerning the condition of the Facilities or its fitness or suitability for the use intended by UPBRING and disclaims any warranty of suitability that may otherwise have arisen by operation of law. CITY does not warrant that there are no latent defects in the Facilities that are vital to UPBRING's use of the Facilities for their intended commercial purpose and that these essential facilities will remain in a suitable condition. UPBRING accepts and leases the Facilities "as is,"whether suitable or not, and waives the implied warranty of suitability. 29. Quiet Enjoyment. CITY represents, covenants, and agrees that UPBRING, upon performance of all covenants and agreements herein required to be performed by UPBRING, shall at all times during the term of the Lease peacefully and quietly hold and enjoy the Facilities without interruption. 30. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 31. Entire Agreement. This document and the exhibits attached constitute the entire agreement between the CITY and UPBRING. All other agreements, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document and the exhibits attached hereto,the terms, conditions,promises, and covenants relating to UPBRING's operation and the demised Facilities to be used in the conduct of the enterprise. The unenforceability,invalidity, or illegality of any provision of this agreement shall not render the other provisions unenforceable, invalid, or illegal. (Signatures on the following page) 8 EXECUTED this—17 day of January ,2025, by the authorized representatives of the parties. UPBRING: Lutheran Social ices of South, Inc. d/b/a Upbring Head Start, a Texas nonprofit corporation Dr. Andrew nscoter, of Education & Growth Officer CITY: City of Corpus Christi Peter Zanoni, City Manager APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney 9 EXHIBIT A INSURANCE REQUIREMENTS I. UPBRING'S LIABILITY INSURANCE A. UPBRING must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. UPBRING must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. UPBRING must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Facilities—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury PERSONAL PROPERTY INSURANCE UPBRING, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this agreement, UPBRING must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, UPBRING 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 UPBRING will be promptly met. B. UPBRING shall obtain and maintain in full force and effect for the duration of this Lease, and any extension hereof, at UPBRING'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. UPBRING 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. UPBRING shall pay any costs incurred 10 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. UPBRING 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, its officers and officials 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 • To the extent the insurance provider will provide,provide thirty(30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, UPBRING shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend UPBRING'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 UPBRING'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 UPBRING to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to UPBRING hereunder until UPBRING demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which UPBRING may be held responsible for payments of damages to persons or property resulting from UPBRING's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that UPBRING'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. 2024 Insurance Requirements Exhibit Lease Agreement with Upbring(UPBRING)for Head Start Programs - GL—Personal Property 12/10/2024 Risk Management—Legal Dept. 11 EXHIBIT B CITY OF CORPUS CHRISTI - DISCLOSURE OF INTEREST Corpus Christi Code Sec 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." COMPANY NAME: MAILING ADDRESS: CITY: ZIP: FIRM is: 1. Corporation ( ) 2. Partnership( ) 3. Sole Owner( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach a separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3%or more of the ownership in the above-named 'firm." Name Job Title and City Department(if known) 2. State the names of each'official'of the City of Corpus Christi having an'ownership interest'constituting 3%or more of the ownership in the above-named 'firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest' constituting 3%or more of the ownership in the above-named 'firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest' constituting 3%or more of the ownership in the above named 'firm." Name Consultant CERTIFICATE: I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: 12 i rr a ■ An a5� 120 N 191h/ Navarro Place 442 Mohawk/Spirit of Hope-Zavala 1311 7th St. / Miramar 1402 West Point Rd. / Cliff Maus o 1838 Frio /Centro de Ninos 2801 Morris St. / Los Pequenos YY �.. ri i> A w '" a 3750 S. Port Ave./ La Armada 5805 Williams/ Gulfway Park heft Odom Upbring r Head Preschool Education plays a critical N•••a• N so role in every child's success. 0 0 0GO Upbring Head Start Preschool ' """ """' ' e . . . ... . . . .a0 N •:••:•: s• : :..••0 sets your child up for a bright �• .: • N• •••.0••• • •••: •0 N N • ••• •.• ••.•• •••• • future by providing a safe, " "' so " " •N so so o N ••::•N ••N:••�• •• inclusive place in which to9 N•"�: . •: N. •••• • •••••• N learn, grow and thrive. Upbring.org/HeadStart " Upbring r Head Start Preschool Upbring Head Start Preschool helps prepare your child to enter kindergarten ready to succeed. We also offer support services to families that enable your child's continued growth. provides more insight and allows them to determine the type of support Free to Eligible Families that teachers need as it relates to how to work with children who present Upbring Head Start Preschool is free to eligible families.We with social and emotional challenges.The Mental Health Consultants also welcome children ages infant to five years old,including checks in with staff and provide resources to ensure staff are prioritizing children with special needs,in an inclusive setting.And every their mental health and wellbeing.Additionally,Mental Health Consultants child receives nutritious meals and snacks each day work with children in the classroom(upon parental consent).The Mental Health Consultants attends parent and family engagement meetings to Eligibility and Enrollment connect with parents and families and hear the ways in which they can assist parents with any social emotional needs they have questions on Upbring Head Start is a program for low-income families that helps regarding how their child behaves in the community or at home.Lastly, children prepare for school.We use a criteria selection system and the Mental Health Consultants work collaboratively with parents by categorically eligible factors to determine acceptance into the program. providing insight into early childhood behaviors and social/emotional Upbring assigns a family an advocate who will answer your questions, development,as well as how to access additional mental health resources help with the next steps,and make sure we deliver the support you need. and support for their child(ren)or themselves in the community. Family Support Services Public School Partnerships We can connect your family with job placement resources,parenting Upbring Head Start Preschool partners with public schools to help skills training,medical,dental,and mental health services,and other provide additional support to preschool programs.These Partnerships support that would benefit your family.Upbring Staff will take a strength- play a crucial role in providing high-quality early childhood education based perspective with families and focus on empowerment.Family and support services to young learners.These partnerships enable Advocates will help facilitate and organize family engagement activities school districts to extend their resources and expertise to enhance and other parent workshops to help parents be their child's first teacher. the educational experiences of preschool children,ensuring they are Family Advocates will provide year-round case management services well-prepared for kindergarten and beyond.By partnering,Upbring to ensure families receive the necessary support to be successful. Head Start Preschool and school districts can share best practices, curriculum resources,and professional development opportunities, Health & Safety Services fostering a seamless transition for children as they move from early childhood settings into formal schooling.These partnerships Medical and dental health is vital to your child's success.We'll work with strengthen community ties and promote family engagement,ultimately you to make sure your child receives regular medical and dental check-ups contributing to improved outcomes for children and their families. and connect you to free or affordable resources.We make getting the care your child needs a priority.Hearing and vision screenings are conducted Special Programs to ensure all children are up to date on state health requirements. We provide clean and safe environments for children's learning. Special education services are governed by the Individuals with Disabilities Act(IDEA)and regulations outlined by the Texas Education School Readiness Agency(TEA).Upbring is committed to providing a Free and Appropriate Public Education(FAPE)to ensure all students with disabilities School readiness is foundational across early childhood systems and can access,participate in,and thrive in early learning settings. programs.It means children are ready for school,families are ready to support their children's learning,and schools are ready for children. Upbring's Special Programs Department works in partnership with Local Head Start views school readiness as children possessing the skills, Education Agencies(LEA)to identify,locate,and evaluate all children who knowledge,and attitudes necessary for success in school and for later may need special education services. Special Programs Specialists(SPS) learning and life.Physical,cognitive,social and emotional development actively support Head Start classrooms by developing and maintaining are all essential ingredients of school readiness.Managers,teaching strong relationships with LEAs and Early Childhood Intervention(ECI)to staff,caregivers,family advocates and families can learn more about guarantee children's and family's needs,program goals,and objectives creating enriching and supportive learning environments for young are being met. In addition,SPS supports teachers in implementing children ages birth to five at upbring.org/SchoolReadiness. inclusive practices in classrooms to meet the needs of students requiring additional support. Special Programs Specialists assist parents with the Mental Health Services LEA referral process if a disability is suspected,ensuring that students receive appropriate evaluations and services tailored to their needs. Mental Health Consultative services are provided by Mental Health Consultants who adhere to the Office of Head Start Program Standards. The Mental Health Consultants conduct classroom observations which Upbring.org/HeadStart ()/UpbringOrg ,W1QA@Upbring0rg UpbringOrg 0 I a v „aR,aa„Eo AGENDA MEMORANDUM zs52 Public Hearing/First Reading for the City Council Meeting of February 11, 2025 Second Reading for the City Council Meeting of February 18, 2025 DATE: January 13, 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Dan ielMc(c�cctexas.com (361) 826-7011 Annexation & Rezoning for Anil C. Patel and Vandana A. Patel (Padma Estates) CAPTION: Ordinance annexing and rezoning land owned by Anil C. and Vandana A. Patel for the Padma Estates subdivision, a 19.2-acre tract located along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd) per owner petition; approving the related service plan; adding the annexed area to City Council District 5; and rezoning the 19.2 acres from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; providing for a penalty not to exceed $2,000 and publication. SUMMARY: Upon petition by the landowners, Anil C. and Vandana A. Patel, this ordinance will annex the proposed Padma Estates single-family subdivision located along FM 2444 between CR 41 and CR 42 in the London ISD school boundaries, and it will rezone the property to "RS-22" Single-Family 22 District for the creation of 21 single-family lots. Staff recommends approval of the annexation and rezoning. BACKGROUND AND FINDINGS: Description of the Request The landowners, Anil C. and Vandana A. Patel, submitted plans for a new single-family development located along FM 2444/South Staples Street between CR 41 and CR 43. The new development, called Padma Estates, is located outside city limits but is contiguous with the current city limit line, which was extended along FM 2444 in 2022. The landowners requested City annexation to secure City services for their development. Description of the Proposed Developments Upon annexation, the default zoning district for the newly annexed lands "FR" Farm- Rural District, which requires a minimum lot size of five acres, however, the Patels requested the rezoning of their property to the "RS-22" Single-Family 22 District, which permits lots with a minimum size of/2 acre. Padma Estates will be developed with 21 single-family lots on approximately 19 acres of land. The subdivision will have one entrance from FM 2444. The developer estimates the sales price of each dwelling unit would range from $480,000 to $650,000 with one larger lot reserved at two acres and valued closer to $1,000,000. City Services to Subject Property The City provides services to nearby neighborhoods. The petitioning landowner has agreed to a Municipal Service Plan for the proposed Padma Estates. Padma Estates is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction, and will receive City water utility services from existing water lines in the area. No wastewater line is available in the area and the builder will provide each residential lot with a septic system. The City will provide street maintenance services for newly constructed roads within the subdivision. FM 2444 is a TxDOT-owned and maintained road. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. Compliance with City Annexation Guidelines The City will evaluate property owner-initiated requests for annexation based on criteria stated in the Annexation Guidelines. The proposed annexation meets the following criteria: Criteria 1. To protect public health and safety by: c. Preventing unregulated development in areas that: (i.) will have an adverse impact on adjacent areas within the City. Criteria 2. To provide municipal services to: a. Residential, commercial, and industrial land uses that would benefit from a level of service calibrated for a city rather than an unincorporated area. Criteria 3. Where property location is in: b. Areas contiguous to the City limit for which dense urban or suburban development activity is anticipated. Criteria 5. Based on economic and fiscal impacts: c. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. d. Annexation to ensure that areas benefiting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. e. (i.) An owner-initiated application for single-family residential development is unlikely to prove a positive fiscal impact and a fiscal impact analysis should not be used exclusively to evaluate an annexation. Therefore, other criteria should factor into the decision to annex. ALTERNATIVES: The land could remain outside city limits (OCL) and the City could offer the landowner an OCL water and wastewater contract for services, however, doing so would not be consistent with recent policy decisions and would not generate city tax revenue for an area that already benefits from existing City services. Therefore, this alternative is not a recommended course of action. FISCAL IMPACT: Departments indicated they could absorb the cost of providing services to the proposed development within current budgets. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. Staff and Planning Commission recommend approval of the requested rezoning. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Municipal Service Plan, Property Descriptions) Landowner's Petition for Annexation Zoning Report Presentation Ordinance annexing and rezoning land owned by Anil C. and Vandana A. Patel for the Padma Estates subdivision, a 19.2-acre tract located along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd) per owner petition; approving the related service plan; adding the annexed area to City Council District 5; and rezoning the 19.2 acres from the "FR" Farm Rural District to the "RS-22" Single- Family 22 District; providing for a penalty not to exceed $2,000 and publication. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements have been made pursuant to Texas Local Government Code §43.016; WHEREAS, June 4, 2024, the landowners, Anil C. Patel and Vandana A. Patel, signed a petition requesting annexation of 19.2027 acres of land described as the west '/2 of the northeast '/4 of Section 30, Laureles Farm Tracts (Tax ID 4250-0030-0152) for the proposed Padma Estates subdivision ("Subject Property"); WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into a Municipal Service Plan Agreement with the owner of land in the area for the provision of services in the area to be annexed; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, Texas, following the publication of notice of the hearing in a newspaper of general circulation in Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined land and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, the City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, the City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, the City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. WHEREAS, the area being annexed has no residence and is contiguous to City Council District 5; Page 1 of 3 WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the Subject Property; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning 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 Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the property 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 foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. A 19.2027-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, generally along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd), is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on 19.2027 acres, as described in Exhibit "A" and shown in Exhibit "B," from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. SECTION 5. 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 6. 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. Page 2of3 SECTION 7. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION B. 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 9. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. The City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 12. The City Secretary is hereby directed to file a certified copy of this ordinance with the County Clerk of Nueces County, Texas. SECTION 13. The boundary of the existing Single-Member Council District #5 for the City of Corpus Christi is hereby amended to add the areas annexed described by Exhibit A and illustrated in Exhibit B. SECTION 14. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of ,ATTEST , 2025. Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 3 Exhibit A STATE OF TEXAS 19.2027 ACRES NUECES COUNTY EXHIBIT"A" Field Note Description for 19.2027 acres(836,467.8 square feet), out of called 20.808 acres out of the west one half(1/2) of the northeast one quarter(1/4) of Section 30, Laureles Farm Tracts, as recorded in Volume 3, Page 15, Map Records Nueces County,Texas, Official Public Records Nueces County,Texas (O.P.R.N.C.T.), the said 19.2027 acres(836,467.8 square feet), being more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation (TXDOT) Monument found on the existing north Right-of-Way(R.O.W.) of Farm to Market(F.M.) 2444, (110 foot R.O.W.), as conveyed to the State of Texas in Volume 578, Page 287, Deed Records Nueces County,Texas (D.R.N.C.T.), same point being on the common boundary of the west one half(1/2) of the northeast one quarter(1/4) of the said Section 30 and the east one half(1/2) of the northeast one quarter (1/4) of the said Section 30,for the southwest corner of a called 77.577 acre tract, as conveyed to Nueces Real Estate Partnership in Document No. 2004037243, O.P.R.N.C.T.,for the southeast corner and the "POINT OF BEGINNING"of the herein described 19.2027 acre tract; THENCE South 89°11'38"West, along and with the common boundary of the existing north R.O.W. of the said F.M. 2444, also known as Staples Street, and the herein described 19.2027 acres, at 90.42 feet passing a TXDOT Monument found, in all a distance of 879.73 feet to a TXDOT Monument found for the northeast corner of a called 0.809 acre tract, as conveyed to the State of Texas in Document No. 2014024608, O.P.R.N.C.T., same point being the southeast corner of a called 66.49 acres, as conveyed to Mostaghasi Investment Trust in Document No. 2023015900, O.P.R.N.C.T.,for the southwest corner of the herein described 19.2027 acre tract; THENCE North 00°51'21" West, along and with the common boundary of called 66.49 acres (Mostaghasi Investment Trust tract), and the herein described 19.2027 acres, a distance of 950.48 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGINEERING", found for an internal corner of the called 66.49 acres (Mostaghasi Investments Trust tract), for the northwest corner of the herein described 19.2027 acre tract; THENCE North 89°10'04" East, along and with the common boundary of called 66.49 acres (Mostaghasi Investment Trust tract), and the herein described 19.2027 acres, a distance of 880.00 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGINEERING", found on the west boundary of the called 77.577 acres (Nueces Real Estate tract), for the northeast corner of the herein described 19.2027 acre tract; THENCE South 00°50'22" East, along and with the common boundary of the called 77.577 acres (Nueces Real Estate tract) and the herein described 19.2027 acres, a distance of 950.88 feet,to the"POINT OF BEGINNING"and containing within these metes& bounds 19.2027 acres (836,467.8 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Zone 4205, NAD 83). 1 hereby certify that the foregoing legal description was prepared from survey performed on the ground under my supervision and it correctly represents the facts found at the time of the survey. C� 's re i` F » MQt V,4� ..... . . {+ Xavier Sandoval 58 ,' ftr 1 ,Pa Registered Professional Land Surveyor , ''» E License No. 5886 State of Texas 01 U , Exhibit B GK7 EEWJNG5 AND ART,,NCE5 AD P.EFERENC`_D-0-1ETA8 5 COORDINA-E 5YST_N..dAD53, M05TAGHA51 INVE5TMENT TRUST 50JTH ZON'_42C5. CALLED 66.49 ACRES, 0 P.R.N.C.T.-CFICIAL FILBUC DECODER NJEC-5 COLNTY.s'A5. DOG NO.20230 1 5900, . 1,'NHCL_NI, DE50235 NUECES COUVY,TEXAS. O.P.K,N.GT. DR 1,C.T.-RED BECORJ5 dAC5 COJNTY TEXA5. PL-DENOTES P20111TY LINE, _V_IRO.SOD FOLND bTYP_. PROPERTY AOYfFC fO-E) 5/8"IMF THE SLEJECT PRONCTY 1, ACCES5 TO f`DE'J A F,BLIR ROD,YY URBAN CAP X X THEPE AR ID RSIBIP EN RO' 1NEVT CRO RIAF YC OF lP<VfRlE T5IX EPTA5 N 89'10'04" E 880.00' 5/B"1'� St1C rl URBAN CAP THFT IAY$�YlSTIIJ LTIUTI[5 e IP[UI E NOT HC JI O J T J5F TH TE"s ONECA L 5Y5T 1 1O LOCH"E PDJJN 5 ETOP�PERPJPJ4 J-5CA Y 0 J ON THR P7pP R HU]'E EA581 I.ORG). NIFS50THERN'I5E V0"E7.AIIAN,] ATIONOI`Ul-A557,;—O�TITL'1NAS NOT PERFORM'D B"TJ[SIGN VG SJRVYORTO DH-RMINr INHCH IKSZUMSJT5,`AN',,AREA=ECiNGTH5 x X PROPERTY ANIL .4 VA A ATEL, TH155LR EYISBEINC RC ID I5DI-LYFORTPEL ECE JKRE1T AKiEs AHDADI V5 GALLED I. E THECRI Hk IGJ�SLRF f L E .DO PRE SED OR111Pi D CFIJ Fn5E B COfTE7 OGNO 06 TOCOPY H 7 SUK IEY AlIEIT JCE �a J C[55AKYIII 01 LJC£IC1O 1TFE RI INA- TRYNSA TRANSACTION. fD IS UIIiUDTO X;6 DTJ 15FRONTF',D TEa Id15 „R1 Y NLLRGH R D,ED Ej JCC 1 a&2014 ® NUEGES REALE5TATE M05TAG'-IA5I INVESTMENT TRUST PARTNER511IP LP, CALLED GG.49 ACKE5, CALLED 77.577 ACKE5 19,2027 ACKE5 DOC.NO.2004037243, DOC.NO.2023015900, 83C,4G7,5 50.FEET O.F.K.N.C.T. AE OF T O.P.R.N.C.T, NIL A VANDANDAA PATEL,CALLED 18 ACKE5, OUT OF W/2 OF PI 5EC.30,DOC,NO. 2012 1 00940G,O.F,R.N,GT. nwLR sANoovAL .....: 55886 /STI, NR-D'e0EESADNAL 7WD ALP,E'05 HCEbFr0.5&.5T VPTE j xX r x x 1 x,nERSc IDx xL RE-Ior RED FKo e�cN L I�ouR�--r R�PTR,As co REEr -R11 s 7 T REPRE'EN xa 1 cR ND eLRVEv 20 . 0 150 300 4 x RFYRP-E IDE<P RSL'ER 5101;IIATHP 3IH YD.5-PET I E R 24. SURVEY OF 9.2027 ACRES(83G4G7.5 SQ.FEET),AS ONVEYED TO ANIL C t VANDANDAA PATEL,W/2 OF NE/4,SEC. "POINT OF BEGINNING" 7TXDOT 1J S 89'11 38"W 879.73' TXDOT MON. 90,42 TXDOT MON.OE OF 201 2 1 009406,O.P.R.N.C.T. 30,DOC NO. NUEG`5 COUN Y SURVEYING & MAPPING cnurJ o a 0 57a,Pe.zn�. aAN c T. xDs T 5� d PROVSD: DyTE (I I O'TxDOT KIG-T-OF-WA y _ SERV!ll CES SCP,LE.: PRO_ECT NO.: 5--c I = .5C' c.1 i� 24-I 0' L 7 Exhibit C MUNICIPAL SERVICE PLAN AGREEMENT FOR A 19.2027 ACRE TRACT OF LAND, OUT OF CALLED 20.808 ACRES OUT OF THE WEST ONE HALF OF THE NORTHEAST ONE QUARTER OF SECTION 30, LAURELES FARM TRACTS. This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and Anil C. Patel and Vandana A. Patel ("Landowner"), both of which may be referred to herein singularly as"Party"or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 19.2027 acres of land situated in Nueces County, Texas, as specifically described and attached as Exhibit: A and survey in Exhibit B ("Subject Property"'), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Gode §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable considerations for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the, listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, `rHEREFf_a[-,& , in consideration of the IYIutual covenants contained herein, tho Parties hereto agree as follows: 1 Section 1. Recitals The Parties herato acknowledge and agree that the foregoing recitals are hereby found to be true and corroct and are hereby adopted by the Parties and made a part hereof for all I-murposes. Section 2. Services to be Provided The following service: list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the SUbjert Proporty as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: .services to be Provided. The Corpus Christi Police Department ((_.*.G1PD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. ( ) Frnergerrcy medical Sevvice: Services to be Provided. The Corpus Christi Fire DepartrYrent will provide emergency medical services. (4) Solid baste Collection: Services to be Provided: After the effective date of annexation, the, City of Corpus Christi will provide solid waste: services to single-family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses an(] multi-family residences is available on a sub:u.:ription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-farnily apartrrrents, and commercial and indUstdal Pstablishments. (6)!dater Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("C:CN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the 2 Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies, and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point-of-use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be 3 rraaintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public:, in which rase the City will be the operator. (9) Operation and Maintenance of Parks, Playgrounds avid Swimming Fools: Currently, there are tic)public recreational facilities in the annexation area including parks, playgrounds, car swirnrning pools. Any park that may be unclear the responsibility of the County will be maintained by tho City only upon the dedic:.ation of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide rn ainteri ance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently, there arc: no such other publicly owned facilities, buildings, or services, identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City de;partrnent will provide maintenance services. (` 1) Planning) and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are: scakrrnitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in ra legal manner-may continue in accordance with Texas Loral Government Code §43.002. (12) Other municipal Services: City recreational facilities, including parks and library, will be available for- use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners :and residents. City residents receive program preference for some City programs. Excluding etas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court, and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. capital Irm1arovernqnts. No additional capital improvements are necessary at this time: to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Larrdc:awner will be responsible for the development costs the same as a developer in ca similarly situated area under the 'r ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (`I) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Tested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. 5 Section 6. Effective Terra The term of this Agreement (the "Terre") is tern (10) years from the Effective Date. This ngreeinerrt is effective upcari exca(.uticm by the. City. Soction 7. Pearce Ma eur4 In case; ref;in er nerciency, sucl i as force: rrrcijoUR-) CIS tl rat tcNrna is d finf:d in this Agroerrront, in which the City is forced to tomporarily divert its personnel and resources away from the annexation area for hun-aanitariean purposes or protection of the c:Ienercal public:, the City obligates itself to take:�iII re a:-,onable rrion sures to restore services to the annexation area of the level described in this Agreement as soon as possible::. Force MajOuro shall include, but not be: limited to, acts of t-jod, acts of the, public: Frierny, war, blockages, insurrection, riots, Hpidelflics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, and restraint of clovernrnerrt, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force MajOUre for purposes of this Agreement. Section q. Eectal Cogf>Lructicm. If any provision in this Agreement is for any reason found to be unenforceable, to the extnnt the unenfor•ceability does not destroy the basics of the bargain among tYus parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the rrnenforceable provision had rreve:r been a prart of the Agreement. 1Maenever c.;ontext re:cicrire:cs, the singular will include thf: plural and riouter include the mci Udine, or ferninine gender, and vice v(-rsa. Headings on this Agreement are for reference only and are not intended to restrict or define: the text of any suction. This Agreement will riot be construed mare or less favorably botwoon tyro Partiea by reason of authorship or origin of len giv.-i te. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in ra written instrument that is E?xe:cuted by both the City Inc! the landowner or handowrrfars rafter it has been authorized by the City Council. Section 'ICI. Meet of Future Laws. No subsequent change in tllf) law regarding annexation shall affect the errforcerability of this Agreement. Section 11. !Venue and Applicable Law. Venue for this Agreement shall be in Nuoces County, Texas. This Agreement sh::all be construed under and in saccordaric.:e with the laws of the. St.:ate of'Texas. Section 12. C ounterrari�, This Agreement may be executed in any r cumber of counterparts with the sarne effect as if all signatory Parties had signed the sarne document. All counterparts will be construed t0getl701' EMId will constitute One and the sarne instrumer it. 6 Section `i 3. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 114. 13inding Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER •4 �. �.; By' By. P er Zano r, Anil C. Patel City Manager Date: Date: By: Vandana A. Patel Date. 1 APPROVED Au TO FORM: By: Buck Brice Dopiity City Attorney For tho city Attorney 8 Exhibit A vA,L & I E XQ� :v2wl RRE'. 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Lv "f• !L �r j clko`MAE w e,v: UKWLY"d is M cm.1hi s Arkmwe v ym pi mnurl W. KIM;WOO,L.YA: 1. for*,!, I::!I.,- I:--- of 11 -e�jnj,:- j:ij.. INEN CE Nadh 00 ..1, oc,v _.a t: t -',-.---undary of R"".4 <Lrt. hzisl lr%v-. w M 1 wn uw t n Q lil-s.r,-,li dt:1.,- .2 L :1 t:.r--e,i Q: L 0 j qr A j"2 AN Li'.._ %L t Wh L fww'. W M P L arr a;c I ku OR&bb 45 u US pintahat Mu An 0 M 1 wE v ad th no t in wt Cr:r"K,F tit:'We%3 0 W b V j M M I OM:ttPM THENCE 4 c n n FU 2 W"Lot v 4 A,m i A ..'t -U T COV"110 4 MM Qq LA;N&d 1b AU VVL'. p :c,n,. fwu z°,,d tic 1wrort ceowleo 25.2021 wev a rlvto-ca J MW 191:'1 V'M 1- L,'(-" LIE SAN' b-N'-'j fir.."C U"t�'C'616'i A,L'ju:d.n;Vt—. L;d"--,J 'L'uh!W415 NKi t-:1!1-Ur All A of th;.. auc 1'..Cl; RMUCE SM11"V" S 02"US(Phi q 01 �W 11 Ln I:1"D1 Y-U 1 IV L'M I IN& i Mi: VAL:, j%jl:Do 091 Y VAL mQ aml to W011 J0015C. .1062 1 .:d tok "KIIIJ --. -l:- tontainivi:wkl, -i 1• i 00 d! �50.0,1Y auca IMAMF squMe MCQ of wn Inint. :I 'u-.'. I1.1i .-r..-uj-:edcoi v!n.v- PueN I,. aQdu' Kw&";.'IT Qni dvscdpVe- us aw-ed tam nowny puk"wd WhMe &ow a"d 1 fC .-Ij !11C t:11 C -ell V,L: ....... L;ClJr L M L 0 S U U.00 St Z 1 L U f 1 C a JV Exhibit B rn L Li 2LIJ rn st I wo 4'1 10 LEA"FEA OF PETITION RE: Voluntary AnneNation Request De,w City'Council, As the ox-vners of the below-referenced property, we would like the City of Corpus Christi to consider our request for annexation. The property in question is located at Farm Road 2444 (S. Staples), Corpus Christi, TX 78415 with legal description as the west !/fz of the northeast 1/4 of section 30, Laurel" Farm Tracts (Tax ID 4250-0030-0152). The property is currently undeveloped. The size of the tract is 19.20 acres. The reason for this annexation request is to connect to City of Corpus Christi water services for a residential development with 21 residential lots. Owners as listed on Deed are ANIL C.PATEL and VANDANA A.PATEL. Any additional information may be obtained by contacting owner Anil C.Patel at 361-765-9224 or owner's representative Carlos Montalvo,PNT with International Consulting Engineers at 361- 826-5805. Sincerely, Dr. AMA C. Patel Vandana r —PatelV OVV,,� Owner Owner 129ieL 06-04-24 Date: 06-04-24 rl(—)5EPOALILM emp Jntgrn&Iij2naI--Co , jjIjj.ngjT ngj=KSQMerIS Represep 0")-0 -24 ZONING REPORT CASE ZN8299 Applicant & Subject Property District: 5 (Upon Annexation) Owner: Anil C. Patel and Vandana A. Patel Applicant: Anil C. Patel and Vandana A. Patel Address: 648 FM 2444 (Farm-to-Market Road 2444, also known as Staples Street), located along the north side of FM 2444, or Staples Street, and west of CR 41 (County Road 41). Legal Description: A portion of the W/2 of the NE/4 of Section 30. Laureless Farm Tracts, as submitted by Metes and Bounds. Acreage of Subject Property: 19.2 acres. Refer to Attachment (A) Metes and Bounds. Zoning Request From: "FR" Farm Rural District (Upon Annexation) To: "RS-22" Single-Family 22 District Purpose of Request: To allow a low-density single-family residential subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "OCL" Vacant Medium-Density Residential, Outside City Limits Commercial "OCL" North Outside City Limits Vacant Low-Density Residential South "OCL" Transportation (FM 2444), Transportation (FM 2444), Outside City Limits Agricultural Commercial East "OCL" Agricultural Medium-Density Residential, Outside City Limits Commercial "OCL" Low-Density Residential, West Outside City Limits Vacant Commercial Plat Status: The subject property is not platted. A final plat, attached to the subject amendment request, was approved on November 16, 2022, by the Planning Commission. A rezoning must precede the recording of the land subdivision action. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: The subject property is outside the City's limits. Transportation and Circulation Designation Section Proposed Section Existing FM 2444 (Farm-to-Market "AY Primary Arterial 130-Foot ROW 100-Foot ROW Road 2444/ Divided 6 Lanes, 4 Lanes, Staples Street) I I Median Center Turn Lane Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: None within reasonable access. Utilities Gas: No line exists adjacent to the property. Stormwater: No line exists adjacent to the property. Wastewater: No line exists adjacent to the property. Water: An 8-inch PVC (Public Distribution) line exists along the north side of FM-2444 (Farm-to- Market Road 2444/Staples Street). 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 London ADP (Adopted on March 17, 2020). Water Master Plan: The subject property is outside the City's master plan area. Wastewater Master Plan: The subject property is outside the City's master plan area. Stormwater Master Plan: The subject property is outside the City's master plan area. Roadway Master Plan: The subject property is outside the City's master plan area. Public Notification Number of Notices Mailed 11 within a 200-foot notification area 0 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 owners) Public Hearing Schedule Planning Commission Hearing Date: November 13, 2024 City Council 1st Reading/Public Hearing Date: February 11, 2025 City Council 2nd Reading Date: February 18, 2025 Background: The subject property is a 19.2-acre, vacant and undeveloped, tract out of the unincorporated London area, south and west of the Oso Creek, along the north side of FM-2444 (Farm-to-Market Road 2444), which is also known as South Staples Street within the City's limits. The surrounding properties are outside the City's limits. The properties to the north and west are vacant, and those to the east, and south of the subject property and FM-2444, have an agricultural use. The applicant is requesting an amendment from the "FR" Farm Rural District to be granted upon annexation, to accommodate a low-density residential subdivision of approximately 21 lots. The "RS- 22" Single Family 22 Residential District permits single-family detached houses, group homes, and limited public and civic uses. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: 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, locational needs, and characteristics of each use. ■ Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. London ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the London ADP; however, is not consistent with the FLUM designation of Medium-Density Residential and 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 City's comprehensive plan; while inconsistent with the future land use designation of medium-density residential on the interior, with commercial use along FM-2444, it generally agrees with the envisioned character by the London community. • The subject request is compatible to the character and will not have an adverse impact on the surrounding neighborhood. • The subject property is suitable for the uses to be permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation: After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, Planning Commission and Staff Recommend approval of the change of zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit STATE OF TEXAS 19.2027 ACRES NUECES COUNTY EXHIBIT"A" Field Note Description for 19.2027 acres(836,467.8 square feet),out of called 20.808 acres out of the west one half(1/2)of the northeast one quarter(1/4)of Section 30,Laureles Farm Tracts, as recorded in Volume 3,Page 15,Map Records Nueces County,Texas,Official Public Records Nueces County,Texas(O.P.R.N.C.T.),the said 19.2027 acres(836,467.8 square feet),being more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation(TXDOT)Monument found on the existing north Right-of-Way(R.O.W.)of Farm to Market(F.M.)2444,(110 foot R.O.W.),as conveyed to the State of Texas in Volume 578,Page 287,Deed Records Nueces County,Texas(D.R.N.C.T.), same point being on the common boundary of the west one half(1/2)of the northeast one quarter(1/4)of the said Section 30 and the east one half(1/2)of the northeast one quarter (1/4)of the said Section 30,for the southwest corner of a called 77.577 acre tract,as conveyed to Nueces Real Estate Partnership in Document No.2004037243,O.P.R.N.C.T.,for the southeast corner and the"POINT OF BEGINNING"of the herein described 19.2027 acre tract; THENCE South 89'11'38"West,along and with the common boundary of the existing north R.O.W.of the said F.M.2444,also known as Staples Street,and the herein described 19.2027 acres,at 90.42 feet passing a TXDOT Monument found,in all a distance of 879.73 feet to a TXDOT Monument found for the northeast corner of a called 0.809 acre tract,as conveyed to the State of Texas in Document No.2014024609,O.P.R.N.C.T.,same point being the southeast corner of a called 66.49 acres,as conveyed to Mostaghasi Investment Trust in Document No. 2023015900,O.P.R.N.C.T.,for the southwest corner of the herein described 19.2027 acre tract; THENCE North 00°51'21"West,along and with the common boundary of called 66.49 acres (Mostaghasi Investment Trust tract),and the herein described 19.2027 acres,a distance of 950.48 feet to a 5/8 inch iron rod with red plastic cap stamped"URBAN ENGINEERING",found for an internal corner of the called 66.49 acres(Mostaghasi Investments Trust tract),for the northwest corner of the herein described 19.2027 acre tract; THENCE North 89°10'04"East,along and with the common boundary of called 66.49 acres (Mostaghasi Investment Trust tract),and the herein described 19.2027 acres,a distance of 880.00 feet to a 5/8 inch iron rod with red plastic cap stamped"URBAN ENGINEERING",found on the west boundary of the called 77.577 acres(Nueces Real Estate tract),for the northeast corner of the herein described 19.2027 acre tract; THENCE South 00`50'22"East,along and with the common boundary of the called 77.577 acres (Nueces Real Estate tract)and the herein described 19.2027 acres, a distance of 950.88 feet,to the"POINT OF BEGINNING"and containing within these metes&bounds 19.2027 acres (836,467.8 square feet)of land,more or less. (All bearings are based on The Texas State Plane Coordinate System,South Zone 4205,NAD 83). 1 hereby certify that the foregoing legal description was prepared from survey performed on the ground under my supervision and it correctly represents the facts found at the time of the survey. p sT€ I � U ,. X vier Sandoval 'Sty C��$F. Registered Professional Land Surveyor License No.5886 State of Texas ig z /1 E4m �ho...7iy-'�,, o � `�.'*� �� �zoF' �:✓a � Qyo`+0 ��o Ui c\� +I✓�'�-+ =us ?? �� 04 �s U=�r - u� Zul N ��C •3 UbK G� p o 7N TO 4 z��U WQo©p w n� II S 00'50'22" E 950.88, F d I � w O Z O P M�j Or w p Z x w wvQF o� N1�dz� � G S 4N ZOpO �¢pdr 4 d n I � � O w zi f N 0951.21" 950.Q, O ' N � O F p F •o t u } ¢ E z � �. �p�Q rJ HUOp O � i I d �d 7d _ (B) Existing Zoning and Notice Area Map HYACINTH DR 10 11 12 13 14 15 16 � SUBJEC-T Ln 2 PROPERTY 3 a 4 1 FM 2444 FM 7 6 5 $ CASE: ZN8299 Zoning and notice Area WE RM-1 Multfamily l IL Ughl Industrial RM-2 MIf—ily 2 IH Heavy Industrial M R -3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Singie-Family 10 MAT Multifamily AT RSA Singka-Family6 CNA Nelghborlwod Commercial RSA.5 single-Family 6.5 CN-2 Neighborhood Co mm emial RS-TF T—Family CR-1 Resod Commercial RS-15 5ingle-Family 15 CR-2 Assort Commercial RE Residential Estate CGt General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Irnanalve Commercial RV Recreational Vehicle Park CDD Dowmown Commercial RMH Manuractured Home CR-3 Resort Commercial FIR Farm Rural H H SUBJECT BP Business Park PROPERTY 1/❑''n' Su6jar Proxrly Owrers f ,gh,CYO r O'h— — — 4 O Ha heAN.200h.Icdr X;,,D-- CitV of Fsri,HERE — a qra C4PLIS LOCATION MAP C h -, Padma Estates Annexation and Rezoning Public Hearing and First Reading Ordinance City Council Presentation February 11, 2025 Location N ��I Annexation Area —— f MEN N.TS IITE /■ ®: d�■ I \mi_� ��?0 ■ 2 Padma Estates Master Plan -- -- --- - ---- - -- -- -- -- �--- -mod------ Padma Estates Subdivision: -- -- ❖ 19 acres ❖ Rezone to RS-22 Single- ` Family ❖ 21 dwellings units TIN ❖ Mostly 1/2 acre lots " 1 N : ❖ One stormwater detention ''ll lot ❖ Unit Price Range:$480k to $650k Ile FM 2444/S Staples St 3 .gyus cr �o o� v acanroeaZ 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 11, 2025 Second Reading for the City Council Meeting of February 18, 2025 Date: January 17, 2025 To: Peter Zanoni, City Manager From: Michael Dice, Development Services Department Michaeld3@cctexas.com (361) 826-3596 Rezoning for a property at or near 3501 De Zevala Street CAPTION: Zoning Case No. ZN8398, Mandel Family Homes, LLC (District 5). Ordinance rezoning a property at or near 3501 De Zavala Street from the "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, 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 single-family subdivision, proposing 45 dwelling units. BACKGROUND AND FINDINGS: The subject property is a 6.6-acre tract out of the Heritage Crossing Estates Unit 1, an "RS-6" zoned residential subdivision, platted in October 2017. It is located along the east side of Cimarron Boulevard, an "Al" Class Minor Arterial, along the west side of Kleberg Boulevard, and the south side of De Zevala Street, both classified as "Local' residential roads. The surrounding properties to the north are zoned "RS-6" Single-Family 6 District with Low-Density Residential and Public/Semi-Public uses, with some vacant. Those to the south are zoned "FR" Farm Rural District and "RS-6" Single-Family 6 District, with some vacant parcels, and others with public/semi-public uses; and those to the east are zoned "RS-6" Single-Family 6 District, with low-density residential uses, and some vacant. The properties to the west of the subject property and Cimarron Boulevard are zoned "FR" Farm Rural District, "RS-6" Single-Family 6 District, and "RM-1" Multi-Family District, with Public/Semi-Public, and Low-Density Residential uses. The applicant is requesting a change of zoning to accommodate a residential subdivision with the following deviations to diversify the single-family housing price range in the city's subject area: The development is situated in a family-oriented area with nearby schools and an average home price of 300,000 dollars. Develo ment Standards Deviations UDC 4.3.3 "RS-4.5" "RS-4.5/PUD" Unified Development Code Standard Deviations Minimum Lot Area (Square Feet) 4,500 4,200 Minimum Lot Width Feet 45 40 Notes: Items in bold deviate from the Unified Development Code established under UDC Section 4.3.3. Residential Development Standards. Subdivision Design Standards Deviations (UDC Section 8.2.1.13) Local Street Section Type L1 F: Unified Development Code Standard PUD Deviations Planting/Utility Area 7 0 Street Section Width BC 22 28* Bump Out 6 0 Required Sidewalk Width 4 5 Required Sidewalk No Yes Notes: *Street width to remain 28 Feet back-of-curb to back-of-curb. The "RS-4.5" Single-Family 4.5 District permits single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The planned unit development overlay may permit new or innovative concepts in land utilization, master-planned communities, or mixed-use developments that other zoning districts do not easily accommodate; it may also provide site-specific compatibility standards. While greater flexibility is given to allow special conditions or restrictions that would not otherwise enable development to occur, procedures are established to ensure against misuse of increased flexibility. The proposed amendment is consistent with the City of Corpus Christi Comprehensive Plan and the Future Land Use designation of medium-density residential. The uses to be permitted by the planned unit development plan are suitable for the subject property, compatible with the present zoning and conforming uses of nearby property, and in keeping with the character of the surrounding area. It will not negatively impact the surrounding neighborhood. During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D.), limitations on hours of operations with certain site features (UDC §7.2.7.B.1.a), and visual barriers such as landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.B). Public Input Process: Number of Notices Mailed: 35 Notices were mailed within the 200-foot notification area, and 5 Outside the notification area. As of January 17, 2025 In Favor In Opposition 1 inside notification area 2 inside notification area 0 outside notification area 0 outside notification area A total of 2.91% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the zoning change from "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION (December 11, 2024): Planning Commission and Staff recommend approval of the change of zoning from the. "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. Vote Results For: 9 Against: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8398, Mandel Family Homes, LLC (District 5). Ordinance rezoning a property at or near 3501 De Zevala Street, from the "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; 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 Lot 66, Block 1, Heritage Crossing Estates Unit 1, as shown in Exhibit "A", from: "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development. The subject property is located at or near 3501 De Zevala Street. Exhibit A, a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that 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 , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 6 EXHIBIT A i RS-6 % RM-1 V k(fi�Rc� &Y, ;T PR.f3.PER• RS r FR CASE:P PROPERTY 98 SUBJECT ZONING Sukect Propeny A•, Aprbrum.a,,..am,« n, w a.�:n A-sA ApuFn[m 1FwfF D'm+e, F1 L-ON D— A4 Ap—a,q,r DIFYY! F9 waryi.+auafu:Dnvn FB FeNase+al ClSS.a Ufptpe PIA FynnBC Wn DerfY�+F^' AT Aprmiwn.Faroe b,cwt ROA, G Fa"D—.pbnt�c 0-f R.'11tbMppC 6vf�efs Owas! R-96 V rbm rD�fpRp Dfp't' B"A HngMulinod BusFwas Depvm R•SC�F—Y D. v Mrt 0-2 eftl B 0,.wva Du R-7 wmpft 0 - Ds - B•2A 9anwr lYwa Buse,.0 ih.vict RA D,r Fairilr EE/wbp Disx 0-3 8—D4xe qE OFFgrYyEslwhfa+se SUBJECT B-0 9wwN&xwx bi.tr,ex T.TamswF 0-0,D..— PROPERTY 0-S PrvswY'9w�slf D, Sp "K S P~ . B-0 Pians�r MM..Co•s bulks T•tA. Tr Tali Psi Dams r BD Co C� 8e Dr Dal 7-11, M- --.mmf PArf.DOprx (.I[i'l1t {STi.HERE Fs FirnuRuralDana r.Ic �— w.R.s eaerM i'taipu LOCASTIOIY MAP He ' "-C "s'" afs r ["hri.ti P�ffFwAppn Page 3 of 6 EXHIBIT B Heritage Crossing P.U.D. Summary DEVELOPMENT DESCRIPTION Mandel Family Homes, LLC proposes to develop the Heritage Crossing Planned Unit Development (PUD)on a vacant tract of land located north of the intersection of Cimarron Boulevard and Kleberg Boulevard.The proposed development will consist of 44 single-family lots. PROPERTY AND ADJOINING LAND USE AND ZONING The property is currently vacant undeveloped property.The current zoning is RS-6.The requested zoning is RS-4.5 PUD. To the west of the property is the Cimarron Blvd.The property to the north,northeast,and east of the property is fully developed single family residential subdivisions,coned RS-6.The property to the south is a fully developed CC1SD High School Campus(Veterans Memorial High School). VICINITY AND LOCATION The subject property is located in Corpus Christi southeast of the intersection of Cimarron Boulevard and KIeherg Boulevard.See"Master Site Plan"Exhibit. SITE PLAN&LOT LAYOUT A Master Site Plan Exhibit is provided which illustrates he proposed layout of lots and street improvements.The purpose of the request is to develop the remainder of the Heritage Crossing Estates land.This portion of property was left as a large lot with intentions of future commercial use. This development proposes to create a single-family development with a lower price point to provide diversity in this area in the housing market Due to this neighborhood's close proximity to Veterans high school,it is ideal to serve families with children who may need a lower home price than what is currently offered in the surrounding area.The project will be constructed in a single phase. ZONING DEVIATIONS Deviations from the proposed RS-4.5 zoning requirements are as follows: 1. The minimum lot area for single family'lots shall be 4,200 S.F. 2. The minimum lot width for single family lots shall be 40 ft, DEVELOPMENT DEVIATIONS Deviations from the subdivision standards are as follows: 1. Some lots do not meet minimum criteria per RS 4.5 zoning requirements. a. See master site plan exhibit. 2. Street right-of-way width shall be 40 feet minimum for residential street. a. Constructed street shall be atypical 28'B-B street with curb&gutter. Page 1 of 2 Page 4 of 6 Heritage Crossing P.U.D. Summary TABLES PUD Deviations Item RS-4.5 PUD Minimum Lot Area(sin le-family) 4,500 4,200 Minimum lotwidth 45ft. 40ft. Minimum Setback(YR)-Front 20ft. 20 ft.* Street right-of-way width for residential street 50ft. 40 ft.** Minimum Setback(YR)-Street(corner) 10ft. loft. Mini mum Setback(YR)-Side(single) 5ft. 5ft. Minimum Setback(YR)-Rear 5ft. 5ft. *Front setback atcircuLar portion of knuckles reduced to 15'in accordance with UDC8.2.1.G **streetwidthwiIt remain standard 28ftB-Bper UTP. Proposed Land Use Area Breakdown Land use Area(ac.) %of PUD area proposed single-family area 5.4 83% proposed right-of-way area 1.14 17% property are in PUD 6.54 1000/D Proposed Lot Breakdown LotTypel No.Lots single-farnityl 44 Page 2 of 2 Page 5 of 6 cm LU __ _________ st I i I _ 5 '133KS YHg3DW co arm 113)nld 1 Yk - I a 1 _ I •• ON. L � L Page 6 of 6 ZONING REPORT CASE ZN8398 Applicant & Subject Property District: 5 Owner: Mandel Family Homes LLC Applicant: Mandel Family Homes LLC Address: 3501 De Zavala Street, located along the east side of Cimarron Boulevard; At Kleberg Boulevard and De Zavala Street. Legal Description: Lot 66, Block 1, Heritage Crossing Estates Unit 1, Acreage of Subject Property: 6.6 acres. Zoning Request From: "RS-6" Single-Family District 6 To: "RS-4.5/PUD" Single-Family District 4.5 with a Planned Unit Development Overlay Purpose of Request: To allow a single-family subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant Medium-Density Residential Public/Semi-Public, Transportation Medium-Density Residential, North "RS-6" Single-Family 6 (Cimarron & Kleberg), Transportation Low-Density Residential, (Cimarron & Kleberg) Vacant "FR" Farm Rural, Public/Semi-Public, Institutional, South "RS-6" Single-Family 6 Vacant Medium-Density Residential Transportation (De Zavala), Transportation (De Zavala), East "RS-6" Single-Family 6 Low-Density Residential, Medium-Density Residential Vacant "FR" Farm Rural, Public/Semi-Public, Medium-Density Residential, West "RS-6" Single-Family 6, Transportation (Cimarron) Transportation (Cimarron) "RM-1" Multi-family Low-Density Residential Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County Texas) Volume 68 Page 904-905; however, must be platted to accommodate the Planned Unit Development, as required by the Unified Development Code. 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 Kleberg 1 Lane & on-street 50-Foot ROW 70-Foot ROW Boulevard "Local" Residential P 2 Lanes, Parking Median (on both sides) De Zavala "Local" Residential 50-Foot ROW 50-Foot ROW Street 1 Lanes & Parking 1 Lanes & Parking Cimarron "A1" Minor Arterial 95-Foot ROW, 95-Foot ROW, 4 Lanes, 4 Lanes, Boulevard Undivided Center Turn Lane Center Turn Lane Transit: The Corpus Christi RTA services the subject property via Route 26 Airlines/Lipes north- and south-bound near Cimarron Boulevard and Kleberg Boulevard. Bicycle Mobility Plan: The subject property is approximately 1600 feet south of a proposed 1-Way Cycle Track (Both Sides) along Brooke Road and 1900 Street north of a planned Off-Road Multi- Use Trail along Master Channel 31 Ditch, south of Lipes Boulevard. Utilities Gas: A 2-inch PE (active and public) main exists along the southern and northern boundaries of the subject property, and an 8-inch WS (active and public) main exists along the western boundary of the subject property. Stormwater: A 21-inch RCP (active and public) line exists along Kleberg Boulevard; and a 24-inch RCP (active and public) distribution line exists along Cimarron Boulevard. Wastewater: A 24-inch CIPP (active and public) Gravity mainly exists along Cimarron Boulevard; a 16-inch PVC (active and public) effluent-force main exists along Cimarron Boulevard; an 18-inch PVC (active and public) force main exists along Cimarron Boulevard; and an 8-inch (active & public) main exists along Kleberg Boulevard and De Zavala Street. Water: A 16-inch PVC (active and public) transmission line and an 8-inch PVC (active and public) distribution line exist along the east side of Cimarron Boulevard; an 8-inch (active and public) distribution line exists along the north side of Kleberg Blvd and De Zavala Street. Corpus Christi Comprehensive Plan (Plan CC) Plan CC: This plan provides a vision, goals, and strategies to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ). It was adopted in 2016. ADP (Area Development Plan): According to Plan CC, the subject property is located within the Southside ADP (Adopted March 17, 2020). Water Master Plan: No improvements have been proposed. 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 35 within a 200-foot notification area 5 outside 200-foot notification area In Opposition 1 inside the notification area 0 outside the notification area 2.91% in opposition within the 200-foot notification area (2 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: December 11, 2024 City Council 11t Reading/Public Hearing Date: February 11, 2025 City Council 2nd Reading Date: February 18, 2025 Background: The subject property is a 6.6-acre tract out of the Heritage Crossing Estates Unit 1, a "RS-6" zoned residential subdivision, platted in October 2017. It is located along the east side of Cimarron Boulevard, an "A1" Class Minor Arterial, along the west side of Kleberg Boulevard, and south side of De Zavala Street; both classified as "Local" residential roads. The surrounding properties to the north are zoned "RS-6" Single-Family 6 District with Low-Density Residential and Public/Semi-Public uses, with some vacant. Those to the south are zoned "FR" Farm Rural District and "RS-6" Single-Family 6 District, with some vacant parcels, and others with public/semi-public uses; and those to the east are zoned "RS-6" Single-Family 6 District, with low- density residential uses, and some vacant. The properties to the west of the subject property and Cimarron Boulevard are zoned "FR" Farm Rural District, "RS-6" Single-Family 6 District, and "RM-1" Multi-Family District, with Public/Semi-Public and Low-Density Residential uses. The applicant is requesting. a change of zoning to accommodate a residential subdivision With the following deviations to diversify the single-family housing price range in the city's subject area: The development is sited in a family-oriented area with nearby schools and an average home price at or near 300,000 dollars. Development Standards Deviations (UDC 4.3.3) "RS-4.5" "RS-4.5/PUD" Unified Development Code Standard Deviations Minimum Lot Area (Square Feet 4,500 4,200 Minimum Lot Width Feet 45 40 Minimum Street Yard-Front* Feet 20 20* Minimum Street Yard- Corner 10 (Back-to-Back Lots) 10 (Back-to-Back Lots) Feet Minimum Side Yard- Single Feet 5 5 Minimum Rear Yard Feet 5 5 Notes: Items in bold deviate from the Unified Development Code established under UDC Section 4.3.3. Residential Development Standards. * Per UDC (Unified Development Code) Section 8.2.1.G, item 7, in the case of residential properties involving cul-de-sacs, the front building line around the circular portion of a cul-de-sac or the circular portion of a knuckle where a street makes a turn may be reduced to no less than fifteen (15) feet. Subdivision Design Standards Deviations (UDC Section 8.2.1.B) Local Street Section Type L1 F: Unified Development Code Standard PUD Deviations ROW Right-of-Way Width 40 40 Planting/Utility Planting/Utility Area 7 0 Street Section Width BC 22 28* Bump Out 6 0 Required Sidewalk Width 4 5 Required Sidewalk No Yes Tied Sidewalks Allowed Allowed Thru Lane One One Traffic Lanes 1 Way 1 Way Parking Sides Allowed One One Design Speed MPH 25 MPH Max Trips/Day Trips/Day and Max Length 800 trips/day- NTE 1,320 ft Cul-de-sac and Max Length Yes; 800 Yes Notes: *Street width to remain 28 Feet back-of-curb to back-of-curb. The "RS-4.5" Single-Family 4.5 District permits single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The planned unit development overlay may permit new or innovative concepts in land utilization, master-planned communities, or mixed-use developments that other zoning districts cannot easily accommodate and provide site-specific compatibility standards. While greater flexibility is given to allow special conditions or restrictions that would not otherwise enable development to occur, procedures are established to ensure against misuse of increased flexibility. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is Consistent with the following elements, goals, and strategies for decision- makers. o Quality housing meets the diverse needs of households at all income levels and at all stages of life. ■ Support the planning, regulatory, and funding initiatives needed to provide diverse housing types, rental and ownership, market rates, and assistance to meet community needs. o Housing is in good condition and code-compliant. ■ Support effective, efficient, sensitive code enforcement that focuses on compliance. o New and redeveloped housing is resource-efficient. o Corpus Christi sustains and maintains established neighborhoods. ■ Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complex developments without interconnection. o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage and incentivize, with both financial and non-financial incentives, design standards that result in high-quality built environments. ■ Encourage convenient access from medium-density residential development to arterial roads. Southside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Southside ADP and is consistent with the FLUM designation of medium-density residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's rezoning request purpose and researched the property's land development history, including 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: o The proposed amendment is consistent with the City of Corpus Christi Comprehensive Plan and the Future Land Use designation of medium-density residential. o The uses to be permitted by the planned unit development plan is suitable at the subject property; and is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area and will not have a negative impact on the surrounding neighborhood. In addition to the zoning map amendment criteria in Subsection 3.3.5, in determining whether to approve, approve with conditions, or deny the amendment proposed by the applicant, the Technical Review Committee considered infrastructural capacity, as well as the: o The development is in harmony with the character of the surrounding area. o The development conforms with the Comprehensive Plan. o The development contains various housing types, employment opportunities, or commercial services to achieve a balanced community. o The development contains a planned and integrated, comprehensive transportation system separating pedestrian and vehicular traffic, including roadways, bicycleways, and pedestrian walkways. Planning Commission and Staff Recommendation: After evaluation of case materials provided and subsequent staff analysis, including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, Planning Commission and Staff Recommend Approval of the change of zoning is needed. "RS-6" Single-Family 6 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. Attachments: (A) Existing Zoning and Notice Area Map. (B) PUD (Planned Unit Development) Development Plan (C) PUD (Planned Unit Development) Development Master Site Plan (D) Returned Notices (A) Existing Zoning and Notice Area Map 5 a 22 R-S-6 23 25 { 6 �1- 24 6 RM- T �a 27 1 f, ®v: 28 30 ItFBFRG 29 � 32 33 -UB�J,EC;T 4 7 PROPERTY 15 )� 14 3 5 13 2 X17 12 IRS 6 R 18 4 11 f 19 10 20 35 21 9 8 FIR CASE: ZN8398 N Zoning and notice Area w L 5 RM-1 Multifamily 1 IL Light Industrial RM.2 MuHifamily2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unk Do,Overlay ON Protesslonal Office RS-10 Single-Family 10 RM-AT Multifam ily AT R5.6 Single-Family6 GN-1 Neighborhood Commercial RSd.5 Singlafamily 4,5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family IS CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial 5P Special Penn it CI Intensive Commercial RV Recreational Vehicle Park - CBD Downtown Co.merciel RMH Manufactured Home CR-3 Resort Commercial FIR Farm Rural H Historic werlav 7S"JECT aP euel ness PP.rkrr PROPERTY Subpc Property CTN1tl/6 v 1h 2110'bugr mfewr 4 or�rre,�wrchmzonnstdo, V 0wtrers Cityol' Esri,HERE . . - artewredowrrer:nptaa.�o c'PPoslb,r C01pLls LOCATION MAP Christi (B) PUD (Planned Unit Development) Development Plan Heritage Crossing P.U.D. Summary DEVELOPMENT DESCRIPTION Mandel Family Homes,LLC proposes to develop the Heritage Crossing Planned Unit Development (PUD)on a vacant tract of land located north of the intersection of Cimarron Boulevard and Kleberg Boulevard.The proposed development will consist of 44 single-family lots. PROPERTY AND ADJOINING LAND USE AND ZONING The property is currently vacant undeveloped property.The current zoning is RS-6.The requested zoning is RS-4.5 PUD. To the west of the property is the Cimarron Blvd.The property to the north,northeast,and east of the property is fully developed single family residential subdivisions,zoned RS-6.The property to the south is a fully developed CCISD High School Campus(Veterans Memorial High School). VICINITY AND LOCATION The subject property is located in Corpus Christi southeast of the intersection of Cimarron Boulevard and Kleberg Boulevard.See"Master Site Plan"Exhibit. SITE PLAN&LOT LAYOUT A Master Site Plan Exhibit is provided which illustrates he proposed layout of lots and street improvements. The purpose of the request is to develop the remainder of the Heritage Crossing Estates land.This portion of property was left as a large lot with intentions of future commercial use. This development proposes to create a single-family development with a lower price point to provide diversity in this area in the housing market Due to this neighborhood's close proximity to Veterans high school,it is ideal to serve families with children who may need a lower home price than what is currently offered in the surrounding area.The project will be constructed in a single phase. ZONING DEVIATIONS Deviations from the proposed RS-4.5 zoning requirements are as follows: 1. The minimum lot area for single family lots shall be 4,200 S.F. 2. The minimum lot width for single family lots shall be 40 ft. DEVELOPMENT DEVIATIONS Deviations from the subdivision standards are as follows: 1. Some lots do not meet minimum criteria per RS 4.5 zoning requirements. a. See master site plan exhibit. 2. Street right-of-way width shall be 40 feet minimum for residential street. a. Constructed street shall be a typical 28'B-B street with curb&gutter. Page 1 of 2 Heritage Crossing P.U.D. Summary TABLES PUD Deviations Item RS-4.5 PUD Minimum Lot Area(single-family) 4,500 4,200 Minimum Lotwidth 45ft. 40ft. Minimum Setback(YR)-Front 20 ft. 20 ft,* Street right-of-way width for residential street 50ft. 40ft.** Minimum Setback(YR)-street(corner) 10ft. 10ft. MIni mum Setback(YR)-Side(single) 5ft, 5ft. Minimum Setback(YR)-Rear 5ft. 5ft. *Front setback at circular portion of knuckles reduced to 15'in accordance with UDC 8.2.1.G **streetwidth will remain standard 28 ft B-B per UTP. Proposed Land Use Area Breakdown Land use Area(ac.) %of PUD area proposed single-family area 5.4 83% proposed right-of-way area 1.14 17010 pro perty a re i n PUD 6.54 1004/0 Proposed Lot Breakdown Lot Type No.Lots single-family 44 Page 2 of 2 (C) PUD (Planned Unit Development) Development Master Site Plan UL rose \ \ f m III _ e _ n o Z iELLS YNn39HNCL � s I s I �`iu jo I a I i r I ��c 3NVI ll3� N5Id - e.: o m r ID s / (D) Returned Notices PUBLIC HEAR!'NG NOTICE PLANNING COMMISSION J�;, REZONING CAS No. ZN8398 Mandel Family Homes,LLC.petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6"Single-Family District to the"RS-4.5lPUD"Single-Family District with a Planned Unit Development Overlay,not resulting in a change to the Future Land Use Map.The property to be rezoned is described as: A property located at or near 3501 De Zevala Street,being a 6.6-acre tract,and described as Lot 66,Block 1, Heritage Crossing Unit 1, located along the east side of Cimarron Boulevard,and the south side of Kleberg Boulevard.See map on the reverse side. [ME 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 rlL�•. ti •:•, Wednesday,October 30,2024,during one of the Planning Commission's regular •Mr meetings,which begins at 5:30 p.m.The hearing will 5e.11 held in the City Council `%tip Chambers,1201 Leopard Street.You are invited to attend this public hearing to - express your views on this rezoning request. r • ti n • 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 361-826-3105. Si usted desea dirigirse al Consejo de Ajuste y su ingles as limitado, habr-A un interprete en la junta Para ayudarie. Para mds informacidn,favor de 11amar al Departamento de Servicids de Desarrollo(361)826-3240. NOTE:In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning 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 address on this notice or to the email address below. Property Owner(s)Name: y .521,24_ Address: 9 10 ZC ru lr-Sf- eC. Tom' Phone No.: !i,5Z— d Ef-Z60 ( ) In Favor (.Iln Opposition 7aA-4/si s+-- h.eG.r/ /mi. 1;770 17'0Y ' e, - }OA-:;s I."AA.,-,P wow rarQJ.v�I= Reason: _,.rf.+ No} isal.iriri,� C.siy fq. ae.+/, o,F pr�ilr►y. •' P/t'J fl�}{rj/� J/7 Kj�i►sCjr/• rn .n.AJLi� yy// /GVy(� - afh/ F•ti�irri�t wrJ.,c�J os wJ.¢ .Sa���-f ar► Signature ,�� 74ra�r, 5,4. •4n�J �l� Planner Assigned:Saradia Regisve Email:Saradiaf2CaZcclexas`om Phone:361-826-3574 INFOR Case No.ZN8398 Property Owner ID:17 PUBLIC HEARING NOTICE PLANNING COMMISSION REZONING CASE No.ZN8398 Mande"Family Homes, i-C.petitioned the C,ly of Corpus Christi to consider a change of zoning from the f. "RS-6"Sin le-Family Olstrict to the"RS-4.6rPU©"Sin le-Famll Dislrictwith Planned U Development overlay.not resulting in a change to the Future Land Use Map.The property to be rezoned is 1 described as. r A property located at or near 3501 De Zevala Street,being a 6.6-acre tract,and described as Lot 66,Block 1,Heritage Crossing Unit 1,located along the east side of Cimarron Boulevard,and the south side of Kteberg Boulevard.See map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate �� •❑! a recommendation to the City Council. The public hearing will he held on t W6 esday. December 11 2024 during one,of the Planning Commission's regular meetings,which begins at 5:30 p.m.The hearing will be held in the Cdy Council Chambers. 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. iQ The Planning Commission may recommend to the City Councii approval, or denial,or approval of an intermediate zoning classification,andror 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 46 hours in advance at 361-826-3105. St usted desea dingirso al Consojo de Ajuste y su ingies es limitado,habrd un interprete en fa junta para ayudarle. Para mas informacift favor de flamar ai Departamento de Servicios de Deserroilo(361)826-3240. NOTE:In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning 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 Oev. Code§3.3.4 To be on the record, this form must be filled out, signed by the current properly owner(5),and returned in its entirety via mail to the return address on this notice or to the email address below. Property owner(s)Name: &nec-4o ; 1,c�G F nA uzr—(_ Address: -35-000 ""r—t _Z&Jf.'\L, Phone No,: ( ) In Favor (Wn Opposition \ter 103'4 a% M am t\O . Reason: �� daf,o� w c.r.4 StwG f�_.,I.a aa,a Signature Planner Assigned.Saradja RegisVe Ernail.5aradl r.dexas_mmm Phone 36t-B26-M74 INFOR Casa No ZNVIA Property Ovrnm er ID 16 Zoning Case ZN8398 "' Mandel Family Homes LLC is District 5 Rezoning for a property at or near `mow ' r 3501 De Zevala Street °- From the "RS-6" to the "RS-4.5/PUD" lF .J SUBJECT v PROPERTY [i1 c'ir.n City Council February 11, 2025 Zoning and Land Use 1 6 ~~ Proposed Use: To allow a single-family residential subdivision. R3-6 01-16-2006 % j ADP (Area Development Plan): R IIQ-1 Southside,Adopted on March 17, 2020 e � Kf lr FLUM (Future Land Use Map): a Medium-Density Residential PROPER Y Existing Zoning District: "RS-6" Single-Family 6 District RS~6 f' rf Adjacent Land Uses: North: Low-Density Residential, Public/Semi-Public; Zoned: RS-6 FR N South: Vacant, Public/Semi-Public; Zoned: RS-6, FIR t East: Low-Density Residential, Vacant; Zoned: RS-6 West: Public/Semi-Public, Low-Density Residential; Zoned: FIR, RS-6, RM-1 Public Notification 35 Notices mailed inside the 200' buffer J% 5 Notices mailed outside the 200'buffer 22 -6 23 FJ 24 6 27 � Notification Area RM-1 28 30 ti Fa�e<�p 33 Opposed: 2 (2.91%) suarEcr PROPERTY Separate Opposed Owners: (2) 15 X 6 13 t 2 2 2 RS 8 Q 11 In Favor: 1 (0.74%) 9 1 20 35 21 9 ` 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. PUD (Planned Unit Development) Overlay Development Standards Deviations(UDC 4.3.3) "RS-4.5" "RS-4.5/PUD" Unified Development Code Standard Deviations Minimum Lot Area (Square Feet) 4,500 4,200 Minimum Lot Width (Feet) 45 40 Notes: Items in bold,deviate from the Unified Development Code established under UDC Section 4.3.3. Residential Development Standards. PUD (Planned Unit Development) Overlay Cont. Subdivision Design Standards Deviations(UDC Section 8.2.1.B) Local Street Section Type L1F: Unified Development Code Standard PUD Deviations Planting/Utility Area 7 0 Street Section Width (BC) 22 28* Bump Out 6 0 Required Sidewalk Width 4 5 Required Sidewalk No Yes Notes: *Street width to remain 28 Feet back-of-curb to back-of-curb. Staff Analysis and Recommendation o The proposed amendment is consistent with the City of Corpus Christi Comprehensive Plan and the Future Land Use designation of medium-density residential. o The uses to be permitted by the planned unit development plan are suitable at the subject property; and are compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area and will not have a negative impact on the surrounding neighborhood. o In addition to the zoning map amendment criteria in Subsection 3.3.5, in determining whether to approve,approve with conditions or deny the amendment proposed by the applicant,the Technical Review Committee weighted the capacity of the surrounding infrastructure for the proposed development,as well as the following: 1. Harmony with the character of the surrounding area. 2. Conformity with the Comprehensive Plan. 3. A planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic,to include facilities such as roadways, bicycle ways and pedestrian walkways. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO "RS-4.5/PUD" ,r o• , k q - , 1 F,pG SUBJECT '. PROPERTY; " r CASE: ZN8398 N „ WE Aerial View Subject Property t �a W i_,L SUBJECT PROPERTY City of Esri, HERE Corpus LOCATION MAP Christi .gyus cr �o o� v acanroeaZ 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 11, 2025 Second Reading for the City Council Meeting of February 18, 2025 Date: January 17, 2025 To: Peter Zanoni, City Manager From: Michael Dice, Development Services Department Michaeld3@cctexas.com (361) 826-3596 Rezoning for a property at or near 3402 CR-52 (County Road) CAPTION: Zoning Case No. ZN8501, Cross Timbers Steakhouse, Inc. (District 1). Ordinance rezoning a property at or near 3402 CR-52 (County Road) from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item will rezone the property to allow a medium-density single-family residential subdivision, proposing 84 dwelling units. BACKGROUND AND FINDINGS: The subject property is currently zoned "FR" Farm Rural District and is presently vacant. Immediately north of the subject property is a drainage corridor separating public/semi- public and commercial uses further north. The properties to the south of the subject parcel and CR-52 are zoned "FR" Farm Rural District with a current agricultural land use. To the east, properties are zoned "CG-2" General Commercial District and "FR" Farm Rural District, with agricultural and commercial uses. The applicant is requesting. a zoning change for a single-family subdivision. The RS-4.5 Single Family 4.5 The district permits single-family detached houses and group homes (6 or fewer residents). A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the neighborhood's single-family character. The proposed rezoning is consistent with Plan CC and the future medium-density residential land use designation. During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D), limitations on hours of operations with certain site features (UDC §7.2.7.B.1 .a), and visual barriers such as landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.B). Public Input Process: Number of Notices Mailed: 9 Notices were mailed within the 200-foot notification area, and 4 Outside the notification area. As of February 7, 2025 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 (December 11, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Vote Results For: 9 Against: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8501, Cross Timbers Steakhouse, Inc. (District 1). Ordinance rezoning a property at or near 3402 CR-52 (County Road) from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 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 15.64 Acres out of the East Half of Lot 7, Block 1, Nueces River Irrigation Park, as described and shown in Exhibit "A" and "B", from: the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. The subject property is located at or near 3402 CR-52 (County Road). Exhibit A, a metes and bounds exhibit and map, 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 $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 4 EXHIBIT A h ¢a # 111i Mill sl 71 all Ll tj LO Yr a� ill §S F gsa se #a8t f a ! s ra ( 1a� E > gp W ij JIM Kl4Y kg i# 8 Jill, tt �{ 5 5 Yryp v€.as EPi i7 5 ,g8 '' dI gytJ �� Say ~z s aNz M 3RR. fii}• A' Sii .. p C¢J J y8 n 09 pp s at Q,S 77EE g 5$ ib f` a i', t 'i •"! i _ (F � bsa are a y ui m g} ui fig. =a'R x A (D G 0 a ; � pgB eye s�€ eghss �n jig ff gE jx SASfig 11, r oJ, h- r ter{,,, L•??. � ��:, �g T � ��� t � g�€F�R��A - '- - -�--� in i•3 d � rp. �R$gut iy'i�a- 3g I AAMR It 5 gg O �!• ci ,� na Page 3 of 4 EXHIBIT B RS- 10 RS-6 CG-2 RS-6 SUBJECT F R R S-6 PROPERTY CG-2 CG-2 FR CR 52 CR RM-2 CG- CASE: ZN8501 " SUBJECT PROPERTY WITH ZONING E ® s Subject Property A-1 Apartment Morse District FI Limird Yneusvul IN— A-tA A,pertr na House Distr t L2 Lg"Industrial D.bi A-2 A.par ,rent Horse Dis4et l$ H"Ind-1 D 1 AB Pnafessesnal Office Di— PUD Planned U,,i Deyelapment AT Aparunem-Twrrst Dlsvia R-tA One Family D-11.ng Dim is B-1 Ne%hasorrnod Business Dlsma R-1B One Fanti{y Dwelkeng D, . B-lA Neiahbor ood Business Dissw R-IC One Family Dwelt.ng Distnc+. B-2 9aylmnx Business dstnm R-2 MWlple D-euvrg Disiria B-2A Barrier Island Business Dlsvict RA Due Famly D-11..g Distsc B3 Buai— Drstnct RE Residential Estate Distract S[JBJECT 84 G—lit Business Dls n,1 R-TH Towtiftse Deekin ff D'� t PZOPERTY B-5 Prmary Business Dstna SP Special P—It - M Primary Bermes Car Olatrlct T-1A Trawl Trailer Park Dismm _ BD Corpus Chrin Beads Design Dial T-1B Man red Home Park Disarm City of Esr7,HERE F-R Farm Ru it Dsrria T-iC Mess v ed Nome."iubdrr bn cor il"; LOCATION MAP HC HlstarirsV{utWrai Landmark D,.r t Preserv+atpn Ci11'ltiEl Page 4 of 4 ZONING REPORT CASE ZN8501 Applicant & Subject Property District: 1 Owner: Cross Timbers Steakhouse, Inc. Applicant: MPM Development, Limited Partnership Address: 3402 CR-52 (County Road 52), located along the north side of CR-52, and west of IH-69 (Interstate Highway 69), also known as IH-77 (Interstate Highway 77). Legal Description: 15.64 Acres out of the East Half of Lot 7, Block 1, Nueces River Irrigation Park. Acreage of Subject Property: 15.64 acres. Refer to Attachment (A) Metes and Bounds. Zoning Request From: "FR" Farm Rural District To: "RS-4.5" Single-Family 4.5 District Purpose of Request: To allow a medium-density single-family residential subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Agricultural Medium-Density Residential North "FR" Farm Rural Drainage Corridor Permanent Open Space Transportation (CR-52), Transportation (CR-52), South "OCL" Outside City Limits Agricultural, Planned Development Commercial "FR" Farm Rural, Agricultural, Medium-density residential East "CG-2" General Commercial Commercial and commercial West "RS-6 Single-Family 6 Agricultural Medium-Density Residential Plat Status: The subject property is not platted. A subdivision of the subject property to accommodate a medium-density residential subdivision must be preceded by an amendment of the current "FR" Farm Rural zoning district. 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 CR-52 100-Foot ROW, 130-Foot ROW, "A3" Primary Arterial County Road 52 Divided 2 thru lanes, 6 thru lanes, Center Turn Lane Median Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 27, Leopard at/near Northwest Boulevard and IH-69 (Interstate Highway 69), out-bound, and 3/4 of a mile north, and near CR-52 (County Road 52) and IH-69, in-bound, and '/2 a mile south. Bicycle Mobility Plan: None. Utilities Gas: None. Stormwater: The Five-Points (a 500 or more-acre serving ditch) at the rear of the property. Wastewater: A 12-inch SBC (public) gravity main is under construction along CR-52. Water: A 16-inch PVC exists along County Road 52 (CR 52). Corpus Christi Comprehensive Plan (Plan CC) Plan CC: This plan provides a vision, goals, and strategies to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ). It was adopted in 2016. ADP (Area Development Plan): According to Plan CC, the subject property is located within the Northwest ADP (Adopted on January 9, 2001). Water Master Plan: No improvements have been proposed. 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 9 within a 200-foot notification area 4 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 owners) Public Hearing Schedule Planning Commission Hearing Date: December 11, 2024 City Council 1st Reading/Public Hearing Date: February 11, 2025 City Council 2nd Reading Date: February 18, 2025 Background: The subject property is currently zoned "FR" Farm Rural District and is presently vacant. Immediately north of the subject property is a drainage corridor separating public/semi-public and commercial uses further north. The properties to the south of the subject parcel and CR-52 are zoned "FR" Farm Rural District with a current agricultural land use. To the east, properties are currently being rezoned to "CG-2" General Commercial District, with commercial uses. The applicant is requesting. a zoning change for a single-family subdivision. The RS-4.5 Single Family 4.5 District permits single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is Consistent with Elements, Goals and Strategies for Decision Makers: Transportation and Mobility: o Corpus Christi has a convenient and efficient public transportation system. ■ Support the partnership with the Corpus Christi Regional Transportation Authority to increase ridership and reduce single-occupancy vehicle use while helping to reduce air pollution. 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 the protection and enhancement of residential neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial areas. o Corpus Christi has well-designed neighborhoods and built environments. ■ Support separating high-volume traffic from residential areas or other noise-sensitive land uses. ■ Encourage convenient access from medium-density residential development to arterial roads. Northwest ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Northwest ADP and the future land use designation of medium-density residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's rezoning request purpose and researched the property's land development history, including 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: o The proposed rezoning is consistent with Plan CC and with the future land use designation of medium-density residential. o The subject property is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (December 11, 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 "RS-4.5" Single-Family 4.5 District. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit =aask] OA oaa �ECR 'I bs T s �Y i� 9a s $ ]� '[ i a yy o `■ t c m Z En °� „a �sli S @l8 da $ �E •+ W � ° m �� gg � � '-� R�� S ix p a F � Sty �� i- 5b"� - � .S Fl• Y�� b .r 0 zz c7n � ��1 b� � �Sg FF s t .E is r� $xab � � J h o y g 5-` SC= e� �H�>f- ,� 8��.i� as A a€ °F_E �w �� FA b � �-°6 !g 6$ .f � f c ,�$ o Er Eg •1'_�a a h 6 9�irmillFF���B� o oo =$r ask $s° e„ ME It $�2 J0 9 A �S ° fP rt8 axa I 6c ti 5$st 6YO$ b� hip 6.. tis 8S� i` � P e�" r� �W egoL g5sQb 8c;`°7 sg356n �581€2� PJ.a,t�—P °46^ Ri}' $jd'3 Sn� ar\,R frl ' sroe,r 3.za.cr Ola goon Sx6- €e:: _fi��mk �S- fab atY�paEoa. f,s�.h ^6 as i EE � ..a - oa �n �.S' �� S`Rgh 3f°a S17 it l .'dsle �i ;5 8'0 rah ECN 4` h f ! - K'�n g�,V a 9E-5 ' 6aK�n8 E!!EE E f8 td «„ �gg c o-t.g os � off, EpEt j ( g-6 ry4 � Imo F SaSS!S! S &lEBf�t .��ill ° � a®.e,e•o•... 1 Ir.-� 1s o S � E�,� `°2� E8 •y c as cSS jo o� (B) Existing Zoning and Notice Area Map R S- 1 0 RS-6 G r2 9 8 4 6 RS-6 ECG RS-6 5 R P z CG-2 7 CG-2 FR CR 52 CR RM-2 CG - CASE: ZN8501 -� Zoning and notice Area S=' RM-1 MU W..Wr 1 & L*ft Md.Y l RM-2 muwauw�f 2 as Navy Ir d—. Rim-3 r ftd mly a PUO Fu—d Um oar.Or.t" C Prvfw.{vnN QRi1„ Ra•11 9r.y++a..Xy 10 Rm-AT 1 Nff aWy AT Rao S gw-F."y CX-1 M.ipl whood Comm 1 RSJ,SYryPafanYy►.. C11-2 RMphboXlaed Cem mm Ra•TF T OJwly CR.t RMXX1 CoMmotdal Ra-1a.#aRay i6 CR-2' R-. Co11RR Wl RE Raald m Ef CG•1 {iR m Cd w RB�TH Tp�rlhhprq. 03-2 G—W Ca.. L.4 SP sw.l Pr Cl M ffi"Cm,marual Ry RxralIIONI WNG.Far. I rs Can O-1—Cwmw W RMX 00-1-1w M.. . CRd R-w Cwann.rdd �. Pp Farm Rural X X.fl 0—A.r SUBJECT RP PROPERTY ❑© s �^-� 0 ESO.HER.' -I'; LOCarrory N1,4P Zoning Case ZN8501 Cross Timbers Steakhouse Inc District 1 Rezoning for a property at or near 3402 CR-52 From the "FR" Farm Rural District To the "RS-4.5"Single-Family 4.5 District J'+ SUBJECT PROPERTY SUBJECT 1 70PERTY i Citul :� Fsri.HfRF LOCATION MAP ('liri.11 1 City Council February 11, 2025 Zoning and Land Use Proposed Use: RS-10 RS-6 CG-2 To allow medium-density residential subdivision 11-09-1992 ADP (Area Development Plan): Northwest, Adopted on January 9, 2001 FLUM (Future Land Use Map): RS-6 Medium-density residential s'ue�Fr FR RS-6 PROPERTY Existing Zoning District: 12-03-2018 "FR" Farm Rural District Adjacent Land Uses: CG-2 CG-2 North: Drainage corridor; Zoned: FR FR South: Transportation,Agricultural, Commercial;-��R S��R_ N 1Y Zoned: FR 05-24-2021 RM-2 t East: Agricultural, Commercial; Zoned: FR, CG-2 CG- West: Agricultural; Zoned: RS-6 Public Notification 9 Notices mailed inside the 200' buffer 4 Notices mailed outside the 200' buffer RS-'o Rs-B 9 8 4 6 Notification Area Opposed: 0 (0.00%) Rs-s 7 c Separate Opposed Owners: (0) RS-6 5 PROP RTY In Favor: 0 (0.00%) z CG-z 3 CG- FR NCR 5 CR 1 "Notified property owner's land in SQF/Total SQF of all properties in RM-z the notification area=Percentage of public in opposition and/or favor. cG- Staff Analysis and Recommendation • The proposed rezoning is consistent with Plan CC and with the future land use designation of medium-density residential. • The subject property is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RS-4.5" SINGLE-FAMILY 4.5 DISTRICT v ;SUBJECT r PR.OPERTY I� s f CASE: ZN8501 "' N - WE Aerial View s ® Subject Property SUBJECT PROPERTY City of Esri, HERE Corpus LOCATION MAP Christi ,¢gUS Go Ok +-� v NRRRPOR 1'0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 25, 2025 DATE: February 25, 2025 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN ccDcctexas.com (361) 826-3111 Sergio Villasana, Director of Finance & Procurement SergioV2 Ca-).cctexas.com (361) 826-3227 Supply Agreement for Neptune Water Meters and Parts CAPTION: Resolution authorizing a one-year supply agreement, with two one-year options, with Neptune Technology Group, Inc., of Tallassee, Alabama, in an amount up to $750,000.00, with a potential up to $2,387,700.00 if options are exercised, to purchase water meters and parts for Corpus Christi Water (CCW), with FY 2025 funding of $750,000.00 from the Water Fund. SUMMARY: This resolution authorizes a one-year supply agreement for water meters for CCW. This agreement is necessary to ensure a supply of meters and associated components needed to maintain the performance of the City's water meter system. BACKGROUND AND FINDINGS: The City of Corpus Christi has over 100,000 metered water connections, with an average of 1,000 new service connections added annually. These connections, whether part of a new service or regular maintenance, require the installation of components that ensure the continued accurate measurement of water usage. The value of accurate reporting of water usage is illustrated in both operational planning and collection of revenues. CCW has been utilizing Neptune water meters as part of standard operating practices due to their accuracy and integration with our current automatic metering infrastructure (AMI). PROCUREMENT DETAIL: This procurement falls under the Local Government Code, Section 252.022(a)(7)(A); this item is available from only one source because of patents, copyrights, secret processes, or natural monopolies and 252.022(a)(7)(D), as this purchase is for captive replacement parts or components for equipment. The purchase of the Neptune water meters and parts ensures the continued accurate measurement of water usage for the metered water connections of an average of 1,000 new service connections annually. The comparison table below shows price decreases and increases for replacement parts purchased most throughout the previous year with the same provider. Price increases are less than 6%. Item Description 2024 Price 2025 Price Variance Percentage 6" Mach 10 Meter w/Nicor $3,494.62 $2,700.00 ($794.62) (22.75%) Connector 8" Mach 10 Meter w/Nicor $6,851.00 $4,500.00 ($2,351.00) (34.3%) Connector 8" HPT w/Nicor Connector $2,760.00 $2,905.00 $145.00 5.10% 10" HPT w/Nicor Connector $4,761.00 $5,012.00 $251 .00 5.25% ALTERNATIVES: An alternative is not to enter into an agreement, which would require separate procurements on an as-needed basis. This would reduce the economies of scale pricing secured through a long-term contract and increase the time delay due to the procurement process. It would slow the level of response, in some cases negatively impacting revenues. FISCAL IMPACT: The fiscal impact for Corpus Christi Water for FY 2025 is $750,000.00 from the Water Fund. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31510 Maintenance of Water Meters Department: 45 Water Project # (CIP Only): N/A Account: 520150 Meter/Sery Cnnct Mat Amount: $750,000.00 RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Resolution authorizing a one-year supply agreement, with two one- year options, with Neptune Technology Group, Inc., of Tallassee, Alabama, in an amount up to 750,000.00, with a potential up to $2,387,700.00 if options are exercised, to purchase water meters and parts for Corpus Christi Water (CCW), with FY 2025 funding of $750,000.00 from the Water Fund. WHEREAS, these supplies will be used by Corpus Christi Water to meet the operational needs of the department, which are critical in sustaining the department's operational reliability for service; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; WHEREAS, the City Council finds there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to patents, copyrights, special processes, or natural monopolies; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(D), as this purchase is for captive replacement parts or components for equipment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute a one-year supply agreement for up to $750,000.00, with two one-year options, with Neptune Technology Group, Inc., to purchase water meters and parts, with FY 2025 funding of $750,000.00 from the Water Fund. PASSED AND APPROVED on the day of , 2025 ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Neptune Water Meters Local Government State Exemption 252 ITEM DESCRIPTION Price Total for One Year 1 As Needed - Neptune Water Meters and Parts $750,000.00 Total to Not Exceed for 1 -YR. $750,000.00 Reference Supply Agreement, Attachment B-Quote/Bid Pricing Schedule. bUs c.� G� A SUPPLY AGREEMENT NO. 6286 U Neptune Water Meters & Parts yCaeaoRp�� 1852 THIS Neptune Water Meters & Parts Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Neptune Technology Group, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Neptune Water Meters & Parts in response to a quote or a formal Request for Bid No. SS-6286 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Neptune Water Meters & Parts in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. The term of this Agreement is one year and begins on the date provided in the Notice to Proceed ("NTP") from the Contract Administrator or the City's Procurement Division. The parties may mutually renew the term for up to two one- year periods ("Renewal Term"), with such Renewal Term ending at the close of business 12 months from the Renewal Term's beginning date. 3. Compensation and Payment. This Agreement is for an amount not to exceed $750,000.00, subject to authorized amendments. Payment will be made for products delivered 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 Quote/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. The parties agree that, in the event the Renewal Term is exercised, the not-to-exceed amount established in this section may be increased by a reasonable percentage not to exceed 6% for the Renewal Term; however, in no event may the total not-to-exceed amount of compensation stated in this paragraph be changed without a validly executed amendment to this Agreement. Supply Agreement- Neptune Water Meters & Parts Page 1 of 7 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, TX 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: Amanda Howard Corpus Christi Water (361) 826-1894 Email: Amanda HCcctexas.com 5. Insurance. N/A; reserved. 6. Purchase Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place, and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase order signed by an authorized representative of the department or division. The purchase order must refer to this Agreement, and the products must remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product, or products, may be bought by the City on the open market and any costs incurred, including additional costs over an item's quote/bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment C by the manufacturer, for the Supply Agreement- Neptune Water Meters & Parts Page 2 of 7 period stated in Attachment C. Attachment C is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement. Substitutions and deviations from the City's product requirements and specifications are prohibited without the prior written approval of the Contract Administrator. 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 the City's 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 a budget item for this Agreement will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method; and under no circumstances or conditions will any representative, agent, or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the products, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing and executed by an authorized representative of each party. 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. Reserved. 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 addressed and sent as follows: IF TO CITY: City of Corpus Christi Attn: Amanda Howard, Contracts/Funds Administrator Corpus Christi Water Supply Agreement- Neptune Water Meters & Parts Page 3 of 7 2726 Holly Rd., Corpus Christi, TX 78415 Phone: (361) 826-1894 Fax: (361 ) 826-4495 IF TO CONTRACTOR: Neptune Technology Group, Inc. Attn: Hunter Brown, Territory Manager 1600 Alabama Hwy. 229, Tallassee, AL 36078 Phone: (281) 794-4267 Fax: (334) 283-7293 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, the performance of this Agreement by the Contractor, or that results from the negligent act, omission, 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 liability, damage, loss, claims, demands, suits, or actions. The indemnification obligations of the 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 or conditions 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 stated cure period, the City may terminate this Agreement immediately thereafter. (B) Alternately, the City may terminate this Agreement for convenience upon 30 days' advance written notice to the Contractor. 19. Owner's Manual and Preventative Maintenance. The Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance Supply Agreement- Neptune Water Meters & Parts Page 4 of 7 instructions, if available, for any equipment purchased by the City pursuant to this Agreement. The Contractor must provide such documentation upon delivery of the equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential, or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, nor of any right or interest contained herein, is effective unless the City Manager first provides 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 an 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; then, followed by its exhibits; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. The Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete and submit Form 1295 "Certificate of Interested Parties" as part of this Agreement if required to do so pursuant to Texas law. 25. Governing Law. The Contractor agrees to comply with all federal, Texas, and City laws, rules, and regulations 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 forum for any disputes is the appropriate district or county court in 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 I Chapter 552, Government Code, may apply to this contract and the Contractor Supply Agreement- Neptune Water Meters & Parts Page 5 of 7 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements, and understandings, whether oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement- Neptune Water Meters & Parts Page 6 of 7 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Sergio Villasana Director, Finance & Procurement Date: Approved as to form: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Quote/Bid/Pricing Schedule Attachment C: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. SS-6286 Exhibit 2: Contractor's Quote/Bid/Proposal Response Supply Agreement- Neptune Water Meters & Parts Page 7 of 7 ATTACHMENT A: SCOPE OF WORK A. General Requirements/Background Information The Contractor shall provide water meters and associated components to Corpus Christi Water (CCW). B. Service Requirements 1 . The Contractor shall deliver parts to: Corpus Christi Water 2726 Holly Rd. Corpus Christi, TX 78415 2. The Contractor shall deliver parts between 8:00 a.m. and 5:00 p.m., Monday through Friday. 3. The Contractor shall be responsible for all shipping charges. 4. The Contractor shall have a bill of sale upon delivery. 5. Pricing shall follow the attached 2025 pricing schedule. Before taking effect, any pricing changes shall be agreed upon between both parties. 6. The Contractor shall arrange the return of the shipment if any items are found to be defective, unstable, or not in working condition. Any shipping charges will be refunded via check to CCW. C. Invoicing A. The Contractor must submit an itemized invoice for payment, which shall contain the following information: 1 . Purchase Order (PO) number and service agreement number 2. Item number and description of equipment 3. Shipping costs B. The Contractor shall submit an original invoice to: City of Corpus Christi Attn: Corpus Christi Water P.O. Box 9277 Corpus Christi, TX 78469-9277 Page 1 of 1 Attachment B: Bid/Pricing Schedule Buying =City of Corpus Christi,Texas contractor: Neptune Technology Group,Inc. Agency: Contact _Stephen Lynn Prepared _Hunter Brown Person: By: Phone: 361-219-9015 Phone: 334-415-2032 Email: stephen12@cctexas.co Email: hbrown@neptunetg.com Date of Quote 11/14/2024 Catalog Price sheet Name: Neptune PL-43 Price Sheet(Pricing valid through 12/31/25) General Description ater Meters of Product: Description Unit Pr Mach10 Meters(Ultrasonic,20 Year Accuracy Warranty,No Strainer Required) EU1D1 GIB IAS2629 3/4"SL Mach 10 Meter with Nicor Connector $ 155.00 EU1F1GIBIAS2629 1"Mach 10 Meter with Nicor Connector $ 189.00 EU2D1 GI S2629 1 1/2"Mach 10 Meter with Nicor Connector $ 545.00 EU2171 GI S2629 2"Mach 10 Meter with Nicor Connector $ 560.00 EU3A1 GI S2629 3"Machl0 Meter with Nicor Connector $ 1,610.00 EU3CIG1 S2629 4"Mach 10 Meter with Nicor Connector $ 1,800.00 EU3E1 GI S2629 6"Mach 10 Meter with Nicor Connector $ 2,700.00 EU4A1 GI S2629 8"Mach 10 Meter with Nicor Connector $ 4,500.00 T10 Meters(Mechanical) ED2D21RPHG21S2629 3/4" t-10 METER with Nicor Connector $ 160.00 ED2F21RPHG21 S2629 1" t-10 METER with Nicor Connector $ 224.00 ED2H11RPHG21S2629 11/2" t-10 METER with Nicor Connector $ 472.00 ED2JHRPHG21 S2629 2" t-10 METER with Nicor Connector $ 643.00 HP Turbine Meters(Mechanical,1 Year Accuracy Warranty,Strainer Required) ET4HRPHG21 S2629 11/2"HPT with Nicor Connector $ 707.00 ET4ARPHG21 S2629 2"HPT with Nicor Connector $ 733.00 ET4BRPHG21 S2629 3"HPT with Nicor Connector $ 1,104.00 ET4CRPHG21 S2629 4"HPT with Nicor Connector $ 1,412.00 ET4DRPHG21 S2629 6"HPT with Nicor Connector $ 2,261.00 ET4ERPHG21 S2629 8"HPT with Nicor Connector $ 2,905.00 ET4FRHG21 S2629 10"HPT with Nicor Connector $ 5,012.00 Register Retrofits(Mechanical Meters) Page 1 of 2 RPH2G1152629 5/8"PROCODER REGISTER with Nicor Connector $ 80.00 a RPH2G21 S2629 3/4"PROCODER REGISTER with Nicor Connector $ 80.00 RPH2G31 S2629 1"PROCODER REGISTER with Nicor Connector $ 80.00 RPH2G41 S2629 11/2"t-10 PROCODER REGISTER with Nicor Connector $ 80.00 RPH2G51 S2629 2"t-10 PROCODER REGISTER with Nicor Connector $ 80.00 RPH5G11 S2629 2"HPT PROCODER REGISTER with Nicor Connector $ 80.00 RPH5G21 S2629 3"HPT PROCODER REGISTER with Nicor Connector $ 80.00 RPH5G31 S2629 4"HPT PROCODER REGISTER with Nicor Connector $ 80.00 RPH5G41 S2629 6"HPT PROCODER REGISTER with Nicor Connector $ 80.00 € RPH5G51 S2629 8"HPT PROCODER REGISTER with Nicor Connector $ 80.00 RPH5G01 S2629 10"HPT PROCODER REGISTER with Nicor Connector $ 80.00 Parts(UMEs and Strainers) 12482-002 Installation Kit $ 4.71 9601-001 Register Seal Pins $ 0.30 13761-021 S2629 2"HPT UME with Nicor Connector $ 514.00 13761-121 S2629 3"HPT UME with Nicor Connector $ 772.00 13761-221 S2629 4"HPT UME with Nicor Connector $ 1,029.00 13761-321 S2629 6"HPT UME with Nicor Connector $ 1,543.00 13761-421 S2629 8"HPT UME with Nicor Connector $ 2,058 00 13761-521 S2629 10"HPT UME with Nicor Connector $ 2,572.00 53120-000 2"Bronze Strainer $ 463.00 53107-000 3"Bronze Strainer $ 823.00 53107-100 4"Bronze Strainer $ 1,100.00 51000-201 6"Bronze Strainer $ 1,675.00 52000-304 8"Bronze Strainer $ 3,060.00 52000-402 10"Bronze Strainer $ 5,129.00 Page 2 of 2 DocuSign Envelope ID:D4C1768E-1`196-4402-A812-B1 ECB85063DB Attachment C: Warranty Requirements Neptune T 10, HP Turbine, Ri9gsIJTILJTY GEMEW TRU/FLO° Compound Cold Water Meters Warranty SYSTEMS" 1.Terms of Limited Warranty. With respect to its Neptune T-10.HP TURBINE.TAU/FLO'Compound Water Meters(collectively the-Water Meters"),Neptune Technology Group Inc.('Neptune(warrants the following on meters sold on or after 11/1192: The Water Meters will be,at the later of(il the dale of original purchase from Neptune or roil the date of onginat shipment from Neptune-authorized distributor of Water Meters(that later date is referred to as"lhe Cale of Shipment")and will remain for a period of eighteen(18)months from the Cate of Shipment,or twelve(12)months tram date of installation,whichever comes first,free Irom manuf acturing defects'n workmanship and material (a)Malnease.The no-lead high copper alloy or Brass maincase of the Water Melers wig be at the Dale of Shipment free from manufacturing defects in workmanship and matenal for the Isle of the Wale,Meter (b)Frost Protection.All Neptune T-10 Cold Water Meters sh pped wig a synthetic polymer or cast iron bottom cep will,commencing upon the Date of Shipment,be warranted against chamber damage for a period often(10)years to)Registers.Standard,roll sealed registers of the Water Meters will be at the Dale of Shipment.and shall remain lot the following periods,free from manufacturing defects in workmanship and material for a period often(10)years.The ARB°NoRead"(ARB VI),and E-Cadi(ARB Vill system registers are warranted for ten(10)years Irom Date of Shipment.All ProRead encoder receptacles shipped after January 1,2001 shall be warranted for five years from the Date of Shipment.All other components and pans are cavered under Neptune's standard one-year material and workmanship guarantee. (d)Meier Accuracy for Neptune T-10.Neptune T-10 Meters and Neptune T 10 nutat ng disc chambers in TRU/FLO Compound Water Meters are warranted to meet or exceed,as listed herein, acctuacy standards of the AWWA Standard C700.95 for a period oh(Q five(5)years from Date of Shipment for 5/8"-3/4"and 1"meters;(ii)tar a period at two 121 years from the Date at Shipment for 1 1/2"and 2"meters;or Nil the applicable registration shown below.whichever occurs first.Neptune further guarantees that the Neptune T-10 and Neptune T-10 nutating disc chambers in TRU/FLO Compound Water Meters will perform to at least Repaired Meter Accuracy Standards,according to AWWA Manual M-6 Chapter 5(1999)Table 5.3 for an additional ten(10)years or the registration shown below,whichever occurs first. fe)Meter Accuracy for HP Turbine and TAUIFLO,The HP Turbine and TRUALO Compound Cold Water Meters will perform,for a period or one(1)year from the Date of Shipment,to American Water Works Association("AWWA")accuracy standards for new water meters. SIZE EXTENDED LOW NEW METER ACCURACY REPAIRED METER FLOW ACCURACY ACCURACY Y.&Y.'xW '/.US gall a 95%5 years or 500,000 gallons 500,000 gallons 1.500.000 gallons Yi %US gam®95% 750,000 gallons 2 250,000 gallons 5 years or 750,1100 gallons 1_ Y.USgpin095% 1,000,000gallons 3,D00.000gallons 5 years or 1,000.000gatlans Y.US glint a 95% 1,600,000 gallons 5.000,01)ll gallons 2 years o r 1.600,000 gallons I IUS gain a95% ®2700000 gallons 8 NEF= TUNE 2 2 years or 2,700,000 gallons , . .000.000 gallons TECHNOLOGY GROUP INC. wMam osn Page 1 of 4 DocuSign Envelope ID:D4C1768E-F196-4402-A812-B1 ECB85063DB 2.Warranty Return. If a Neptune Water Meter fails an accuracy test during an applicable warranty period,it maybe returned to Neptune for repair or replacement at Neptuness option.An accuracy test shall be conducted by the customer accord ng to AWWA standards.Any meter Laing returned for repair to Neptune under this performance guarantee must be resumed with a copy of the customer's test results If the meter is returned to Neptune without a copy of the test results or if Neptuness factory lest shows the meter to meat current AW WA standards,the customer will be charged a nominal testing fee by Neptune in such cases.Neptune will repair or replace the meter at Neptuness option after the meter has been tested by Neptune.Meters repaired or replaced underthe performance guarantee wilt be guaranteed to perform to AWWA repaired meter accuracy standards. 3.Warranties are exclusive. The warranties set forth in this certificate of warranty are in lieu of any other warranty,guarantee,or representation,whether expressed or Implied,including without limitation,the warranty of merchantability and the warranty of fitness tar a particular purpose. 4.Damages limited to costs of replacement and repair. If the Water Meter fails to meet the warranties set forth in Paragraph 1 of th s Cerlfcata of Warranty,Neptune,at its option shall.without charge of labor or materials,repair or replace the Water Meter or pan thereof,provided that I91 the Water Meter is delivered to a Neptune representative,(b)the Water Meter is accompanied by a Ralum Material Aulhodrafion(RMA),and(c)all costs of delivery to Neptune are assumed by the purchaser of the Water Meter Neptunes liability is limited to its costs of replacement and repair of the defective water meter.Damages resulting from miscalculation of water usage or lost revenue or profit are not recoverable from Neptune.It is the responsibility of the customer to periodically verity the operation and accuracy of its meters. 5.Warranties are inapplicable under certain conditions. The warranties set forth in this Certificate of Warranty do not apply to any Water Meter that has been damaged by.or subjected to,conditions which,in the opinion of Neptune,have affected the Water Metro's ability of pedor ante,including but not limited to:misuse,improper handling,application or installation:excessive operating conditions;foreign materials in the water,aggressive water conditions,tampering or unauthorized repairs or modifications;accidental or intentional damage;acts of God.This Certificate of Warranty shall not apply it product is placed in non- recommended installation,is connected or altered by other than Neptune recommended procedures,is used with other than genuine Neptunb meter registers and components,or read by equipment not approved or licensed by Neptune.Neptune makes no claims conceming operability and/or compatibility or third party reading systems.In addition,this Certificate of Warranty shall not apply if thud party reading equipment Is believed to have caused damage to the meter or register.In order to determine its liability,if any,under this Certificate of Warranty Neptune shall have the light to inspect any Water Meter or part thereof that is charmed to be defective at Neptune or other location designated by Neptune. NEPTUNE'S LIABILITY WITH RESPECT TO BREACHES OF THE FOREGOING LIMITED WARRANTY SHALL HE LIMITED AS STATED HEREIN.NEPTUNIFS LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE,NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING:U)ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACTOR OF WARRANTY121 ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS(INCLUDING NEGLIGENCE AND STRICT LIABILITY)OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLO OR SERVICES RENDERED BY NEPTUNE,OR ANY UNDERTAKINGS,ACT OR OMISSIONS RELATING THERETO,AND 13)ALL CONSEQUENTIAL.INCIOENTAL.SPECIAL,MULTIPLE, EXEMPLARY,AND PUNITIVE DAMAGES WHATSOEVER. NER—rL1NE TECHNOLOGY GROUP INC. WMHm Dall Page 2 of 4 DocuSign Envelope ID:D4C1768E-F196-4402-A812-B1 ECB85063DB ProRead'/E-Coder® Encoder Warranty Statement RREY ���EM SYSTEMS" Products Covered This warranty shall apply to both the Proflead Absolve Encoder and E-Coder Solid Slate Absolute Encoder Registers.hereinafter referred to as Product.'sold by Neptune Technology Group Inc-The warranty is extended only to utilities,municipalkies,other commercial users,and authorized distributors,hereinafter referred to as'Customer.*and does NOT apply to consumers. Materials and workmanship Neptune Technology Group Inc.('Neptune')warrants that the product shall he free from defects in manufacture and design for a penod of ten(101 years from the date of shipment Isuch period being the"Warranty Pedod'I when installed,serviced and operated according to Neptune's instructions.Neptune shall not be responsible for any defects in the product(whether due to design,materials, manufacture,or otherwise)which manifest themselves after the expiration of the Warranty Period.Neptune will repair or replace a nonperforming product free of charge for ten 110)years. Warranties are inapplicable under certain conditions This warranty does not include field replacement labor or materials costs.which are the responsibility of the Customer.This waranty,does not apply if product is placed in non•recononended installations;may have been repaired with parts not recommended by Neptune;is converted,altered or connected by other than Neptune recommended procedures;is used with other than genuine Neptune components or read by equipment not approved or licensed by Neptune;or damaged due to improper care or maintenance,or improper periodic testing(please refer to Encoder quick install guide).This warranty does not apply to arty Product Ihat has been damaged by,or subjected to,conditions which,in the opinion of Neptune,have a0ected the Product's ability of performance,including but not limited Ia!misuse;improper handling;application or installation;excessive operating conditions tampering or unauthorized repairs and modifications;accidental or intentional damage;or acts of God.In no event shall Neptune be liable for special,incidental,indirect or consequential damages,including,without limitation,lost revenue. THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY NEPTUNE WITH RESPECT To THE PRODUCT ALL OTHER WARRANTIES.CONDITIONS.TERMS, REPRESENTATIONS,OR OTHER LEGALLY OPERATIVE PROVISIONS CONCERNING THE PRODUCT ARE HEREBY EXPRESSLY EXCLUDED.INCLUDING WITHOUT LIMITATION,ANY WARRANTY,CONDITION,TERM,AND REPRESENTATION OR OTHER LEGALLY OPERATIVE PROVISION AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS PARAGRAPH IS EXPRESSLY INTENDED TO EXCLUDE FROM THIS CONTRACT ALL STATUTORY AND COMMON LAW WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.TO AVOID ANY AMBIGUITY OR MISUNDERSTANDING.ALL PROBLEMS ARISING WITH THE PRODUCT AFTER THIS POINT ARE CUSTOMER'S RESPONSIBILITY.NFFHINE'S UABILfTY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE.NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING:(1)ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY;(2)ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS IINCLUDING NEGLIGENCE AND STRICT LIABILITY)OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE.OR ANY UNDERTAKINGS,ACTS,OR OMISSIONS RELATING THERETO;AND(31 ALL CONSEGUENTIAL.INCIDENTAL SPECIAL MULTIPLE, EXEMPLARY,AND PUNITIVE DAMAGES WHATSOEVER. ® NER-TUNE TECRNOLaGY GROUP INC. — w ENCOam!A W Page 3 of 4 DocuSign Envelope ID:D4C1768E-F196-4402-A812-B1 ECB85063DB Encoder Compatibility Guarantee RiFRa®IUT,L>n (MANAGEMENT SYSTEMS"' Automatic Reading and Billing(ARBm)System(ARB V.ProRead and E-Coder") With the purchase of the ARB encoder metering system,Neptune will provide the assurance that the ARB System purchased today can be expanded from reading with Neptune handheld devices to reading with Neptune mobile products and fixed network systems. GUARANTEE OF COMPATIBILITY The Pocket Proxeader RE Advantage Probe,11900".E•CoderIR900i`,DAP handhelds(PC9380,9690&CE5320B)and Neptune mobile systems are designed and built by Neptune This guarantees The utility compatibility between these systems and the ARB encoder registers. For Probed Reads:When reading ARB encoders with the Pocket ProBeader RF,Advantage Probe,or DAP handholds(PC9300,9800 and CE53200),Neptune guarantees that the meter reading obtained will match the mechanical odometer reading.or Neptune will pay the difference at the rate currently in farce. For RF Reads When reading ARB encoders connected to an R900 where the R900 reads a ProRead or ARB V encoder hourly,or in the case of E•Coder where the R900 reads the E•Cader every 15 in naves,Neptune guarantees the encoder reading and the remote reading will match upon manual activation of the R900 with a magnet to force an immediate read and transmission.In the event of the E•Code11190 where the R900 transmission is updated every 15 minutes.Neptune will guarantee the encoder reading and remote reading to match upon this update.If the electronic reading on the handheld device is less than the odometer reading.Neptune will pay the difference at the rate currently in force. Damage Guarantee The Pocket ProBeader RR Advantage Probe,1`1900A Coder)R90(h.DAP handhelds IPC9300&9800.CE53206)and Neptune mobile systems are warranted against causing damage to any ARB encoder register during interrogation If it is found that the Packet Frofleader RF Advantage Probe,R900,DAP handhelds(PC9300&9800,CE53200)or Neptune mobile systems caused damage to an ARB encoder register during interrogation,Neptune will either repa r or replace the register at no charge to the utility. 11 there are any questions concemrng this Meter&Reading Infooeauon Systems Guarantee,please write to Manager of Consumer Relations,Neptune Technology Group Inc.,1600 Alabama Hwy, 229 Tellasseo,Alabama 36078 If a Neptune water meter fails an accuracy test during an applicable warranty period,it maybe returned to Neptune for repair or replacement at Neptune's option.An accuracy test stall be conducted by the customer according to AWWA standards.If foreign material causes the meter not to perform appropriately,all such materials shall be removed prior to the customer conducting the test.Any meter being returned fin repair to Neptune under this performance guarantee must be returned with a copy of the customer's test results.If the meter is returned to Neptune without a copy of the lost results or if Neptune's factory test shows the meter to meet current AWWA standards the customer will be charged a nominal testing fee by Neptune in such cases.Neptune will repairer replace The meter at Neptune's option after the meter has been tested by Neptune.Meters repaired or replaced under The performance guarantee will he guaranteed to perform to AWWA repaired meter accuracy standards This guarantee is void if components have riot been maintained or installed according to Neptune installation and maintenance guidelines,or are otherwise damaged or defective. The accuracy guarantee wr I nor apply where a property formatted electronic meter reading cannot be obtained on six digit encoders.The last digit will be displayed only as a zero(01 or five(5)when read remotely.As part of the encoder technology,the electronic reading from the R900 is guaranteed to match the reading on the encoder register upon manual activation of the R900 with a magnet to force an immediate read and transmission lone per hour).System damage as a result of vandalism or acts of God are not covered.Additional warranties may also apply to individual system components.Neptune's liability with respect to breaches of the foregoing warranty shall be limited as stated herein.Neptune's liability shall in no event exceed the purchase price.Neptune shall not be subject to and disclaims The fallowing:(1)any other obligations or liabilities arising out of breach of contract or of warranty.,(7)any obligations whatsoever arising from tort claims {including negligence and strict liability)or arising under other theories of law with respect to products sold or services rendered by Neptune,or any undertakings,acts,or emissions relating thereto.,and(3)all consequential,incidental,special,multiple,exemplary,and punitive damages whatsoever. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES.WHETHER EXPRESSED, IMPLIED OR STATUTORY,INCLUDING.WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR NEIr'�TUNE FITNESS FOR A PARTICULAR PURPOSE. �Y�/ Tecxxota0r cmouP INC. W fitmnfRoaaa Page 4 of 4 SC GQ 0 �►a v xs2 AGENDA MEMORANDUM Action Item for the City Council Meeting of February 18, 2025 DATE: February 18, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services ieffreye(a-)cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2(@cctexas.com (361) 826-1677 Sergio Villasana, CPA, CGFO, CIA, Director of Finance & Procurement sergiov2()cctexas.com (361) 826-3227 Professional Services Contract Corn Products - IH 37 to Leopard Street CAPTION: Motion authorizing a professional services contract with LJA Engineering, to provide design, bid, and construction phase services for Corn Products Road from IH 37 to Leopard Street reconstruction project in an amount not to exceed $985,382.40, located in Council District 1, with FY 2025 Capital Budget funding available from prior certificates of obligation, Storm Water, Wastewater, Water, and Gas Capital funds. SUMMARY: This motion authorizes the approval of a professional services contract to provide design, bid, and construction phase services for the reconstruction of Corn Products Road from IH 37 to Leopard Street in an amount not to exceed $985,382.40. BACKGOUND AND FINDINGS: Corn Products Road from IH 37 to Leopard Street is a Capital Improvement Program (CIP)project spanning approximately 1,460 linear feet (0.28 miles). The CIP pages show the project limits on Corn Products Road from IH 37 to Hopkins Road, but the actual limits of the project are from IH 37 to Leopard Street. The CIP pages are being revised with this agenda item. According to the City's Urban Transportation Plan, this section of Corn Products is classified as an A2 Arterial with heavier vehicular traffic. Corn Products is currently a four-lane divided roadway with asphalt pavement with two travel lanes in each direction. It features a ditch section road with grassy median. The average width of the road is twenty-four feet from the roadway edge to the median on both sides. The project scope includes the complete reconstruction of the existing roadway with new pavement, curbs, gutters, and sidewalks, installation of ADA-compliant curb ramps, signage, pavement markings, upgraded street illumination, utility improvements, and drainage as needed. Per the City Council Policy 28 (amended on May 21, 2024), the street shall be designed for both asphalt and concrete pavements and will be advertised for bids for both pavement types. The bids will be evaluated based on the cost per lane mile. PROJECT TIMELINE: February - May May - July August - May Design Bid/Award Construction Project schedule reflects City Council award in February 2026 with anticipated completion by May 2026. COMPETITIVE SOLICITATION PROCESS: On August 07, 2023, the Contracts and Procurement Department issued a Request for qualification with RFQ 5036 for the Professional Engineering Services for FY2024 for four project categories (gas,wastewater,water, and streets).Three street projects were listed under the street category: Corn Products Rd (IH 37 to Hopkins Rd), Williams Dr - (Rodd Field to Lexington Rd), and the North Padre Island paper streets. Thirteen (13) firms submitted qualifications to design the street projects. The selection committee comprised of representatives from the Public Works, Engineering Services Department and the Executive Leadership Team. The firms are evaluated based on the below listed criteria: 1. Experience on projects of similar scope & complexity 2. Demonstrated capability & capacity on comparable projects 3. Team members with experience & qualifications 4. Team members experience with work of similar scope & complexity 5. Availability of resources to accomplish the work 6. Demonstrated understanding of the scope of services The final evaluation graded LJA Engineering as the second highest ranked firm. LJA Engineering has designed and successfully completed numerous major roadway projects for the City of Corpus Christi and for other surrounding cities like City of Portland, Aransas Pass, Alice, San Benito, Raymondville, Freer, Orange Grove, Agua Dulce, Nueces County, Jim Wells County, and Duval County. Some of these projects include: • Rodd Field Road from Saratoga to Yorktown (A3 Arterial Road) • Morgan Ave from Ocean to Crosstown (Al Arterial Road) • Williams Drive from South Staples to Airline (C3 Collector Road) • Laguna Shores with three segments: segment#1 from SPID to Graham, segment#2 from Caribbean to Hustlin' Hornet, and segment#3 from Mediterranean to Wyndale. (Parkway Collector P1) • Martin Street from Holly to Dorado and Holly from Ennis Joslin to Paul Jones (Cl Collector Road) • Yorktown Boulevard from Rodd Field to Mud Bridge (A3 Arterial Road) ALTERNATIVES: Council could choose not to award the contract to LJA Engineering. This would delay the project and conflict with the City Council's goal of expediting street projects. FISCAL IMPACT: There are no prior-year expenses on this project. The project was initially planned to be implemented in September 2024 but was delayed due to contract negotiations. The fiscal impact in FY2025 is $985,382.40, with funds available from prior years' certificate of obligation and the Storm Water, Wastewater, Water, and Gas Capital funds. Funding Detail: The Capital Improvement Program (CIP) shows that the project is currently scheduled to begin in FY 2025 and is ready to be implemented. Fund: Street 2024 CO (Fund 3563) Department: Streets (33) Organization: Grants & Capital Projects Funds (89) Project: Corn Products (IH 37 to Leopard) (Project No. 24142) Account: Outside Consultants (550950) Activity: 24142 Amount: $490,000.00 Fund: STWCP RR 032950 2023 (Fund 4536) Department: Storm Water (47) Organization: Grants & Capital Projects Funds (89) Project: Corn Products (IH 37 to Leopard) (Project No. 24142) Account: Outside Consultants (550950) Activity: 24142 Amount: $279,028.93 Fund: Water 2024 CIP (Rv l3ds) (Fund 4491) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Corn Products (IH 37 to Leopard) (Project No. 24142) Account: Outside Consultants (550950) Activity: 24142 Amount: $102,537.19 Fund: Waste Water 2024 CIP (Rv Bds) (Fund 4261) Department: Wastewater (46) Organization: Grants & Capital Projects Funds (89) Project: Corn Products (IH 37 to Leopard) (Project No. 24142) Account: Outside Consultants (550950) Activity: 24142 Amount: $102,537.19 Fund: Gas 2023 CIP (Fund 4562) Department: Gas (11) Organization: Grants & Capital Projects Funds (89) Project: Corn Products (IH 37 to Leopard) (Project No. 24142) Account: Outside Consultants (550950) Activity: 24142 Amount: $11,279.09 TOTAL $985,382.40 RECOMMENDATION: Staff recommend approval of the professional services contract with LJA Engineering for an amount not to exceed $985,382.40 for the Corn Products Road from IH 37 to Leopard Street reconstruction project. The design phase will begin in February 2025, with anticipated completion in May 2026. Construction is expected to start in August 2026 and be completed by April 2028. LIST OF SUPPORTING DOCUMENTS: Location Map CIP Page (Current and Revised) RFQ Selection Score Sheet Presentation RFQ No.5036 Professional Engineering Services FY2024 Streets Proposal Evaluation Score Freese and Nichols UA Engineering Halff Associates HDR Engineering Hanson Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Licensing/Certification +' ®%J 1 V No Material Lawsuits Past 5 Years V, No Material Regulatory Issues Past 5 Years V, References Provided for Firm V Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 7.0 6.3 6.7 6.0 6.3 Demonstrated capability&capacity on comparable projects 7.0 7.0 6.3 6.3 6.0 6.3 Past Performance 7.0 7.0 6.3 6.3 5.6 6.0 Team members with experience and qualifications 7.0 7.0 6.3 6.7 6.0 7.0 Team members experience with work of similar scope and complexity 7.0 7.0 6.3 6.7 6.7 6.0 Availability of resources to accomplish the work 7.0 7.0 6.3 5.6 6.3 4.9 Demonstrated understanding of the scope of services 14.0 14.0 13.3 13.3 13.3 13.3 Demonstrated understanding and experience with a public agency 14.0 14.0 14.0 13.3 13.3 14.0 Subtotal Technical Proposal 70.0 70.0 65.1 64.8 63.0 63.7 Interview Experience on projects of similar scope and complexity 4.0 4.0 3.4 3.4 3.4 3.2 Demonstrated capability&capacity on comparable projects 4.0 4.0 3.4 3.6 3.4 3.0 Past Performance 2.0 2.0 1.7 1.6 1.6 1.6 Team members with experience and qualifications 4.0 4.0 3.4 3.8 3.4 3.2 Team members experience with work of similar scope and complexity 4.0 4.0 3.2 3.2 3.0 2.8 Availability of resources to accomplish the work 2.0 2.0 1.6 1.8 1.7 1.7 Demonstrated understanding of the scope of services 5.0 5.0 4.5 4.5 4.8 4.5 Demonstrated understanding and experience with a public agency 1.0 1.0 4.8 4.3 4.3 4.1 Subtotal Interview 30.0 30.0 26.0 26.2 25.5 24.5 Total Score 100.0 100.0 91.1 90.9 88.5 88.2 North Padre Island Projects Recommended foraward Williams Drive Corn Products Paper Street RFQ No.5036 Professional Engineering Services FY2024 Streets Proposal Evaluation Score Ardurra Pape Dawson AG3 Munoz Engineering J.Schwarz& Associates Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years �I References Provided for Firm Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 5.3 6.0 6.3 4.9 5.3 Demonstrated capability&capacity on comparable projects 7.0 6.0 5.3 5.6 4.6 4.9 Past Performance 7.0 5.6 4.9 6.0 4.9 5.6 Team members with experience and qualifications 7.0 6.0 5.6 5.6 6.0 5.6 Team members experience with work of similar scope and complexity 7.0 5.3 5.6 5.3 5.6 5.3 Availability of resources to accomplish the work 7.0 5.6 5.6 4.6 4.2 4.9 Demonstrated understanding of the scope of services 14.0 11.9 12.6 10.5 11.2 10.5 Demonstrated understanding and experience with a public agency 14.0 13.3 12.6 11.9 11.9 10.5 Subtotal Technical Proposal 70.0 58.8 58.1 55.7 53.2 52.5 Interview Experience on projects of similar scope and complexity 4.0 0.0 0.0 0.0 0.0 0.0 Demonstrated capability&capacity on comparable projects 4.0 0.0 0.0 0.0 0.0 0.0 Past Performance 2.0 0.0 0.0 0.0 0.0 0.0 Team members with experience and qualifications 4.0 0.0 0.0 0.0 0.0 0.0 Team members experience with work of similar scope and complexity 4.0 0.0 0.0 0.0 0.0 0.0 Availability of resources to accomplish the work 2.0 0.0 0.0 0.0 0.0 0.0 Demonstrated understanding of the scope of services 5.0 0.0 0.0 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 5.0 0.01 0.0 0.0 0.0 0.0 0.0 Subtotal Interview 30.0 0.0 0.0 0.0 0.0 Total Score 100.0 58.8 58.1 53.2 52.5 Projects Recommended foraward RFQ No.5036 Professional Engineering Services FY2024 Streets Proposal Evaluation Score Mendez Sames LeFevre Engineering Engineering Engineering Corpus Christi McAllen Port Mansfield Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years �I No Material Regulatory Issues Past 5 Years �I References Provided for Firm Minimum Qualifications Pass/Fail Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 4.6 3.5 3.5 Demonstrated capability&capacity on comparable projects 7.0 3.2 3.5 3.2 Past Performance 7.0 3.2 3.5 3.5 Team members with experience and qualifications 7.0 4.6 5.3 3.5 Team members experience with work of similar scope and complexity 7.0 4.6 5.3 3.9 Availability of resources to accomplish the work 7.0 4.6 3.5 3.5 Demonstrated understanding of the scope of services 14.0 10.5 10.5 8.4 Demonstrated understanding and experience with a public agency 14.0 9.8 7.0 9.8 Subtotal Technical Proposal 70.0 44.8 42.0 39.2 Interview Experience on projects of similar scope and complexity 4.0 0.0 0.0 0.0 Demonstrated capability&capacity on comparable projects 4.0 0.0 0.0 0.0 Past Performance 2.0 0.0 0.0 0.0 Team members with experience and qualifications 4.0 0.0 0.0 0.0 Team members experience with work of similar scope and complexity 4.0 0.0 0.0 0.0 Availability of resources to accomplish the work 2.0 0.0 0.0 0.0 Demonstrated understanding of the scope of services 5.0 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 5.0 0.0 0.0 0.0 Subtotal Interview 30.0 0.0 0.0 0.0 Total Score 100.0 44.8 42.0 39.2 Projects Recommended foraward MProject Name Top Ranked Firrn-JA 2nd Ranked Firmi, PW/Streets 24142 Corn Products Rd (IH 37 to Hopkins Rd) LJA Engineering Halff PW/Streets 24024 Williams Dr- (Rodd Field to Lexington Rd) Freese and Nichols LJA Engineering PW/Streets 24132/ North Padre Island Paper Street 24134 Halff Associates HDR Engineering Seawall/TIRZ 24133 North Padre Island Seawall Hanson Professional #2 Services Freese and Nichols Water / El6290 / CP&Y dba STV CCW 20267 Pressure Plane-Calallen Area Infrastructure Ardurra Water / 23060 South Side Water Transmission Grid CCW Completion HDR Engineering Garver Water / 24020 E. Navigation Blvd Water Line CCW Replacement LAN Halff Water / 23061 16-inch Water Main Extension Hwy 286 to CCW Alameda Halff Associates Ardurra Water / 24100 (Yard Storage Open (CCW) CCW p g J Schwarz Munoz Engineering Water / 24026 ONSWTP Fluoride System Improvements CCW y Hazen and Sawyer Ardurra Water / 23059 ONSWTP Solids Handling & Disposal CCW Facility Ardurra Hazen and Sawyer WW /CCW n/a Citywide Wastewater IDIQ Program Halff Associates Urban WW /CCW 23018 Blucher Park Wastewater Improvements LJA Engineering Halff WW /CCW 24106 Northwest Blvd. Wastewater Infrastructure Urban Engineering Garver Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# 24142 /y v-7; 1 Project Name Corn Products Rd (Interstate 37 to Hopkins Rd) Type Rehabilitation Department Public Works-Streets Useful Life 25 years Contact Director of Public Works . Category Street-Rehabilitation Priority Priority Level 2 Council District 1 Status Active � — Description This project consists of reconstruction of existing 4 lane divided roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage,pavement markings,upgrade street illumination,utility improvements and drainage improvements as needed. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 2,450,000 2,450,000 4,900,000 Design 500,000 500,000 Storm Water-St. 247,500 1,336,500 1,336,500 2,920,500 Wastewater-St 111,375 601,425 601,425 1,314,225 Water-St. 111,375 601,425 601,425 1,314,225 Gas-St. 24,750 133,650 133,650 292,050 Eng,Admin Reimbursements 105,000 547,000 547,000 1,199,000 Total 1,100,000 5,670,000 5,670,000 12,440,000 Funding Sources Prior Years 2025 2026 2027 Total Certificates of Obligation(New) 2,700,000 2,700,000 5,400,000 Certificates of Obligation(Prior) 550,000 550,000 Revenue Bonds 550,000 2,970,000 2,970,000 6,490,000 Total 1,100,000 5,670,000 5,670,000 12,440,000 Budget Impact/Other 71 There is no projected operational impact with this project,at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. 221 Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# 24142 /y v-7; 1 Project Name Corn Products Rd(Interstate 37 to Leopard St) Type Rehabilitation Department Public Works-Streets Useful Life 25 years Contact Director of Public Works . Category Street-Rehabilitation Priority Priority Level 2 Council District 1 Status Active � — Description This project consists of reconstruction of existing 4 lane divided roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage,pavement markings,upgrade street illumination,utility improvements and drainage improvements as needed. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 2,450,000 2,450,000 4,900,000 Design 500,000 500,000 Storm Water-St. 247,500 1,336,500 1,336,500 2,920,500 Wastewater-St 111,375 601,425 601,425 1,314,225 Water-St. 111,375 601,425 601,425 1,314,225 Gas-St. 24,750 133,650 133,650 292,050 Eng,Admin Reimbursements 105,000 547,000 547,000 1,199,000 Total 1,100,000 5,670,000 5,670,000 12,440,000 Funding Sources Prior Years 2025 2026 2027 Total Certificates of Obligation(New) 2,700,000 2,700,000 5,400,000 Certificates of Obligation(Prior) 550,000 550,000 Revenue Bonds 550,000 2,970,000 2,970,000 6,490,000 Total 1,100,000 5,670,000 5,670,000 12,440,000 Budget Impact/Other 71 There is no projected operational impact with this project,at this time.Once the project is completed it will be added to the Street Preventative Maintenance Program. 221 Project Location > r• Location Map ref l� SKYLINE �. IWO r 1 �j HORIZON 1 _ `FOpgRO AIRSTREAM 4FOA �4 , CL F i o OpgRO 1� PROJECT NO. 24142,-.. PIP" III CORN PRODUCTS - CITY COUNCIL EXHIBIT , 1 H 37 TO CITY OF CORPUS CHRISTI,TEXAS y^�►. DEPARTMENT OF ENGINEERING SERVICES LEOPARD / �y Corpus Chr sti Engineering 24142: Corn Products from IH 37 to Leopard Council Presentation February 18, 2025 t- Project Location Corpus ChrSO Engineering Pa dL—o 4.1 Location Map �a vcruwe 40ogRo Y��• Q3 K a "°gym PROJECT NO.24142 2 @Z Project Scope Corpus Chr sti Engineering This motion authorizes the approval of a professional services contract for provide design, bid, and construction phase services for 24142: Corn Products from IH 37 to Leopard Reconstruction Project for an amount not to exceed $985,382.40. The project limits are Corn Products from IH 37 to Leopard Street with approximately 1,460 linear feet (0.28 miles). According to the City's Urban Transportation Plan, this section of Corn Products is classified as a A-2 Arterial. Corn Products is currently an existing four-lane divided roadway with hot-mix asphalt concrete (HMAC) roadway with two travel lane in each direction and surface drainage to divide highway grassy median, with an average width of 24' from roadway edge to roadway edge on both side of the grassy median. Corn Products from IH 37 to Leopard will be designed for both asphalt and concrete pavements. The project scope of improvements includes the complete reconstruction of the existing roadway with new pavement, curbs and gutters, and sidewalks, installation of ADA-compliant curb ramps, signage, pavement markings, upgraded street illumination, utility improvement, and drainage as needed. Project Schedule Corp*ChIst, Engineering 1 1 + 2026 1 + 1 t February - May May - July August - May Design Bid/Award Construction Projected Schedule reflects City Council award in February 2025 with anticipated completion in May 2026. Resolution amending City Council Policy 28 that provides guidelines on whether asphalt pavement (HMAC) or concrete pavement (PCC) should be selected for the construction of arterial and collector streets WHEREAS, the Corpus Christi City Council has requested the Public Works Department reconsider its evaluations for recommending when either asphalt or concrete pavement should be used for the design and construction of streets; WHEREAS, streets will continue to be designed and bid with both asphalt and concrete pavement unless preliminary research by Public Works supports either an asphalt or concrete surface design; WHEREAS, whether a road is classified as a Collector or an Arterial shall be a factor when considering whether a particular surface type is more suitable for the design of a particular street. WHEREAS, the City of Corpus Christi is currently expending funds for engineering design firms to design plans for the bid and construction of City Streets with both concrete and asphalt pavement designs when a street may be more suitable for a particular design; WHEREAS, the FY 2024 policy update includes an emphasis on heavy vehicle traffic (trucks, buses, etc.), constructability, continuity of existing pavement, and the presence of underground utilities for selection of concrete or asphalt pavement; WHEREAS, the Department of Public Works shall use the criteria listed below to determine whether the City Street shall be an asphalt or concrete street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Council Policy 28 is amended as follows: 28. — Guidelines for the Selection of Asphalt or Concrete Pavement for Residential, Collector, and Arterial Streets Design and Construction If the street is classified as a Collector, then Asphalt Pavement will be utilized for the design and construction of the street unless the street has a high heavy vehicle volume (trucks, buses, etc.). In the event the street is located in an industrial area and/or an area with a high percentage of average daily heavy vehicle traffic then concrete pavement will be used for the design and construction of the street. If the street is classified as an Arterial then the underground utilities, constructability, continuity and amount of heavy vehicle traffic will be considered in deciding whether concrete or asphalt pavement should be utilized for the design and construction of the street. When large quantities of underground utilities are present under a street and/or a street is located in an area with a high percentage of average daily heavy vehicle traffic, then concrete pavement will be utilized for the design. 033366 SCAIN NEDi In the event a street is located in an area where the constructability of concrete pavement would not be feasible because of the requirement of continuous driveway access to facilities/residences then asphalt pavement will be utilized for the design of the street. Further the continuity of the existing pavement type shall be considered in the selection of asphalt or concrete pavement. In the event none of the above factors are determinative then street will be designed and j bid with both asphalt and concrete pavement and if the construction cost for concrete pavement is within $125,000.00 per lane mile, which should represent the future anticipated maintenance cost of the asphalt pavement alternative, then the concrete pavement alternative will be used for the construction of the street. .PASSED and APPROVED on the atday of 12024. ATTES ; i�x Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 033366 so G� 0 v AGENDA MEMORANDUM hcaBPOPP1 0 Action Item for the City Council Meeting of February 18, 2025 1852 DATE: February 18, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police Mikema(a-)cctexas.com (361) 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act Fund CAPTION: Resolution authorizing submission of grant application for $333,004.16 to the State of Texas under the Victims of Crime Act for salaries and benefits for five existing civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with a City cash match of $53,803.04 and in-kind services of$29,448.00. SUMMARY: This Resolution authorizes the submission of a grant application for $333,004.16 to the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with a City cash match of $53,803.04 and in-kind services of $29,448.00. Funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime (VOCA) Act, for projects with the primary mission of providing direct services to victims of crime. The Corpus Christi Police Department's Victim Assistance Program qualifies for this grant funding. BACKGROUND AND FINDINGS: The grant provides funding to continue support for the Corpus Christi Police Department's Victim Assistance Program, which provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. As part of this program, victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The victim case managers provide services to victims, including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims' behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted with stabilizing their lives after victimization. The case managers also help victims to understand and participate in the criminal justice system and provide victims of crime with a measure of safety and security. The case managers work closely through coalitions and other agencies in the ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The grant covers salaries and benefits for four Victim Case Managers, one receptionist, as well as equipment, supplies, training, and mileage. The City provides an in-kind contribution in volunteer hours. Interns from Texas A&M University—Corpus Christi as well as volunteers requesting to work with the CCPD contribute the in-kind contribution of $29,448.00. The City contributes $53,803.04 for training, travel, supplies (office, paper, and cell phone), and copy machine as the required 30% match. The grant period will be from October 1, 2025 to September 30, 2026. The City has received the grant for 25 years. Last year, the City received $318,816.56 from this grant. ALTERNATIVES: The alternative is not to submit the grant application; however, the program will be discontinued without the grant funding. The FY 2025 Budget does not include funding for this program outside of this grant. FINANCIAL IMPACT: There is no fiscal impact from applying for The Victims of Crime Act Grant in the amount of $333,004.16. If awarded, there will be a cash transfer from the FY 2025 General Fund to the Police Grants Fund for the City cash match of$53,803.04 and in-kind services of$29,448.00 Funding Detail Fund 1020 Organ ization/Activity: 60035 Mission Element: 29 Project # (CIP Only): N/A Account: 548950 Cash Contribution Amount: $58,803.04 RECOMMENDATION: Staff recommends submission of the grant application to the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of a grant application for $333,004.16 to the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with City cash match contribution of $53,803.04 and in-kind services of $29,448.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application in the amount of $333,004.16 to the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program. SECTION 2. The City Council commits to provide for the applicable cash match contribution of$53,803.04, and $29,448.00 with in-kind services, to fund the salaries and benefits for five civilian positions. SECTION 3. The City Council designates the Chief of Police or designee as Program Director, the grantee's authorized official. The authorized official(s) may apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency. SECTION 4. In the event of loss or misuse of these funds, the City of Corpus Christi assures that the funds will be retuned to the State of Texas, Office of the Criminal Justice Division in full. PASSED AND APPROVED on the day of February, 2025. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor State of Texas Criminal Justice Division FY 2025 Victims of Crime Act Fund Resolution Authorizing Submission of Application Police Department Chief of Police,Mike Markle i�• February 18, 2025 Background Information This Resolution authorizes the submission of a grant application for $333,004.16 to the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program. . Funding is available from the State of Texas, Criminal justice Division, under the Victims of Crime (VOCA) Act, for projects with the primary mission of providing direct services to victims of crime. The City of Corpus Christi is requesting $333,004.16 with a City cash match of $53,803.04 and $29,448.00 for in-kind services . Background Information This grant will provide funding for: The continued support for the Corpus Christi Police Department's Victim Assistance Program, which provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. As part of this program, victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. Background Information The grant period will be from October 1, 2025 to September 30, 2026. The City has received the grant for 25 years and last year the City received $318,816.56 from this grant. If Awarded: Department will come back to Council for Ordinance approval and appropriation of funds. State of Texas Criminal Justice Division FY 2025 Victims of Crime Act Fund Questions ? so G� 0 v AGENDA MEMORANDUM hcaBPOPP1 0 Action Item for the City Council Meeting of February 18, 2025 1852 DATE: February 18, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)cctexas.com (361) 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the FY 2026 Criminal Justice Grant Program for in-car video systems for the Police Department CAPTION: Resolution authorizing submission of a grant application for $62,060.00 to the State of Texas under the Criminal Justice Grant Program for funding for the purchase of 10 additional Panasonic in-car video systems for the Corpus Christi Police Department. SUMMARY: This Resolution authorizes the submission of a grant application for $62,060.00 to the State of Texas under the Criminal Justice Grant Program for funding for the purchase of 10 additional Panasonic in-car video systems for the Corpus Christi Police Department. Federal funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division for the Criminal Justice Grant Program for projects that promote public safety, reduce crime, and improve the criminal justice system. BACKGROUND AND FINDINGS: Federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. In-car video systems have proven to be effective in capturing video that is relevant to successful prosecutions, clearing or substantiating complaints, and documenting events that could create a liable action for or against a municipality or county agency. The Corpus Christi Police Department (CCPD) will use these grant funds to purchase ten additional in-car video systems. The ten additional in-car video systems will expand CCPD's in- car video systems inventory in the effort to ensure that an in-car video is in every enforcement unit. The 10 additional in-car video systems will be placed in CCPD police vehicles that CCPD will order during FY 2025 (delivery of the vehicles is expected for spring 2026). The in-car video systems will be installed into the new police vehicles by a licensed Panasonic vendor as they are built-out for deployment in the field. After the addition of the 10 new in-car video systems, CCPD will have a total of 220 in-car video systems. The project period is from October 1, 2025, through September 30, 2026. The City has received this grant for the past four years. For FY 2025,the City received $39,993.25 in January 2025 from this grant for funding for six in-car video systems. ALTERNATIVES: The alternative is to not submit the grant which would result in CCPD not having the funding to put an in-car video system in every police vehicle in its inventory. The funds for the 10 additional in-car video systems were not budgeted as part of the General Fund Budget. FINANCIAL IMPACT: There is no financial impact at this time. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund —$62,060.00 Mission Element: 151 Project # N/A Account: 520090 — Minor Tools & Equipment RECOMMENDATION: Staff recommends submission of the grant application for funding for the purchase of 10 additional in-car video systems for CCPD, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $62,060.00 to the State of Texas, Criminal Justice Division under the FY2026 Criminal Justice Grant Program to purchase 10 in-car video systems for the Corpus Christi Police Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Criminal Justice Division for$62,060.00 for funding available under the FY2026 Criminal Justice Grant Program to purchase 10 in-car video systems. SECTION 2. There is no City cash-match requirement for this grant. SECTION 3. The City Council designates the Chief of Police as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these State of Texas funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas in full. PASSED and APPROVED on the day of February, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Edward Byrne Memorial Justice Assistance Grant Program FY 2026 Criminal Justice Grant Resolution Authorizing Submission of Application Police Department Chief of Police,Mike Markle February 18, 2025 Background Information Resolution authorizing submission of a grant application for $62,060.00 to the State of Texas under the FY 2026 Criminal Justice Grant Program for the purchase of 10 additional in-car video systems for the Corpus Christi Police Department/ Federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. The City of Corpus Christi is requesting $62,060.00. Background Information This grant will provide funding for: The purchase of ten additional in-car camera systems to expand its current inventory in the effort to ensure that an in-car camera is in every enforcement unit. The 10 additional in-car camera systems will be placed in CCPD police vehicles that CCPD will order in FY 2025 and expects to receive in calendar year 2025. The cameras will be installed by a licensed vendor into the new police vehicles as they are built-out for deployment in the field. After the addition of the 10 new in-car camera systems, CCPD will have a total of 220 in-car camera systems. Background Information The project period is from October 1, 2025, through September 30, 2026. If Awarded: Department will come back to Council for Ordinance approval and appropriation of funds. Edward Byrne Memorial Justice Assistance Grant FY 2026 Criminal Justice Grant Questions ? se �O H, v HCOPpOPAS AGENDA MEMORANDUM zs5 Public Hearing/First Reading for the City Council Meeting of February 18, 2025 Second Reading for the City Council Meeting of February 25, 2025 DATE: January 24, 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Dan ielMc(a)cctexas.com (361) 826-7011 Annexation & Rezoning for Braselton Development Co. (London Towne Unit 10) CAPTION: Annexation and Zoning Case ZN8474 Braselton Development Company, Ltd. (District 3). Ordinance annexing a 63.239-acre tract of land located along the east side of CR 33 (London Pirate Road) and abutting the southside of the Oso Creek per owner petition; approving the related service plan; adding the annexed area to City Council District 3; and rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. SUMMARY: Upon petition by the landowner, Braselton Development Company, Ltd., this ordinance will annex the proposed London Towne Unit 10 residential subdivision located along the east side of CR 33 (London Pirate Road) and abutting the southside of the Oso Creek. The ordinance will also rezone the property to "RS-4.5" Single-Family 4.5 District for the creation of approximately 250 single-family lots and assign the area to Council District 3. Staff recommends approval. BACKGROUND AND FINDINGS: Description of the Request Braselton Development Company, Ltd., landowner, is planning the final phase of the London Towne subdivision located on the east side of London Pirate Road north of the London ISD schools and abutting the Oso Creek. The site is outside city limits but contiguous with the current city limit line on all sides of the property, therefore, eligible for annexation. The landowners requested annexation to secure City services for their development. At the same time, the landowner requests a rezoning to "RS-4.5" Single- Family District. Description of the Proposed Developments The proposed 63-acre London Towne Unit 10 will be zoned "RS-4.5" Single-Family 4.5 District allowing minimum lot sizes of 4,500 square feet and creating roughly 250 single- family lots. The current proposal shows two entrances off London Pirate Road, park areas, wetlands or drainageways, and landscaped areas with property values being dependent on the area market rates. The final plat or layout and plans for infrastructure have not been submitted for City approval. Increased drainage from the new development cannot flow onto the City's adjacent property. City Services to Subject Property The City provides services to nearby recently annexed areas. The landowner has agreed to a Municipal Service Plan. London Towne Unit 10, like the immediate vicinity, is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction. The proposed subdivision will receive City water and wastewater services and will connect to utility lines recently constructed to serve the area. The City will provide street maintenance services for newly constructed roads within the subdivision. The developer is required to account for any increased stormwater runoff and provide private on-site mitigation as needed. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. Compliance with City Annexation Guidelines The City will evaluate property owner-initiated requests for annexation based on criteria stated in the Annexation Guidelines. The proposed annexation meets the following criteria: Criteria 1. To protect public health and safety by: c. Preventing unregulated development in areas that: (i.) will have an adverse impact on adjacent areas within the City. Criteria 2. To provide municipal services to: a. Residential, commercial, and industrial land uses that would benefit from a level of service calibrated for a city rather than an unincorporated area. Criteria 3. Where property location is in: b. Areas contiguous to the City limit for which dense urban or suburban development activity is anticipated. Criteria 5. Based on economic and fiscal impacts: c. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. d. Annexation to ensure that areas benefiting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. e. (i.) An owner-initiated application for single-family residential development is unlikely to prove a positive fiscal impact and a fiscal impact analysis should not be used exclusively to evaluate an annexation. Therefore, other criteria should factor into the decision to annex. ALTERNATIVES: The land could remain outside city limits (OCL) and the City could offer the landowner an OCL water and wastewater contract for services, however, doing so would not be consistent with recent policy decisions or annexations and would not generate city tax revenue for an area that already benefits from existing City services. Therefore, this alternative is not a recommended course of action. FISCAL IMPACT: Departments indicated they could absorb the cost of providing services to the proposed development within current budgets. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. Staff and Planning Commission recommend approval of the requested rezoning. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Property Descriptions, Municipal Service Plan) Zoning Report Presentation Annexation and Zoning Case ZN8474 Braselton Development Company, Ltd. (District 3). Ordinance annexing a 63.239-acre tract of land located along the east side of CR 33 (London Pirate Road) and abutting the southside of the Oso Creek per owner petition; approving the related service plan; adding the annexed area to City Council District 3; and rezoning from the "FR" Farm Rural District to the "RS- 4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements have been made pursuant to Texas Local Government Code §43.016; WHEREAS, on September 18, 2024, the landowner, Braselton Development Company, Ltd., signed a petition requesting annexation of 63.239 acres of land out of Section D, Laureles Farm Tracts (Tax ID 4250-0000-4500) for the proposed London Towne Unit 10 subdivision ("Subject Property"); WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into a Municipal Service Plan Agreement with the owner of land in the area for the provision of services in the area to be annexed; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, Texas, following the publication of notice of the hearing in a newspaper of general circulation in Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined land and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, the City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, the City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, the City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. WHEREAS, the area being annexed has no residence and is contiguous to City Council District 3; Page 1 of 3 WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the Subject Property; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning 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 Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the property 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 foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. A 63.239-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, located along the east side of CR 33 (London Pirate Road), north of FM 43, and abutting the southside of the Oso Creek, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on 63.239 acres, as described in Exhibit "A" and shown in Exhibit "B," from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. SECTION 5. 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 6. 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. Page 2of3 SECTION 7. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION B. 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 9. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. The City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 12. The City Secretary is hereby directed to file a certified copy of this ordinance with the County Clerk of Nueces County, Texas. SECTION 13. The boundary of the existing Single-Member Council District #5 for the City of Corpus Christi is hereby amended to add the areas annexed as shown in Exhibit A. SECTION 14. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 3 Exhibit A Legal Description State of Texas § County of Nueces§ BEING a 63.239-acre annexation tract and being a part of the remaining portion of a 173.21- acre tract out of Section"D", Laureles Farm Tracts according to the map recorded in Volume 3, Page 15 of the Map Records of Nueces County,Texas and the herein described 63.239-acre tract being further described by metes and bounds as follows: BEGINNING at a point in the apparent Southeasterly right-of-way line of London Pirate Road (formerly County Road 33), said point being in the South line of that called 64.00-acre tract of land described in Document No. 2020001025 of the Real Property Records of Nueces County,Texas, same being the North line of that called 3.472-acre tract of land described in Document No. 2021002859 of the Real Property Records of Nueces County, Texas and said point being in the Easterly line of that 3.733-acre tract annexed by City of Corpus Christi Ordinance 032436 dated May 18, 2021, and in the North line of that 10.817- acre tract annexed by City of Corpus Christi Ordinance 033094 dated July 18, 2023; THENCE North 20014'19" East with the apparent Southeasterly right-of-way line of London Pirate Road (formerly County Road 33) and with the existing Corpus Christi City Limits line as described in City of Corpus Christi Ordinance 032436 for a distance of 1,175.93 feet to a point for a Northeast corner of said City Limits line; THENCE with a North line of said City Limits South 89031'58"West, crossing the apparent right-of-way of County Road 33 for a distance of 32.08 feet to a 1- inch iron pipe found in the apparent Northwest right-of-way line of London Pirate Road (formerly County Road 33), said iron rod being the Southeast corner of that 141.66-acre tract annexed by City of Corpus Christi by Ordinance 033002 dated March 21, 2023; THENCE North 30014'19" East with the Southeast line of said 141.66-acre annexation tract and the apparent Northwest right-of-way line of County Road 33 and the Northwest line of that called 64.00 acre tract of land described in Document No. 2020001025 of the Real Property Records of Nueces County,Texas for a distance of 1,295.18 feet to a point for corner from whence a 1 inch iron pipe bears North 50005'24" East 1.42 feet; THENCE, continuing with the City of Corpus Christi City Limits as described in Ordinance 033002, North 40059'48" East and with a Southeast line of said 141.66-acre annexation tract and with a Northwest Line of said 64.00-acre tract for a distance of 1,363.90 feet to a 1-inch iron pipe found at the Northeast corner of said 141.66-acre annexation tract and the most Northerly Northwest corner of said 64.00-acre tract; THENCE continuing with the existing City of Corpus Christi City Limits and with the North line of said 64.00-acre tract and along the approximate South bank of Oso Creek, South 84052'02" East for a distance of 321.23 feet, more or less,to an angle point in the existing City Limits of the City of Corpus Christi and the Northeast corner of said 64.00-acre tract; THENCE with a Westerly line of the existing City of Corpus Christi City Limits and with the Southeast line of said 64.00-acre tract South 18003'29"West for a distance of 3,477.35 feet, more or less,to the Southeast corner of said 64.00-acre tract, and a corner of the existing City of Corpus Christi City Limits; THENCE with the South line of said 64.00-acre tract and with the existing City of Corpus Christi City Limits South 89013'29"West with the South line of said 64.00-acre tract and with the North line of a 10.817—acre tract annexed by Ordinance 033094 dated July 18, 2023 for a distance of 959.60 feet to the POINT OF BEGINNING, containing in area 63.239 acres of land, more or less. This description is based on a survey made on the ground under my supervision in May, 2024 and it accurately represents the property herein described to the best of my knowledge and belief. Coordinates and bearings are based on the Texas State Plane Coordinate System, South Central Zone, NAD83(2011). OF Jo D. Mercer RPLS#1924 •JOHN D. MERCER . Lynn Engineering, LLC '. 1924 Surveying Firm No. 10116600 91 OSO CREEK EXISTING CITY LIMITS N S84'54'02"E / EXHIBIT B 321,23' � / W E ANNEXATION PLAT �� s �o %' / SCALE: 1"=500' 141.66 ACRES ANNEXATION ORDINANCE 033002 MARCH 21, 2023 J /M / ' 63.239 AC. �v OUT OF A CALLED �N CITY OF 64.0497 ACRE TRACT o CORPUS CHRISTI v DOC.# 2020061025 REAL PROPERTY RECORDS /c) Z� NUECES COUNTY, TX / / S89'31'58"W / 32.08' / / CERTIFICATE OF SURVEYOR LONDON PIRATE RD. rn1./ /^ / LANDESUUNDERSIGNED, REGISTERED PROFESSIONAL THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS ANNEXATION PLAT IS TRUE AND 3.733 ACRES � / CORRECT TO THE BEST OF MY KNOWLEDGE AND ORDINANCE o� t'' / BEUEF AND THAT IT WAS PREPARED AFTER AND ON ANNEXATION O 03243 /•� / THE GROUND SURVEY UNDER MY SUPERVISION. MAY 18, 2021 /^ OF.T,�c =N POINT OF / ,�P.�•,G1S TER�:,� / BEGINNING / �•................ / � •JOHN D.MERCER 959.60' S89'13'29"W HN D. MERCA, 10.817 ACRES REGISTERED PROFESS Fla SURVEYOR NO. 1924 ANNEXATION ORDINANCE TEXAS REGISTERED SURVEYING FIRM 10116600 033094 JULY 18, 2023 7 161.56 ACRES ANNEXATION ORDINANCE 031822 JULY 30, 2018 L Y N N E G C 2200 AVENUE A I OF I TEXAS REGISTERED ENGINEERING FIRM F-324 BAY CITY,TEXAS 77414 TEXAS REGISTERED SURVEYING FIRM 10116600 PH.(361)782-7121 JOB NO. 30.101601.000 EXHIBIT C This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"') and Braselton Development Company, Ltd. ("Landowner"), both of which may be referred to herein singularly as "Party"or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 63.239 acres of land situated in Nueces County, Texas, as specifically described in Metes and Bounds attached as Exhibit A and map in Exhibit E ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. 1 Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid !Baste Collection: Services to be Provided. After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Dater Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided. The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions 2 thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Code, Corpus Christi Unified Development Code, and Utility Department Policies and Engineering Standards; provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. . (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. 3 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. 4 (1) !Dater and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. 5 Section 7. Force Maieure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 9. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. !Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this 6 instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binding Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER By. eter Zanoni, Fre3 Braselton, Manager City Manager Braselton Development Co., Ltd Date: �` • �• Date: 3LA15 APPROVED AS TO FORM: By: 6l ��s Buck Brice Deputy City Attorney for the City Attorney 7 EXHIBIT A METES AND BOUNDS Exhibit A Legal Description State of Texas 9 County of Nueces BEING a 63.239-arse annexation.ract ano being a oart of the rornair.ing portion of a 173.21- acre tract out or Section"D",Laureles I arm Tracts according to the map recordnd In Volume 3,Page 15 of the Map Records o`Nueces County,Texas and the herein described 63.239-acre tract being further described by metos end bounds as follows: BEGINNING at a point in the apparent Southeasterly right-of-way lino of-ondon Pirate Road(former(y County Road 33),said point being in thn South fine of that called 64.00-acro .Tact of land described in Document No.2020001025 of the Real Property Records of Nueces County, Texas,samo being tree North line of that called 3.472-acre tract of land coscribed In Document No.2021002859 of tha Rout Property Records of Nueces County, Texas and said point being in the Easterly line of that 3.733-acre tract annexed by City of Corpus Christi Ordinance 032436 dated May 18,2021,and In the North line of that 10.817- acre'fact annexed by City of Co-pus Christi Ordinance 033094 dated July 18,2023; TI IENCE North 20014'19"East with the apparent Southeasterly right-of-way line of London Pirate Road(formerly County Road 33)and with the existing Corpus Christi City Limits line as described In City of Corpus Christi Ordinance 032436 for n distance of 1,175.93 feet to a point for ra Northeast corner of said City Limits line; THENCE with a North line of said City Limits South 89031'58"West,crossing the apparent right-of way of County Road 33 for a distances of 32.08 feet to a 1-inch iron pipe found in the apparent Northwest right-of-way line of London Pirate Road(formerly County Road 33). said iron rod being the Southeast corner of that 141.66-acre tract annexed by City of Corpus Christi by Ordinanco 033002 dazed March 21,2023; THENCE North 30014'19"East with the Southeast line of said 141.66-acre annexation tract and the apparent Northwest right-of-way line of County Road 33 and the Northwest line of that called 64.00 acre tract of land described in Document No.2020001025 of the Real Property Records of Nuocos County,Texas for a distance of 1,295,18 foot to a point for corner from whenco a 1 Inch iron pipe bears North 50005'24"East 1.42 feet; THENCE,continuing with the City of Curpus Christi City Limits as described in Ordinance 033002,North 40059'48"East and with a Southeast line of saki 141.66-acre annexation tract and with a Northwest fine:of said 64.00-acre tract for a distance of 1,363.90 feet to a 1-inch iron pipo found at the Northeast corner of said 141.66-acre annexation tract and the most Northerly Northwest corner of said 64.00-acre tract; 8 THENCE continuing with the existing City of Corpus Christi City Limits and with the North Linn of said 64.00-acre tract and along the approximate Snuth bank of Oso Creek,South 84052'02"East fora distance of 321.23 feet,more or less,to an angle point in the existing City Limits of the City of Corpus Christi and the Northeast corner of said 64.00-acre tract; THENCE with a Westerly line of the existing City of Corpus Christi City Limits enc with tho Southeast line of said 64.00-acro tract South 18"03'29"West for a distance of 3,477.35 foot,more or less,to the Suutheas,.comer of said 64.00-acre tract,and a corner of the existing City of Carpus Christi City Limits; THENCE with the South lino of said 64.00•acre tract and with the existing City of Corpus Christi City Lrmits South 891113'29"West with the South line of said 64.00-acre traut and with the North line of a 10.817-acre tract annexed by Ordinance 033094 datec July 18, 2023 for a distance of 959.60 feet to the PO,NT OF BEGINNING,containing in area 63.239 acres of land,more or less. This description is based on a survey made on the ground under my supervision:n May, 2024 and it accurately represents the property herein described to the best a'my knowledge and belief. Coordinates and bearings are based on the Texas State Plane Coordinate Systerri,Soutn C antral'!_one, NAD83(2011). • ��-, col`ram.,., 1ofk D.Mercer,RPLS#1924 •l0141N o.4ERCsB. Lynn Lngineering,LLC .•192A.. •tr�y� Surveying Firm No. 10116600 �� 9' �O'r Y -�_- 9 EXHIBIT E ANNEXATION AREA MAP OSO CREEK EXISTING CITY LIMITS R G FXXHIBI1 8 321.23 / to t o ANNEXATI-ON PLAT �144� >; 0 SCAL-E: '"-500' 141.66 ACRFS ANNEXATION ORC;NANCL 0330".7 f h MARCH 21, 2023 / G3.239 AL: f' lk +� IJUI 0, A UAI I F ry CITY GF 4,f 64.0497 ACRE 7;kCT �"? CORPUS I'll n OOC.p" 202006'C25 REAL PROPL121Y RF(WDcZ /` !4 NULCES COUN-Y, 7X ;- SB9'31'S8"►Y f 32,08' / r LONDON PIRATE R0.—,-_ f J FFT1fICATE OT SJNV[YCR 1. HE U%)ERSIGNED,A NEGISTFRFO FROFF.SSI0%& {AND SUNVEYUN IN 1HE STATE OF TEXAS, .1mDY }' CERTIIY TFFAT'HS M%EYATION PIAT IS TRUE MO L�$r ;1 7,13 ACR1 S f CDRRECI ID IHt HEST OF MY KNDW,FT7G--AND ANNEXATION ORCINANCE "i"i f BELIEF AND IHAF II 'WAS PHLIAREO ArfFR N4D CN 13,524,56 f TIIE GROUND SUhvLY YI�f )FR MY SUPEIGN. MAY 1R, 2021 � / F R'NS f/Iry � POINT OF 13ECINNINC I ..4..... J i //• wN' NiR,F{CEft ja .. 1121 t Hh 0 NERCF � y' •;. f 10.—KI I ACRLi f GISTERED PROFES,"" Pell 51.RvTYn? Nt`. 1.974 ! AtnNL XAFION ORDINANCE f TEXAS REc45LW.D sURwymo FlRN 1nt•Eeno 033094 r 6T r ANNEXATION ORDINA`JC:F + 031822 JULY :SO, 2018 L Y N 0 P N E ll N0 27,o AVFNUF A I OF I TEXAS RLG151E RE.O ENGINEERING FIRM F-324 "1 DAY CITY TEXAS 77414 J361)/82-7121 _ TEXAS Rf-_GISTERCU SURVEYING FIRM 14110A{IO PH. — � - � JOB No. 30.101601.000 10 ZONING REPORT CASE ZN8474 Applicant & Subject Property District: 3 (Upon Annexation) Owner: Braselton Development Company Limited Applicant: Braselton Development Company Limited Address: A property at or near CR-33 (County Road 33) and FM-43 (Farm-to-Market) Road, located along the east side of CR-33, north of the Agape Ranch Subdivision, and south of the Oso Creek. Legal Description: 63.239 acres out of Section D, Laureles Farm Tracts Acreage of Subject Property: 63.239 acres. (See Attachment A — Metes and Bounds). Zoning Request From: "FR" Farm Rural District (Upon Annexation) To: "RS-4.5" Single-Family District 4.5 Purpose of Request: To allow a medium-density residential subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "OCL" Outside City Limits Agricultural Medium-Density Residential Vacant, Water (Oso Creek), North "OCL" Outside City Limits Drainage Corridor, Floodplain conservation, Oso Creek Medium-Density Residential "RS-6" Single-Family 6, Agricultural, South "FR" Farm Rural Public/Semi-Public Medium-Density Residential Water (Oso Creek), East "FR" Farm Rural Public/Semi-Public, Floodplain Conservation, Medium-Density Residential "RS-6" Single-Family 6, Vacant, Floodplain Conservation, West `°RS-4.5" Single-Family 4.5 Agricultural Medium-Density Residential Plat Status: The subject property is not platted. A preliminary plat is required for land subdivision in excess of 5 acres. A master preliminary plat is currently under review. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. The property is outside city limits. Transportation and Circulation Designation Section Proposed Section Existing County Road 75-Foot ROW 60-Foot ROW 4 Lanes 33 (CR-33) "C3" Primary Collector No Median/Center 2 Lanes, Turn Lane No Median/Center Turn Lane Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: The subject property is within a 3.5-mile radius, a right-of-way within city limits, east of the Oso Creek, at Weber Road. Utilities Gas: 4-inch PE (active and public) grid main exists along west side of CR-33. Stormwater: None. Wastewater: A 16-inch PVC (active and public) force main exists along the eastern boundary of the subject property. Water: A 16-inch PVC (active and public) transmission line exists along CR-33. 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 London ADP (Adopted on March 17, 2020). Water Master Plan: The subject property is outside the City's master plan area. Wastewater Master Plan: Improvements include future gravity mains (project 198). Stormwater Master Plan: The subject property is outside the City's master plan area. Roadway Master Plan: The subject property is outside the City's master plan area. Public Notification Number of Notices Mailed 8 within a 200-foot notification area 5 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area (0 individual property owner(s) Public Hearing Schedule Planning Commission Hearing Date: December 11 , 2024 City Council 1st Reading/Public Hearing Date: February 18, 2025 City Council 2►,d Reading Date: February 25, 2025 Background: The subject property is a vacant and undeveloped 63-acre tract of land, as submitted by metes and bounds, within the London Area, immediately at the outer periphery of the city, south of the Oso Creek, west of the Oso Creek, and north of FM-43. To the south of the subject property is the "RS-6" Single-Family 6 zoned, medium-density, Agape Ranch subdivision, annexed and rezoned in July 2023. The property to the east was annexed in September 1995 and granted a "FR" Farm Rural District upon annexation, with a current land use of Public/Semi-Public use. The properties west of CR-33 and the subject property are zoned "RS-6" Single-Family 6 and "RS-4.5" Single-Family 4.5 District, with primarily an agricultural use and a portion vacant near the Oso Creek. They were annexed into the city limit in the last five years. The "RS-4.5" allows single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. While the "FR" Farm Rural District, to be granted upon annexation, permits single-family detached houses, group homes, and limited public and civic uses as well, it also resource extraction uses, and agricultural uses; the lot size requirement is 5 acres, rather than the 4,500-square-foot minimum area of the "RS-4.5" district. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. o New cost-effective residential subdivisions are established in high-growth corridors to support the demand for new housing. ■ Support the protection of areas in high-growth corridors within the City's ETJ. ■ Promote orderly development with fairness to all taxpayers and ratepayers while keeping in mind impacts to the affordability of housing. o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Annexation plans provide for orderly growth and industrial agreements in the ETJ (Extra- territorial jurisdiction). Orderly Development: Development that occurs and is managed by local government according to adopted land use plans and utility master plans, thereby providing cost-effectiveness and land use compatibility. ■ Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. ■ Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic City investments in infrastructure to promote orderly and efficient development in the ETJ. London ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the London ADP and is consistent with the FLUM 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: o The proposed rezoning is consistent with the FLUM's (Future Land Use Map) designated medium-density residential use and many broader elements of the City of Corpus Christi Comprehensive Plan. o The subject property is suitable for the uses to be permitted by the proposed amendment; and is compatible with the present zoning and conforming uses of nearby property. Planning Commission and Staff Recommendation (December 11, 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 TR" Farm Rural District, upon annexation, to the "RS-4.5" Single-Family 4.5 District. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit Exhibit A Legal Description State of Texas§ County of Nueces§ BEING a 63.239-acre annexation tract and being a part of the remaining portion of a 173.21- acre tract out of Section"D", Laureles Farm Tracts accordingto the map recorded in Volume 3, Page 15 of the Map Records of Nueces County,Texas and the herein described 63.239-acre tract being further described by metes and bounds as follows; BEGINNING at a paint in the apparent Southeasterly right-of-way line of London Pirate Road (formerly County Road 33), said point being in the South Line of that called 64.00-acre tract of land described in Document No.2020001025 of the Real Property Records of Nueces County,Texas, same beingthe North line of that called 3.472-acre tract of Land described in Document No.2021002859 of the Real Property Records of Nueces County, Texas and said point being in the Easterly line of that 3.733-acre tract annexed by City of Corpus Christi Ordinance 032436 dated May 18, 2021,and in the North line of that 10.817- acre tract annexed by City of Corpus Christi Ordinance 033094 dated July 18, 2023; THENCE North 20014" 9"East with the apparent Southeasterly right-of-way line of London Pirate Road(formerly County Road 33)and with the existing Corpus Christi City Limits line as described in City of Corpus Christi Ordinance 032436 for a distance of 1,175.93 feet to a point for a Northeast corner of said City Limits line; THENCE with a North line of said City Limits South 891131'58"West,crossingthe apparent right-of-way of County Road 33 fora distance of 32.08 feet to a 1-inch iron pipe found in the apparent Northwest right-of-way line of London Pirate Road (formerly County Road 33), said iron rod being the Southeast corner of that 141.66-acre tract annexed by City of Corpus Christi by Ordinance 033002 dated March 21,2023; TH ENCE North 30014"9"East with the Southeast line of said 141.66-acre annexation tract and the apparent Northwest right-of-way line of County Road 33 and the Northwest Line of that called 64.00 acre tract of land described in Document No.2020001025 of the Real Property Records of Nueces County,Texas for a distance of 1,295.18 feet to a point for corner from whence a 1 inch iron pipe bears North 50005'24"East 1.42 feet; THENCE, continuing with the City of Corpus Christi City Limits as described in Ordinance 033002, North 40059'48"East and with a Southeast line of said 141.66-acre annexation tract and with a Northwest Line of said 64.00-acre tract for a distance of 1,363.90 feet to a 1-inch iron pipe found at the Northeast corner of said 141.66-acre annexation tract and the most Northerly Northwest corner of said 64.00-acre tract; THENCE continuing with the existing City of Corpus Christi City Limits and with the North line of said 64.00-acre tract and along the approximate South bank of Oso Creek,South 841152'02"East for ad istance of 321.23 feet, more or less,to an angle point in the existing City Limits of the City of Corpus Christi and the Northeast corner of said 64.00-acre tract; THENCE with a Westerly line of the existing City of Corpus Christi City Limits and with the Southeast line of said 64.00-acre tract South 18°03'29"West for a distance of 3,477.35 feet, more or less,to the Southeast corner of said 64.00-acre tract, and a corner of the existing City of Corpus Christi City Limits; THENCE with the South line of said 64.00-acre tract and with the existing City of Corpus Christi City Limits South 89113'29"West with the South line of said 64.00-acre tract and with the North line of a 10.817-acre tract annexed by Ordinance 033094 dated July 18, 2023 for a distance of 959.60 feet to the POINT OF BEGINNING,containing in area 63.239 acres of land, more or less. This description is based on a survey made on the ground under my supervision in May, 2024 and it accurately represents the property herein described to the best of my knowledge and belief. Coordinates and bearings are based on the Texas State Plane Coordinate System,South Central Zone, NAD83(2011). W-4'� O i :.. .`.. Jo D. Mercer, RPLS#1924 �JOHN D.MERCER Lynn Engineering, LLC -� . 924 :V��4� Surveying Firm No. 10116600� i� ! OSO CREEK EXISTING CITY LIMITS N S84'54'02"E EXHIBIT B 321.2.3 ] W E ANNEXATION PLAT �� g >x o rfl�, SCALE: 1"=500' 141.66 ACRES ! I ANNEXATION ORDINANCE C r 033002 MARCH 21, 2023 = 63.239 AC. �3 OUT OF A CALLED �h� CITY OF 64.0497 ACRE TRACT o CORPUS CHRISTI a DOC.# 2020061025 ��4 /v REAL PROPERTY RECORDS V ! U NUECES COUNTY, TX I ! S89'31'58"W 1 32.C8' / CERTIFICATE OF SURVEYOR LONDON PIRATE RD. ! ! I UNDERSIGNED.1. THE PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS ANNEXATION PLAT IS TRUE AND 3.733 ACRES /� ! CORRECT TO THE BEST OF MY KNOWLEDGE AND ANNEXATION ORDINANCE o� ! BEUEF AND THAT IT WAS PREPARED AFTER AND ON 032436 !• THE GROUND SURVEY UNDER MY SUPERVISION. MAY 18, 2021 OF =ry POINT OF P•• 15TF �� ! BEGINNING �• .. JOHN D.IynERCFR S89'13'29"W { MERC 10.817 ACRES GISTERED PRO 71U1Y AD SURVEYOR NO. 1924 ANNEXATION ORDINANCE TEXAS REGISTERED SURVEYING FIRM 10116600 033094 qIV2-[I- JULY 18, 2023 161.56 ACRES ANNEXATION ORDINANCE - 031822 JULY 30, 2018 LYNNENGI NEE RING 2200 AVENUE A 1 OF 1 TEXAS REGISTERED ENGINEERING FIRM F-324 I BAY CITY,TEXAS 77414 TEXAS REGISTERED SURVEYING FIRM 10116600 PH.(361)782-7121 JOB NO. 30.101601,000 (B) Existing Zoning and Notice Area Map 7 i $ R - RS-6 sUB,EC 9 PROPERTY 6 4 FR 5 RS-4. 5 v� 2 RS-6 3 CASE: ZN84 74 N R' E Zoning and notice Area RM-1 Multifamily IL Light Industrial RM-2 MuHdamily2 IH Heavy l nd uetrial RM-3 Multifamily3 PUD Plan aed Unit Dev.Overlay ON Professional Oftice RS-10 Single-Family 10 RM,Multilem ily AT RS-6 Sin9le-Family6 GN-1 Neighborhood Commercial RSd.5 Singlefamily 4.5 CN-2 Neighborhood Commercial IRS-TF Two.Family _ CRA Resort Commercial RS-15 Single-Family lS CR-2 Resort Commercial RE Residerrtial Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial Sp Special Penn it CI lmo-ive Commercial RV Recreational YehiGe Park E] CBD Downtown Com merciel RMH Manufactured Home CR-3 Resort Com merciel FR Farm Rural H Ai.,.1 c cyerlav SUBJECT BP 13uel neas Park PROPERTy Subpcf Pmp- O�yrsrs ,0 200'b Re ur fawr 4 owac,�wrcn;R zoo usree a„ owmers city0l, ESA,HERE .. arta<hedowrrershgfaAk Xinwwotimr Colpub LOCATION MAP Christi London Towne Unit 10 Annexation and Rezoning Public Hearing and First Reading Ordinance City Council Presentation February 18, 2025 Location po N Subject Property „ C Annexation Area 1_ W N Ts---- -i '. — — — �mo-r cum �� London Towne Unit 10 Master Plan oQ - ❖ 63 acres N ❖ Rezone to RS-4.5 Single-Family ' u ❖ Minimum of 4,500 SF lot sizes ❖ 250 dwellings units f •• Two entrances off London Pirate Rd. o• Proposed open spaces and wetland/drainage areas. "" y Y 3 .gyus cr �o o� v acanroeaZ 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of February 18, 2025 Second Reading for the City Council Meeting of February 25, 2025 DATE: January 24, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Development Services Department Michaeld3@cctexas.com (361) 826-3596 Rezoning for a property at or near 3601 Interstate Highway 69 (IH 69) CAPTION: Zoning Case No. ZN8539, 2AVH Calallen, LP. (District 1). An ordinance rezoning a property at or near 3601 Interstate Highway 69 (IH 69) and 3362 County Road 52 (CR 52) from the "FR" Farm Rural 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). SUMMARY: This item is to rezone the property to allow for commercial development to include retail and restaurant uses. BACKGROUND AND FINDINGS: The subject property is currently zoned "FR" Farm Rural District and consists of vacant property and has remained undeveloped since annexation in 1995. To the north is a property zoned "RS-6" with Estate Residential uses. Further to the north is a Wal-Mart zoned "CG-2" General Commercial District. To the south, agricultural uses are zoned "RM-2" Multifamily District and "CG-2" General Commercial District. To the east across Interstate 69. To the west are agricultural and commercial uses zoned "RS-6" Single- Family 6 District and "CG-2" General Commercial District. "CG-2" General Commercial District is also located central to the subject property and is currently a Hobby Lobby, an arts and crafts and home decor retail store. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and indoor recreation uses (including bars and nightclubs). The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • The expansion of business uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. (Policy Statement E). • Large-scale commercial uses are encouraged on both sides of US 77 (IH-69) north of Robstown. (Policy Statement F). During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved; through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D), limitations on hours of operations with certain site features (UDC §7.2.7.B.1.a), and visual barriers such as landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.B). Public Input Process: Number of Notices Mailed: 9 notices were mailed within the 200-foot notification area, and 3 outside the notification area. As of January 17, 2025 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 (January 8, 2025): Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "CG-2" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8539, 2AVH Calallen, LP. (District 1). Ordinance rezoning a property at or near 3601 Interstate Highway 69 (IH 69) and 3362 County Road 52 (CR 52) from the "FR" Farm Rural 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). 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 25.2 acres out of Lot 8, Block 1, Nueces River Irrigation Park, as described and shown in Exhibit "A" and "B" from: the "FR" Farm Rural District to the "CG-2" General Commercial District. The subject property is located at or near 3601 Interstate Highway 69 (I1-1-69). Exhibit A, a metes and bounds with description and 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 , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 5 Exhibit A p ved 10 ' ��e�`aa �9 s _ as p •sfis11 �� e� � _p{ MIM � d e§, Hue Ili �j 11 �::"01e1lit WNS � �� 1111 11111111111 mgo s g 1 PIP ��� Hoops� un IS I OR 4:9 ji` 0 d a a NOR l OW --------------- ----- -w--- __ � g� pa ��1�1 � a kl 1y Ili 1 1 1���p 1 go 10.1 " 1 �� 19ap.&1e5161c.4u � — � P 9 Page 3 of 5 01 0 AW21% d WIN Q MR J I wil in U. w In! 11; 4 1 1 p 111mul in[1 1 1 1 101 1 1 1 1 11 IM (nil ism W M PH I Hu " 11 N H if i I"u 11 1 11 fis I I 1 1, 'a 'i UPT 1 to 1 1: H, HAU I lots HIP py 1 Two N, mlsPH 11R H u Hil . In i 1 Iq ......m " Fog ----------- - kp-------- ___�� a a��,a .— - .. —, -1 T *'� I I 'W w NMI I 4D ------ ----------- -------------------- ------- 11 . �. \ lqp OPP ion IT Mom Ho AN Page 4 of 5 Exhibit B CG-2 5 9 6 a a� S-6 h a o G a q+ 4 11 sua�Ecr PROPERTY Q CG-2 2 1 CG-2 Q CG-23 a ry a a � CR 52 CR ti = 7 R Nl`2 8 -RI 2.11 7A C-G CG=2 CASE: ZN8539 Zoning and notice Area ---- Wr RM-1 Multifamil 1 4`1 5 Y IE Light Industrial I RIM Meltifamily2 It Heavy lndestrial — RM-3 Multifamily3 PUB Planned Unit Dev.Overlay OR Professional Off— RS-10 Single-Family 10 RMlT Meltifamily AT RS-6 Single-Femily6 xptn,nni Wa CH-1 Noighbarhood Commercial RSd.5 Single-Family 4.5 CN-2 Ne ighborhood Commercial RS-TF Twa-Family CR-1 Resort Commercial RS-15 Single-Family 15 t b CR2 Resort Commercial RE Residential Estate pa CG-1 General Commercial RS-TH Townhouse &' CG2 General Commercial SP Special Permit <� CI Intensive Commercial RV Recreational Vehicle Park CBO Downtown Cammem ial RMH Manufactured Home c CR-3 Resort Commercial FR Tann Rural H Hisraric Overlay UBJECT BP Business Park PROPERTY �aoreu P.anem 4 m'tr1e1S v = Rh 200'buffer V fams 4 ownea w.l6m sddasrea a7 y owae�x�arne°°wnarsnro range mappoailiw� 9 u Esri,HEREL OATO CC a MAP ? - Page 5 of 5 ZONING REPORT Case # ZN8539 Applicant & Subject Property District: 1 Owner/Applicant: 2AVH Calallen LP Address: 3601 Interstate Highway 69 (IH 69), located along the west side of IH 69 and the north side of County Road 52 (CR 52), on the northwest corner of IH 69 and CR 52. Legal Description: 25.2 acres out of Lot 8, Block 1, Nueces River Irrigation Park Acreage of Subject Property: 25.2 acres Pre-Submission Meeting: November 22, 2024 Zoning Request From: "FR" Farm Rural District To: "CG-2" General Commercial District Purpose of Request: To allow for commercial development to include retail and restaurant uses. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Agricultural, EstateResidential Medium-Density Residential North "RS-6" Single-Family 6 Low Density Residential Medium-Density Residential "RM-2" Multifamily, "CG-2" South Agricultural Mixed Use General Commercial East Transportation (IH 69) West "RS-6" Single-Family 6, Agricultural, Commercial Medium Density Residential "CG-2" General Commercial Plat Status: The subject property 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 Existing Interstate 69 "F1„ A freeway with two main lanes in each direction, Freeway/Expressway accompanied by two additional access roads on each side Designation Section Proposed Section Existing County Road "A2" 2 Lanes 52 Secondary Arterial 4 Lanes, Center Turn Lane Divided 100 feet 110 feet Utilities Gas: A 6-in service line located along IH 69. Stormwater: A 10-inch line along IH 69. Wastewater: 6-inch PVC line located along the rear property line. Water: 12-inch PVC line located along IH 69. 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), which was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Northwest Area Development Plan (Adopted in 2001). Water Master Plan: Improvements/No improvements have been proposed. Wastewater Master Plan: Improvements/No improvements have been proposed. Stormwater Master Plan: Improvements/No improvements have been proposed. Roadway Master Plan: Improvement/No improvements have been proposed. Public Notification Number of Notices Mailed 9 within a 200-foot notification area 3 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 owners) Public Hearing Schedule Planning Commission Hearing Date: January 8, 2025 City Council 1st Reading/Public Hearing Date: February 18, 2025 City Council 2"d Reading Date: February 25, 2025 Background: The subject property is currently zoned "FR" Farm Rural District and consists of vacant property and has remained undeveloped since annexation in 1995. To the north is a property zoned "RS-6" with Estate Residential uses. Further to the north is a Wal-Mart zoned "CG-2" General Commercial District. To the south, agricultural uses are zoned "RM-2" Multifamily District and "CG-2" General Commercial District. To the east across Interstate 69. To the west are agricultural and commercial uses zoned "RS-6" Single-Family 6 District and "CG-2" General Commercial District. "CG-2" General Commercial District is also located central to the subject property and is currently a Hobby Lobby, an arts and crafts and home decor retail store. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and indoor recreation uses (including bars and nightclubs). Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: 2 • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • The expansion of business uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. (Policy Statement E). • Large-scale commercial uses are encouraged on both sides of US 77 (IH-69) north of Robstown. (Policy Statement F). Northwest ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is inconsistent with the Northwest ADP and FLUM designation of use 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 rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and warrants an amendment to the Future Land Use map. • Locating residential homes adjacent to a freeway is not a sound planning decision due to the potential negative impacts on the quality of life and environmental health of future residents. Therefore, it is encouraged to prioritize updating the future land use map section of the Northwest ADP. • Approving the zoning change will align the property with the existing general commercial district both centrally and adjacently. Permitting Process: (If applicable) During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved; through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D), limitations on hours of operations with certain site features (UDC §7.2.7.B.1.a), and visual barriers such as landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.B). Planning Commission and Staff Recommendation (January 8, 2025): 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 "CG-2" General Commercial District. 3 Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. 4 (A) Metes & Bounds Description and Exhibit IP"k3� tlay g+ myy;; 9 9 �i 9 b "' G'Bw h� sx �kb aC hahk �a j wa�9a a e ! >"r� 9 5 !� R��; �� �� � RR R.RR9 q x m �mg I'm � �� l a 9 �ig �..RRRRRRRRRRRR Rw � �� � Fa2 node wm� - a � ! a. 9 � m !! l�M ! R RRRRi6RR99 n w gc§� bs� d fi I-�� IN w�Won 96� E7� �1Y1 i 1 999919RRRR RH � a 1 �b a ak NOEM, l lit, p>Ozap ddlbla � 56 o> u i:a irc ca:u.r`au p 9 e mr �� R ��rip�gy9yyg EBe � �'S p E �� e ainaseeeBaSRRd�.S.a:eR�&&&aRe�d u @@ 5 I Him MP �da �11 M 'N A @ a ail 11 THUS ® & Up ��d � ,, R � xx x yxxxx xx aaa lot! HQ jil U M Hull 0 1 ph Im!1P i I If Oil I 11, it R 0 1 im R C G B 9 - ea c � i i o ----ORR � -- g � i ; G -- - -a ------- -I 1qP - _� - __ d - -- �� w �., o ���g � -IN Imn IN im-N �a io io,-, 1 q 0 0 10 1111 ¢ f oil 110101UH ra�eaecet����� Es6u � — � - a'Hit 1 6 (B) Existing Zoning and Notice Area Map CG-2 5 6 4 1� S-6 fn a rn FR ti o 4 v U SUBJECT Ir 0) PROPERTY U 2 CG-2 2 1 CG-2 4 CG-23 r' o LI df� U CR sz CR `° 0 w x 7 R M`2 -R.52I. A C-G 2 L2 CASE: ZN8539 N Zoning and notice Area ---.` ,' , T ti RM-1 Multifamily f IL Light Industrial RIM2 Mvltifrmlly2 IH Heavy Industrial - R14-3 Multifamily 3 PLID Planned Unit Dev.Overlay ON Professional Office RS-10 Single Family10 RMAT Multifamily AT RS-b Single-Family 6 - CN-1 Neighhorhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial IRS -TF Two-Family RS-15 Sing CRT Resort Commercial = v' le-Fami CR-2 Resort CommercialEstate RE Residential Estato te 4a CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit 3. CI Intensive Commercial RV Recreational Vehicle Park $' CBD Downtown Commercial RMH Manufactured Home Resort Commercial FIR FR Farm Rural H Historic Overlay SUBJECT BP Business Park PROPERTY Sab]e i Properly m C with 200'bafrer Ownefs ' favor 4 owners wan."eyed- y 0r City of Esfi,HERE y atfacbeddw0 M,ptafee rnoppos" Corpus LOCATION MAP Christi - 7 Zoning Case ZN8539 2AVH Calallen, LP District 1 Rezoning for a property at or near 3601 Interstate Highway 69 (IH 69) From the "FR" to the "CG-2" i - L°PG30O pC�G3�il iIsueJec r _ PRO!'ERry tl ■ City Council February 18, 2025 Zoning and Land Use Proposed Use: To allow for commercial development to include retail and restaurant uses S 6 � n ADP (Area Development Plan): Northwest, 2001 FLUM (Future Land Use Map): sue�Eer $ Medium-Density Residential PROPS _ Existing Zoning District: "FR" Farm Rural District cc-2 r cG-2 Adiacent Land Uses: ce-2 r North: Low-Density Residential; Zoned: ""RS-6" South: Agricultural; Zoned: "RM-2", "CG-2" N East: Transportation RY-2 2, T�cc-2 c - t West: Agricultural, Commercial; Zoned: "RS-6", "CG-2" Public Notification 9 Notices mailed inside the 200'buffer s 3 Notices mailed outside the 200'buffer 6 g S 6 Notification Areao $ 4 Opposed: 0 0.00% SU�E� ( ) PG3©G'EG34Y � Separate Opposed Owners: (0) x CG-2 z In Favor: 0 (0.00%) CG-2 C -23 5 � N *Notified property owner's land in SQF/Total SQF of all properties in T� the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and warrants an amendment to the Future Land Use map. • Locating residential homes adjacent to a freeway is not a sound planning decision due to the potential negative impacts on the quality of life and environmental health of future residents. Therefore, it is encouraged to prioritize updating the future land use map section of the Northwest ADP. • Approving the zoning change will align the property with the existing general commercial district both centrally and adjacently. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "CG-2" GENERAL COMMERCIAL DISTRICT m o ti rV W U SUBJE,C�T " PROPER�TiI% w � t � '''•, Ln U U U o� CR 52 CR .R 52 IH 69 TA CASE: ZN8539 N -_- WE Aerial View s k , ® Subject Property I SUBJECT PROPERTY City of Esri, HERE Corpus LOCATION MAP Christi se GO � O� A H AGENDA MEMORANDUM CORPOR Action Item for the City Council Meeting February 18, 2025 DATE: February 14, 2025 TO: Mayor & City Council FROM: Rebecca L. Huerta, City Secretary Rebecca H�cctexas.com.com 361-826-3105 Motion to ensure fair and efficient public participation during public comment. CAPTION: Motion to ensure fair and efficient public participation by allocating each person speaking as a public commenter up to 3 minutes, or 75 minutes divided by the number of speakers, whichever is less. SUMMARY: This motion will establish 75 minutes for public comment at a council meeting. BACKGROUND AND FINDINGS: Currently, each resident public commenter is allowed up to 3 minutes, and each non-resident commenter is allowed up to 1 minute to address the City Council. To allow the agenda to be completed efficiently, the public comment period could be limited to 75 minutes total or a different number of minutes to be determined by the City Council. In 2024, the average number of individuals who signed up to speak at a Council meeting was 19 (roughly 57 minutes), with a high of 84 and a low of 1. The approved language will be added to the council agenda template. ALTERNATIVES: City Council could change the specified number of minutes for public comment. SUPPORTING DOCUMENTS: None. Page 1 of 1 se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 18, 2025 DATE: February 11, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, Director of Engineering Services jeffreye(c�cctexas.com (361) 826-3851 Heather Hurlbert, Assistant City Manager Economic Development heatherh3CcDcctexas.com (361) 826-3506 Sergio Villasana, CTCD, Director of Finance & Procurement 0oshc2(a-)cctexas.com (361) 826-3169 Construction Contract Award Arena HVAC Improvements Rebid CAPTION: Motion to award a construction contract to Central Air and Heating Service LLC, headquartered in Tucson, Arizona, with an office located in Harlingen, TX, for the Arena Heating, Ventilation, and Air Conditioning (HVAC) Improvements project for the American Bank Center Arena located in Council District 1, in the amount not to exceed $4,024,972.80 with FY 2025 Capital funding available from the Type A/B Sales Tax funds. SUMMARY: This motion approves a construction contract for the Arena HVAC Improvements project. The project involves replacing the existing 1,000-ton chillers #1 and #2, cooling towers, and controls, as well as making external repairs to the building envelope to address air louver water leaks in the Arena. BACKGROUND AND FINDINGS: The American Bank Center, originally built in 1978 and formerly named Bayfront Plaza, was renamed in 2004. The Arena addition was completed in October 2004. The arena's HVAC equipment is believed to be original to when the building was built. The HVAC equipment has not undergo any recent improvements or major maintenance, only routine repairs. The current system covers the arena, the C100 rooms, and the Henry Garrett Ballroom. The existing HVAC systems are obsolete, experiencing multiple issues, and require replacement. Currently, only one chiller is operational, while the second chiller is being cannibalized to maintain the functioning chiller. The cooling towers have suffered significant corrosion due to the exceptionally high salinity and corrosiveness of Corpus Christi's environment, which is more severe than in other coastal cities. This project aims to replace equipment that has reached the end of its useful life and upgrade to more efficient and energy-saving devices. This project is the first phase of a comprehensive plan to upgrade the Arena's HVAC systems. On May 15, 2023, the Corpus Christi Business and Job Development Corporation approved the request for funding in the amount of $6,500,000 from the Type A Arena Sales Tax. On May 23, 2023, City Council approved budget appropriation transferring funds to the Arena Capital Improvement Fund. City executive leadership, in coordination with Engineering Services and design consultants, Gignac Architects has decided that for phase one, the long-lead equipment (two chillers)will be purchased by the city in advance. The design phase will run concurrently with the equipment lead time to expedite the project and avoid critical failures of mission-critical equipment. The equipment was ordered on December 61h, 2023, and was received on August 1611, 2024. The equipment is readily available to be installed and stored on site. The second phase, still in design, 30% complete will include the installation of new dehumidifiers. Construction is estimated to start the summer 2025 and will use the same funding source as phase one. The third phase will address the remaining HVAC equipment, such as rooftop exhaust fans and boilers. The third phase is beginning design in the current fiscal year. Construction takes place in the next fiscal year. The third phase is being done as part of a separate project that is coming out of the Type A/B Sales Tax. The phasing is being coordinated to ensure the arena remains operational and that the work can be designed and funded according to consulting firms' recommendations and available funding. The priorities for phasing the project are life safety first, followed by mission-critical urgent improvements, and finally, the replacement of old, obsolete equipment deemed necessary. The project scope urgently includes replacing two 1000-ton water-cooled chillers, which are critical for maintaining operational efficiency. Additionally, the two existing 1000-ton cooling towers need replacement, along with the structural system to support the new cooling towers and the roofing at the cooling towers, all of which are deteriorating rapidly. The building's energy management system also requires immediate attention and replacement, including the existing HVAC equipment controls, to prevent further operational disruptions and ensure the safety and comfort of the facility's occupants. Due to the long lead times on specialized equipment such as chillers and cooling towers, two of each were ordered in December 2023 and received in August 2024 for the ABC Arena. Lastly, the scope urgently includes replacing two existing boiler flues, crucial for the safe operation of the heating system. Additionally, failing duct hangers in the crawl space need immediate replacement to prevent potential collapses and ensure proper airflow. The exterior louvers, vital for ventilation, allow stormwater infiltration and require replacement, along with the water- damaged sheetrock under the louvers. Other related work is also necessary to perform the mechanical upgrades effectively. The project's scope will also include providing a temporary HVAC during construction. The temporary HVAC system will have the capacity of the existing HVAC system. Regular maintenance checks will be scheduled to guarantee the system is functioning properly at all times. The Engineering Services team and the contractor will collaborate with the management group of the American Bank Center before and throughout the construction process to reduce any disruptions to events. After installation, with regular proper routine maintenance, the new HVAC system is expected to last between 20 to 25 years for chillers and dehumidifiers, and 25 to 30 years for cooling towers. The new HVAC systems operate at peak efficiency, resulting in lower energy consumption and decreased greenhouse gas emissions. PROJECT TIMELINE: 1 124 2024 - 2025 2025 June - November November - February March - September Design Bid/Award Construction Project schedule reflects award in February 2025 with anticipated completion by September 2025. COMPETITIVE SOLICITATION PROCESS: On August 25, 2024, the City of Corpus Christi Contracts and Procurement Department issued a Request for Bids (RFB #6043), which was set to culminate on October 2, 2024. A total of 49 different contractors/vendors viewed the bid documents via Civcast, indicating potential interest in the project. However, no bids were received. The Procurement staff reached out to some contractors to gain insights into the lack of bid submissions. Based on the feedback from multiple contractors, staff made adjustments on bid items including the model identification of the equipment purchased by the owner, as well as incorporating the receiving, handling, and installation of the equipment. On November 10, 2024, the Contracts and Procurement Department issued a new Request for Bids (RFB number 6187) for the Arena HVAC Improvements project. The City of Corpus Christi received two bids on December 18, 2024 with 39 various contractors/vendors viewing the bid documents through Civcast potentially being interested in the project. The city analyzed the bids in accordance with the contract documents and determined that Central Air and Heating Service LLC was the lowest responsive and responsible bidder. A summary of the bid is provided below: BID SUMMARY CONTRACTOR BASE BID TOTAL Central Air and Heating Service LLC $4,024,972.80 $4,024,972.80 Harlingen, TX Barcom Construction, Inc. $4,455,911.00 $4,455,911.00 Corpus Christi, TX Engineer's Opinion of $3,028,567.50 $3,028,567.50 Probable Construction Cost Although the bid received was slightly higher than the acceptable range of the Engineer's Opinion of Probable Construction Cost for certain items such as electrical work, miscellaneous pipe material, the City decided to proceed with the project due to its mission-critical status and the complexity of the project including having to work around the arena programming schedule. There are also complexities where the contractor exercises means and methods that are difficult for the estimator to gauge. The recommendation to proceed is made to ensure that there are no disruptions to essential services and that the project continues without delay. The city has not worked with Central Air and Heating Service LLC before. Although they are based in Harlingen, they are well known and have a good reputation throughout South Texas. Central Air and Heating Service LLC have local teams in Corpus, Harlingen and San Antonio. The contractor will assign a full-time superintendent located in Corpus throughout the project. The firm will also coordinate with a local general contractor, South Texas Building Partners, as a sub-contractor to them who are well known locally and who will also be managing portions of the work. Some projects they've been awarded during the last 5 years include: Central Air and Heating Service LLC was the prime contractor on the following projects: • PSJA ISD Memorial Early College Highschool. Scope of work included HVAC System Upgrades 1 Chiller, 28 air handling unit's, 134 supply sensors, 42 variable air volume units, chilled water piping, electrical sub, roofing sub, windows/canopy sub. The contract value was $7,956,070.00. • Brownsville ISD Lucio Middle School: Scope of work included 42 Rooftop Units, 65 Variable Air Volume Change out, controls HVAC Upgrades. The contract value was $2,990,437.00. • Harlingen CISD Bowie and Gutierrez: Scope of work included rooftop units change out, new BAS, electrical sub, HVAC system upgrades. The contract value was $2,488,000.00. • Raymondville ISD Phase 3: Scope of work included rooftop units change out, 48 supply sensors, new ductwork connections, ceiling sub, electrical sub-multi-campus Design-Build Mechanical Retrofit. The contract value was $2,426,074.00. Central Air and Heating Service LLC was the sub-contractor on the following projects: • Los Fresnos CISD Rancho Verde Middle School. Scope of work included construction of a new HVAC system. The contract value was $4,660,000.00. • McAllen Central Processing Center: Scope of work included 50,000 SQFT buildings complete renovation, new ductwork, new chilled water piping, new hot water piping, and 2 chillers, 2 air handling unit's, 2 dedicated outdoor air systems, 32 fan coil units, 65 variable air volume HVAC renovations. The contract value was $3,990,000.00. • Brownsville South Padre Island International Airport. Scope of work included new construction of a chilled water/ hot water system. The contract value was $2,666,433.00. Central Air and Heating Service LLC will maintain a local presence throughout the duration of the project. ALTERNATIVES: The alternative is not to award the construction contract to the responsive and responsible bidder, Central Air and Heating Service LLC. Given the critical condition of the HVAC components, any delays could lead to significant operational failures and safety hazards. Prompt action is essential to address these issues and ensure the continued functionality and safety of the facility. FISCAL IMPACT: The fiscal impact in FY2025 is an amount of $4,024,972.80 with funds available from CIP Type A/B Sales Tax fund. Funding Detail: Fund: Arena Type A (Fund 3274) Department: Economic Development (57) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 23195 Amount $4,024,972.80 RECOMMENDATION: Staff recommend awarding a construction contract for Arena HVAC Improvements to Central Air and Heating Service, LLC, for the replacement of HVAC equipment for the Arena in an amount of$4,024,972.80 with anticipated completion by September 2025. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Bid Tab CIP Page PowerPoint Bid Tab-RFB 6187 Arena HVAC Improvements REBID-23195 Item Description Al MOBILIZATION(Not to exceed 5%) LS 1 $101,480.00 $101,480.00 $50,000.00 $50,000.00 Sub Totals _ $101,480.00 $50,000.00 B1 •DEMOLITION WORK LS 1 $119,211.00 $119,211.00 $100,000.00 $100,000.00 B2 GAS PIPING LS 1 $72,157.00 $72,157.00 $5,000.00 $5,000.00 RECEIVING,HANDLING AND INSTALLATION OF OWNER- B3 PURCHASED CHILLERS(TRANE MODEL#CVHF130) EA 2 $23,750.00 $47,500.00 $60,000.00 $120,000.00 B4 ELECTRICALWORK LS 1 $318,952.00 $318,952.00 $350,000.00 $350,000.00 RECEIVING,HANDLING AND INSTALLATION OF OWNER- PURCHASED COOLING TOWERS(TRAN E MODEL#TTXR- B5 121975) EA 2 $23,750.00 $47,500.00 $25,000.00 $50,000.00 B6 REFRIGERANT DETECTION LS 1 $40,000.00 $40,000.00 $40,000.00 $40,000.00 B7 COOLING TOWERSTRUCTURAL LS 1 $207,591.00 $207,591.00 $300,000.00 $300,000.00 B8 TEST AND BALANCE LS 1 $6,000.00 $6,000.00 $10,000.00 $10,000.00 B9 MISC PIPE MATERIAL LS 1 $258,069.00 $258,069.00 $55,000.00 $55,000.00 B10 PIPE INSULATION LS 1 $17,500.00 $17,500.00 $65,000.00 $65,000.00 Bll FLUE PIPE MODIFICATIONS LS 1 $44,000.00 $44,000.00 $65,000.00 $65,000.00 B12 DOC(CONTROLS) LS 1 $1,335,643.00 $1,335,643.00 $1,325,000.00 $1,325,000.00 RECEIVING,HANDLING AND INSTALLATION OF OWNER- PURCHASED VARIABLE FREQUENCY DRIVES(VFDs)(TRANE MODEL#H6B2B180PMB)&OUTPUT FILTER(TCI B13 MODEL#V1K200A01) EA 2 $3,000.00 $6,000.00 $20,000.00 $40,000.00 B14 DUCTWORK MODIFICATIONS LF 200 $24.00 $4,800.00 $200.00 $40,000.00 B15 ROOFING SF 3000 $69.59 $208,770.00 $75.00 $225,000.00 B16 DUCT HANGERS LS 1 $32,421.00 $32,421.00 $50,000.00 $50,000.00 Sub Totals $2,766,114.00 $2,840,000.00 C1 METAL PANELS EA 2 $28,226.00 $56,452.00 $25,000.00 $50,000.00 C2 DEMO OF MECH ROOM SHEETROCK SF 240 $20.83 $4,999.20 $30.00 $7,200.00 C3 NEW CEMENT BOARD SF 240 $41.67 $10,000.80 $30.00 $7,200.00 C4 PAINT SF 240 $41.67 $10,000.80 $30.00 $7,200.00 Sub Totals $81,452.80 $71,600.00 D1 TEMPORARY HVAC DURING COMNSTRUCTION DAYS 105 $6,000.00 $630,000.00 $10,000.00 $1,050,000.00 Sub Totals $630,000.00 $1,050,000.00 El UNFORESEEN CONDITIONS AL 1 $200,000.00 $200,000.00 $200,000.00 $200,000.00 E2 HVAC EQUIPMENT ALLOWANCE AL 1 $200,000.00 $200,000.00 $200,000.00 $200,000.00 E3 BONDS&INSURANCE AL 1 $45,926.00 $45,926.00 $44,311.00 $44,311.00 Sub Totals $445,926.00 $444,311.00 Grand Total $4,024,972.80 $4,455,911.00 Capital Improvement Plan 2025 //""" 2027 City of Corpus Christi, Texas Project# 23195 Project Name Arena HVAC Improvements ell Type hnprovement/Additions Department Economic Development l 1 Useful Life 25 years Contact Dir of Economic Development a Category Building Rehabilitation Priority Priority Level 1 Council District 1 Status Active � - fi 1 Description This project consists of replacement of the existing 1,000-ton Chillers#1 and#2,Arena dehumidification system improvements and external repairs to the building envelope to prevent leaks in the Arena. Justification The existing systems have experienced multiple issues(including leaks),is outdated and in need of replacement. This project will replace equipment that has reached end of its useful life;as well as upgrade to more efficient and energy saving devices. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 3,054,150 3,992,869 7,047,019 Design 289,250 300,000 589,250 Contingency 200,000 200,000 Eng,Admin Reimbursements 13,731 500,000 513,731 Total 3,357,131 4,992,869 8,350,000 Funding Sources Prior Years 2025 2026 2027 Total Type A/B Sales Tax(New) 2,400,000 2,400,000 Type A/B Sales Tax(Prior) 3,357,131 2,592,869 5,950,000 Total 3,357,131 4,992,869 8,350,000 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 57 PROJECT LOCATION rah 9 asa. � N CORPUS CHRISTI BAY SCALE: N.T.S. k G�a641H I-� �I LOCATION MAP r fr i 7 IL I i r� HIRSCH ST _- r PROJECT LOCATION '" 7' i ry, a I70r ' �4 !q m ! I .40 It.10 r �w AERIAL MAP 'R NOT TO SCALE 'Ft PROJECT NUMBER: 23195 ARENA HVAC CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS ' IMPROVEMENTSDEPARTMENT OF ENGINEERING SERVICES L46 Corpus Chr sti Engineering Arena HVAC Improvements Council Presentation February 18, 2025 American Bank Center - Arena -.-s Corpus Chr sti r Engineering MI oil rAM Project Scope Corpus Chrsti Engineering This project consists of replacement of two 1,000-ton chillers and external repairs to the building envelope to prevent leaks in the American Bank Center Arena. Scope: • Replacement of two existing 1000-ton water cooled chillers. • Replacement of two existing 1000-ton cooling towers. • Replacement of HVAC Controls and of the existing Building Energy Management System. • Replacement of two exterior louvers and two existing boiler flues. ` Project Schedule A C*C � Engineering 1 1 12025 ,June - November November- February March - September Design Bid/Award Construction The project schedule indicates that construction will begin in February 2025 and is projected to end by September 2025. so G� 0 v hcaBPOPP10 AGENDA MEMORANDUM 1852 City Council Meeting of February 18, 2025 DATE: February 14, 2025 TO: Peter Zanoni, City Manager FROM: Ryan Skrobarczyk, Director RyanS5@cctexas.com (361) 826-3622 Briefing on 89th Texas Legislative Session Update STAFF PRESENTER(S): Name Title/Position Department 1. Ryan Skrobarczyk Director Intergovernmental Relations BACKGROUND: Beginning on January 14, 2025, the Texas Legislature convened the 8911 Texas Legislative Session. The city's Intergovernmental Relations (IGR) Department will provide an overview of recent significant developments regarding state government and legislation possibly impacting municipalities. The presentation will review the following information: • The Governor's emergency items, which are the only policy that can be acted on in the first 60 days of the legislative session • Certain bills of the Lt. Governor's "priority" legislation that have been designated with low bill numbers, which allow the bills to be immediately referred to committee for consideration • House Committee appointments for Corpus Christi's House delegation • Legislation that may impact municipalities LIST OF SUPPORTING DOCUMENTS: PowerPoint— 891h Texas Legislative Session Update Briefing 89t" Texas Legislative Session Update . Ryan Skrobarczyk Director, Intergovernmental Relations February 18, 2025 House Committees Representative Villalobos Representative Lozano • Appropriations Appropriations • Local & Consent Calendars Corrections • Natural Resources l Representative Todd Hunter • Calendars, Chairman ~` Land & Resource Management • Public Education • Permanent Standing Subcommittee on Academic and Career-Oriented Education Governor's Emergency Items • Property Tax Relief • Investment in Water • Teacher Pay • Expanding Career Training • School Choice • Bail Reform • Texas Cyber Command Lt. Governor Priorities • Senate Bill 4 — Increasing the Homestead Exemption to $140,000 ($150,000 for seniors) • Senate Bill 7 — Increasing Investments in Texas' Water Supply • Senate Bill 8 — Requiring Local Law Enforcement to Assist the Federal Government's Deportation Efforts • Senate Bill 9 — Reforming Bail — Keeping Violent Criminals Off Our Streets • Senate Bill 13 — Guarding Against Inappropriate Books in Public Schools • Senate Bill 15 — Removing Barriers to Affordable Housing • Senate Bill 19 — Stopping Taxpayer Dollars for Lobbyists • Senate Bill 22 — Establishing Texas as America's Film Capital • Senate Bill 25 — Making Texas Healthy Again SB 1250 & HB 2877 - Modifying Corpus Christi's Project Finance Zone - Current law requires a 3-mile radius around C Y of Corpus Chrlstf the designated project placing 56% of " P�ojectFinan�fngZune#1-211Htels Corpus Christi's Project Financing Zone (PFZ) N over the water. N�%n9h6llllr This requirement limits the usefulness sea , -. - Reg -Y lnn Abtel of our PFZ tool and unfairly impacts coastal communities. ..,y f aen w xnn camp rnrmi - The bill allows Corpus Christi to p designate a contiguous geographic area Ha1A' fa:WS�rl�9caddrrnl C us(hiisti❑H equal to a 3-mile radius, thereby allowing the o . city to place our entire zone on land. 5 HB 21 & SB 867 - Housing Finance - � Corporations (HFC) Reform • Limits the areas by which an HFC can exercise its powers • Requires the political subdivision to grant authorization for a low- income development if the request is from an HFC from outside a political subdivision's boundaries • Reforms the Area Median Income levels for multi-family complexes (does not apply to housing tax credit projects) SB 4 - Increase State Homestead Property Tax Exemption for School Districts • Increases the state's homestead tax exemption for school property taxes from $100,000 to $140,000 • The bill holds harmless school districts from revenue lost through the increased exemption • Bill was filed on February 6, voted out of Senate committee on February 11 , and approved on the Senate Floor on February 13 SB 9 - Bail Reform • Clarifies the 2023 reforms to the bail process, which aimed to limit the release of habitual and violent offenders. • The bill adjusts the reporting requirement for "charitable bail organization" to be sent to the Office of Court Administration and increases transparency by requiring additional data submissions. • The bill clarifies that a magistrate is not authorized to adjust the amount or conditions of a bond set by a district court judge. • Establishes that a bond for a jailable felony offense may not be set until the defendant has gone before a hearing officer or judge. Legislation Filed To Date As of Friday, February 14, 4,128 bills have been filed ➢ TML and the City are tracking 1007 bills impacting City- related operations • i� • it� �� � . .� . -� 10