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Agenda Packet City Council - 04/15/2025
Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday,April 15,2025 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 Pastor Greg Hood with REACH Ministries. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Gael Ramiro Hoyos, 10th grader from Foy H. Moody 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. 25-0524 City Recognition of Alyssa Barrera Mason, Executive Director of the Downtown Management District 2. 25-0433 Buc Days (May 1 - May 11) Overview, Presented by Johnny Philipello, President/CEO of Buc Days Commission F. PUBLIC COMMENT G. BRIEFINGS: (ITEMS 3 -4) Briefing information will be provided to the City Council during the Council meeting. City of Corpus Christi Page 1 Printed on 5/9/2025 City Council Meeting Agenda-Final-revised April 15,2025 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. 3. 25-0491 Corpus Christi Water Supply & Usage Dashboard Briefing Sponsors: Corpus Christi Water 4. 25-0505 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update Sponsors: Economic Development H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 5) 5. 25-0531 Civil Service Commission Civil Service Board I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance,or may modify the action specified. J. CONSENT AGENDA: (ITEMS 6 -22) 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. 6. 25-0536 Approval of the April 8, 2025 Regular Meeting Minutes Sponsors: City Secretary's Office Consent-Second Reading Ordinances 7. 25-0453 Ordinance authorizing the acceptance of a grant totaling $195,567.11 from the Texas Office of the Governor-Homeland Security Grant Division for the State Homeland Security Program for two replacement X-ray equipment systems for the Corpus Christi Police Department's Bomb Squad in the amount of$195,567.11; and appropriating $195,567.11 in the FY 2025 Fire Grants Fund. Sponsors: Police Department 8. 25-0260 Ordinance authorizing the acceptance of two grants from the Federal City of Corpus Christi Page 2 Printed on 51912025 City Council Meeting Agenda-Final-revised April 15,2025 Emergency Management Agency, Public Assistance Program, under the DR-4798 Hurricane Beryl Grant Program in the amount of$20,527.58 for emergency protective measures and management costs in preparation for the Hurricane Beryl event which occurred in Summer 2024, and appropriating the funds into the Emergency Management Grants Fund. Sponsors: Finance &Procurement 9. 25-0296 Annexation and Zoning Case ZN8575 HUT Enterprises, LLC (District 3). Ordinance annexing a 12.778-acre tract of land comprised of a 2.194-acre tract of land per owner petition, located at the southwest corner of FM 43 and SH 286, and the abutting 10.58-acre section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.194 acres from the "FR" Farm Rural District to the "CG-2" General Commercial District; and providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8575) Sponsors: Planning and Community Development Department and Development Services 10. 25-0376 Zoning Case No. ZN8332, Golden Pointe, LLC. (District 4). Ordinance rezoning a property at or near 13902 South Padre Island Drive from the "CR-2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development Overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services 11. 25-0378 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $114,240.00 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $114,240.00 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 12. 25-0379 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $102,830.40 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $102,830.40 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services City of Corpus Christi Page 3 Printed on 5/9/2025 City Council Meeting Agenda-Final-revised April 15,2025 13. 25-0380 Ordinance abandoning and vacating a 100' long centerline portion of an unused wastewater utility easement totaling approximately 14,000 square feet at or near 622 N Water Street. Sponsors: Development Services Consent- Contracts and Procurement 14. 25-0382 Motion authorizing the purchase of 88 replacement and 52 new pieces of firefighter protective clothing (coats and pants) for the Corpus Christi Fire Department from Casco Industries, Inc., of Houston, Texas, through the BuyBoard cooperative, for$224,309.40, with FY 2025 funding in the amount of$224,309.40 from the General Fund. Sponsors: Fire Department and Finance & Procurement 15. 25-0387 Motion authorizing execution of a five-year service agreement, with five one-year options to renew support, with Infax, Inc., of Alpharetta, Georgia, for an amount of$399,207.00, with a potential of$674,884.89 if options are exercised, for the integration and installation of a Flight Information Display System at Corpus Christi International Airport, with FY 2025 funding of$213,624.00 from the Airport Fund. Sponsors: Aviation Department, Information Technology Services and Finance & Procurement General Consent Items 16. 25-0392 Motion authorizing execution of a real estate sales contract with Calallen Retail Properties LP in the amount of$525,000.00 plus estimated closing costs (Security Title) in the amount of$10,000.00 for the acquisition of 1.291 acres of land, located at 3802 FM 1889, Corpus Christi for the Calallen Elevated Storage Tank project, with FY 2025 funding available from the Water Capital Fund. Sponsors: Corpus Christi Water and Engineering Services 17. 25-0437 Resolution authorizing an Interlocal Cooperation Agreement (ILA) with Texas A&M University-Corpus Christi (TAMUCC) in an amount of up to $125,551.00 for performing air quality monitoring services through December 31, 2025, with funding from a Texas Commission on Environmental Quality (TCEQ) Air Quality Grant. Sponsors: Health Department 18. 25-0420 Resolution authorizing submission of two grant applications to the Texas Department of Emergency Management under the Hazard Mitigation Grant Program - Hurricane Beryl for total funding in the amount of$464,171.00, with a total cash match of$116,042.00, to repair damage to the roofs at the Corpus Christi Police Department and Emergency Operations Center Building in coordination with the Finance & Procurement Department, Police Department, and Asset Management Department. City of Corpus Christi Page 4 Printed on 5/9/2025 City Council Meeting Agenda-Final-revised April 15,2025 Sponsors: Finance &Procurement,Asset Management Department and Police Department Consent-First Reading Ordinances 19. 25-0395 Ordinance accepting $53,897.31 from the State of Texas - Law Enforcement Officer Standards and Education for training courses and training-related travel for approximately 50 full-time sworn police officers for the Corpus Christi Police Department; and appropriating $53,897.31 in the FY 2025 Police Grants Fund. Sponsors: Police Department 20. 25-0416 Ordinance accepting $2,954.46 from the State of Texas - Criminal Justice Division for reimbursement for the costs of the Advanced Law Enforcement Rapid Response Training for four sworn officers from the Corpus Christi Police Department's Training Division; and appropriating $2,954.46 in the FY 2025 Police Grants Fund. Sponsors: Police Department 21. 25-0456 Ordinance authorizing the acceptance of$1,881.57 from the State of Texas - Law Enforcement Officer Standards and Education for firearms training and ammunition for five arson investigators for the Corpus Christi Fire Department; and appropriating funds in the amount of$1,881.57 to the FY 2025 Fire Grants Fund. Sponsors: Fire Department 22. 25-0500 Ordinance authorizing acceptance of a grant from the Texas Department of Transportation for the FY24 Routine Airport Maintenance Program (RAMP) Grant in the amount of$100,000.00 to fund airport maintenance at the Corpus Christi International Airport (CCIA); appropriating funds in the amount of$100,000.00 to the Airport Grants Fund. Sponsors: Aviation Department K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (ITEMS 23 - 24) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 23. 25-0421 Zoning Case No. ZN8561, ADR Investments, LLC. (District 4). Ordinance rezoning a property at or near 820 Naval Air Station (NAS) Drive from the "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). City of Corpus Christi Page 5 Printed on 5/9/2025 City Council Meeting Agenda-Final-revised April 15,2025 Sponsors: Development Services 24. 25-0422 Zoning Case No. ZN8584, Daovone Xayasene (District 1). Ordinance rezoning properties at or near 2828 Ruth, 2830 Ruth, and 2816 Ruth Street from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "RM-3" Multifamily District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 25 - 26) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 25. 25-0341 Ordinance approving the addition of 20 full-time positions and equipment to the Engineering Services Department budget; amending the FY 2025 Operating Budget as required for the last five months of the year with funding coming from the FY 2025 Capital Improvement Budget as required. The FY 2025 impact is $1,705,243.00 including vehicle purchases with an FY 2026 recurring amount of$1,969,676.00. Sponsors: Engineering Services and Finance & Procurement 26. 25-0178 Ordinance approving and authorizing an Advance Funding Agreement between the City of Corpus Christi and the Texas Department of Transportation for the Holly Road Train Trestle to Tourism Trail Project in an amount of$11,797,839 from the Texas Department of Transportation, Transportation Alternatives Set-Aside (TASA) Program under the 2023 Call for Projects, with the design and construction managed by the City and appropriating $1,300,000 of interest income from the American Rescue Plan Act (ARPA) Fund and amending the FY 2025 Capital Budget and FY 2025 Operating Budget. Sponsors: Finance &Procurement and Engineering Services N. EXECUTIVE SESSION: (ITEMS 27 -29) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 27. 25-0506 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult City of Corpus Christi Page 6 Printed on 5/9/2025 City Council Meeting Agenda-Final-revised April 15,2025 with attorneys concerning legal issues related to regulations, legal rights, and contracts related to groundwater from the Eshelman-Vogt Ranch/Catahoula Water Company, Evangeline Laguna Water LP, and other sources, including the potential execution of agreements related to the water from the Catahoula Aquifer and/or Evangeline Aquifer, desalination, legal restrictions on and permits required for the provision of water, regulations and contracts, groundwater conservation districts (including, but not limited to the Brush Country Groundwater Conservation District and/or San Patricio Groundwater Conservation District), special districts that own potentially related water infrastructure, property rights to water in the Catahoula Aquifer and/or Evangeline Aquifer, TCEQ and EPA regulations related to water, state and federal regulations related to construction of water-related infrastructure, state restrictions on rates and charges for utilities, statutory restrictions on the issuance of debt and governmental contracting, and Texas Government Code § 551.072 to discuss and deliberate the value of the aforementioned property rights 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) related to the Catahoula Aquifer, Evangeline Aquifer, and/or other water matters 28. 25-0510 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 regulations, legal rights, and contracts related to groundwater and property rights at/near the Nueces River in Nueces County, and Texas Government Code § 551.072 to discuss and deliberate the value of the aforementioned property rights 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 contracts for the purchase of property rights in in/near the aforesaid area 29. 25-0511 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 Petitions to the Texas Public Utility Commission (PUC), including, but not limited 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, and other potential appeals, including potential consideration of settlement offer(s) and actions related thereto O. 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L_ \ ,��'l f{ _ - �— � +�` � -� -- � 1�.� ._� yip tl �, _�� �� 1� f�_ '� .�Y �' �„ _ `• _��-• - � + � \ -`-�~'-_-Ida"- +�+ i 'rlf! t• ���` f` CITGQ - PRESENTS - _�,_BUC DAYS e � .. A � MAW 126 --- v�d CITGO _ UC DAYS jr— dom-A-%� to 6 R:. _ .- 4a m A 6 I TICKETED A TTENDANCE ;" r Festival Cate 37,609 PBRM;bcity Tour Finals presented by Coastal Bend Chevy aalets 7,035 l3awfsh ForA(ause 5,438 Competition Part Attendance ants 1,458 by Day ` BucDays Stadium Show presented by Reliant 2,179 20000 "� Y Rodeo Corpus Christi presented byMllerLite 23,650 BBQ on the Bay 2,617 T0000 Mmingo Iive Audience Mewing �/150c 5000, ' , , ' ' I Thi-yearRucDay�troducednew lemerlothefestivtic iththeS9 Tia uelin' 80 / . TavenMobileBarGuestsnjoyed rangmfpremiunbeveragea/Jdingg new , 136 1 ^, ti levebfenjoymedbthecelebratio.QheeltEasuccesst&laboratictkatmade BucDaygvemT memorable/ ' ,FILE ,, - Placer.ai VISITOR LOCATION WITHIN TEXAS -- 35.4 WIdowedwpao ws l a • ? w, 34 µ •AVERAGE NUMBEROF Casual 34 ' ....... :.._. as.I_. uEaa,sN, ,. . D.Wwj United StatesNever ;,cn c a. ...•"' Eon 1 Asian 2% Casual 1 visit niwuk mu, f `"• Offier Loyal 2 or _visits �� MEPICO • _• i .VW S"99 - _ Y .26 LQ b,gXUIUS MRETIANDRS "• YI &andaamjX 92 CtJ•l7"17Y '• • —DIGITAL Television Ratings Saturday, May 4,2024 @BucDays // 0WCRARodeo //Buc Days Ad Buys I 1 I' 1 r J Reach 15.5million - 5�4k Buc Days Parade 13.1 _ impressions 20.1 million Q K &nh,cltynerby lzs Vida01liews 5.5 million 0 CBS Viewers 3 News at 6pm 10.8 Television Radio Nationally Buc Days Parade Pre-Shaw 10.4 Tota/SpotsR�an 4,324 Tota/SpotsR�an 1,535 I�ntnekyI]erbyPOST lo.o MeelofFortune 9.0 EST �, 1936 2024 TOTAL GIVING A� Buc Days Leadership Program $94,000 Valero/Local College Scholarships $30,000 Military Warriors Support Foundation $50,000 Bucarader Family Scholarship $1 ,000 Harbor Playhouse Kids Summer Program $5,000 Robotics Rodeo $13,500 Food Challenge $7,500 �90 of every dollar generated goes toward 4-H Youth Shoot $25,000 the Buccaneer Commission Miss/on Coastal Bend Food Bank Donation $30,000 $2.3Coastal Bend Reg iahl46cholarships $10,000 in too milli®nte/giving, to date Corpus Christi Museum of Science & Histo420,000 n t Art Museum of South Texas $20,000 $3061 000 ISTI N .. , � �� i � � � � �..�N: 1 .J ( �� � , ' �°911i.���•� � pal � -�-4 r� / Cr:,IC" ,uP''I6Ifii'lll'�I�� 'I .� Y��y •� - .��1.�. �+'. � � -. . w, 1 ,�1,� ,�-- •'r�:''' • r 1�' a. I IT 26, 2025 o � s PPPW i Apron I�26,, 202 � , .• BucDays ChildrenDIASLUii s aaraoe ILA May 1 OT 2025 A TTENDANCE �t PENDLETON "� 7 ��t�l► � � t �� " � 35000 WHISKY �1 .11 • ,o 30000 _ 'i.~�...� FINALS F 20000 Q 15000 10000 5000 r 0 2021* 2022 2023 2024 ■PBR■ RCC WAS, w - 50%seating capacity allowed Ir metarena due to COMUestrictions M o 9 Total Payout �RDDE $707500 r�advw, /�/ VVV v I C PUS C ISTI ram"T DAYS � A-- Al _P IIYSIClANS -- PREMIER' - EMERGENCY ROOM v. CONCERT s\ SEIZES TUESDAY, MAY 6 AT RODEO CORPUS CHRISTI ° 4 ' R AOT ' & - t v �yv- SqR^WD � r - : .� dolo SHOFIS Pig■!� ,��I ."�.'� OTREASUIRE ISLAND ■ v y�_ 44presented by VIM Z J ...■ ' fin jA♦� I 1-1172025 A PKINVAC8119WAr P8,968- t &FIRST DAYS 6a sf D � F/R57 A ��, STEAM JG .q 0 0❑ DAY /� FIRST EDUCATORS FARST xxonMobil `V" ROBOTICS TECH • Foundation 'CONFERENCE CHALLENGE __.�___. Exxmuoa� F^•m�GT00 LA G ronxnannx »> »> (N RAVICA 1 1 FIRST 6AG *oa BUC oars BUC DAYS BUC DAYS OF , rPUBIa( FOO FORpresentedby y/INDUSTRY— C.. HIM.M //Jw/Qf-(—/ / q��`x����f"�`�J�p' C!+/.C' LEAGUE •AWARENESS DAY• pup C/ ,4��ir,E°iuio "��'"°'"" Q GUL COAST VRLERO ounnMobil x� re lotion GROWTH VENTURES 4n F.xxon Mobil and SABIC joint venture EST/MA TED 4,000 KIDS PARTIC/PA TING IN 20251 a _ Ij t�*F�Rit TEXAS FIRST TECH! CHALLENGE ' STATE CHAMPIONSHIP SaturdayMay10 P I 1 1 1 1 1 1 1 1 1 ■ IIIIIII � Ij I � I ', III ----------- 12 Teams Competing oo �� ©o o0 24 lA-4A Teams 00 000 © 0 000®� o 24 SA Teams 00 oQ 0 o 24 6A Teams oo� o 00000 oaoo 0000 © 000001 � 0 �.� 0 � � Q COASTAL ON THE BEND Ai SHOWCASA BUCZt CITCO -PRESENTS A °G'BC 30 PARTICIPATING RESTAURANTS- BANK® CORPUS CHRISTI BUTTER'S BBQ MIKE COTTEN'S BBQ FULL SEND Q SATURDAY GUMMIES BBQ SHACK'S SMOKEHOUSE & SEAFOOD MAY 10 2025 HOEGEMEYERS BBQ BAfRNE BA-RB-Q MAN HOWARD'S BBQ & CATERIBREY KRETT BBQ 3 - 6 PM Enjoy some of the best bbq WATE RGARDEKI ON THE BUC DAYS GROUNDS the coastal bend has to offer! w r y .. PARKING LOT LOCATIONS TOTAL PARKING SPLITS—4,882 Spots' _ _ "'•"� •- i — la. American Bank Center Garage-126 Spots 4 - s _ 1h. Harbor Playhouse-80 Spots 2. Art Museum-55Spots 3. Science and History Museum-45 Spots 4. Ortiz Center—408 Spots S. Whataburger field 1,500 Spots 6. Port of Corpus Christi Military Yard—1000 Spots(Not in use) 7. Hurri cane A]ley-330Spots a e , - 8. Triangular Lot—50Spots 9a. Asian History Museum 28 Spots r•_ "�RF."F 1 _ "" 12 _ � 9h. Old Buccaneer Commission Office(Rideshare Lot)—60 Spots }� ar Jr %rx,, / " 10. American Bank Center Lot 10—220 Spots 11. He Park North—55 Spots 12. Concrete Street NO Spots - t 13. Heritage Park South—55 Spots "•'; #� - � 14` Grass Lot—180 Spots 15. Henry Garrett Center-100 Spots 16. Water St.Lot between Fitzgerald and Palo Alto—2S0 Spots 17- Water St.Lot between Palo Alto and Power—170 Spots 18. volunteer&Event Staff Parking—330 Spots J74 } ;. �„ •� "-Spot numbers subject to change s 1 Ortiz center ,�,•'', _ Shuttle Service M --. " +s• Y - MaY 1-11 )C � a Whatabur er Field f 1 Shuttle Service Shuttle Routes Map Key s ,• May 1-11 Z z", Pickup/1 ropoff Locations c ���. F. �1iz Center Shuttle Route � a__ _ _ 3, rewstfr5t u to t Hughes StWhataburger Field Shuttle Route i vs.'�"�. Huc]hes St Hughes St "•+ , l C �z - • NuoheslSt' � ,. . - MaY 2-12 c S NOTE m ; Resaca$t w- s Resaca St Resaca'St Z CITGO -I'KESEN'fS- U -R�B DAYS C 'XVA MAY 1-11,2025 (JAYS } IPA W stripes fCORPUS SHOPSMUSEUM „ ofSCIENCE a � I i . . + APR1126 MAY 1-19 psi g'�Q �oAsrA� Veno�EToI , BEND �UC�� • . 4 FINA C, r�YSG .LS BQ�f sowcasE D ,r CORPUS CHRISTI '� RBFCU'! Driscoll MAY2-3 MAY3 MAY6-10 MAY70 >>> MAY10 se GO � O� A H /NCOOPOR AGENDA MEMORANDUM 1852 City Council Meeting of April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Drew Molly P.E., Chief Operations Officer for Corpus Christi Water drewm@cctexas.com 361-826-1853 Briefing on the new Water Supply Dashboard and Water Sources STAFF PRESENTER(S): Name Title/Position Department 1. Drew Molly, P.E. Chief Operations Officer Corpus Christi Water 2. Michael Pinckney, P.E. Senior Engineer Carollo Engineers BACKGROUND: The City of Corpus Christi and Corpus Christi Water (CCW) have launched a new online water dashboard webpage. This webpage provides information about water availability as well as comprehensive monitoring of both western and eastern water supplies. In this briefing, Drew Molly will walk through the steps to access the dashboard. Additionally, Michael Pinckney, P.E., Senior Engineer with Carollo Engineers, will brief the Council on how the hydrology in the Nueces River Basin continues to impact the water levels in the western reservoir system. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Water Supply Dashboard and Drought Accessing the Water Supply Dashboard DRAFT Corpus Christi City Council Aprill5, 2025 Corpus Christi Water CI� Serving the Coastal Bend Step 1 - Visit www.corpuschristitx.gov 10 n ®H omel Ci[y of Corpus CM1nstiA10001111000 n hups://ww ,,p...hd Vri .gw _ {= Stage 3 Drought Restrictions are In Effect.Learn More at Stage3.CCTexas.com. % ]; \ City of Living in Recreation Business Leadership City Q Corpus Christi Our Community &Culture &Development &Government Departments i H..can we help you? Q O 'SS o in Step 2 - Click City Departments 20 m Home,e�yaco.,p,,,cns.e x + n https://www,carpuschristlN.gov City Of Laving in Recreation Business Leadership City Corpus Christi Our Community &Culture &Development Q . &Government Departments Airport Human Resources Animal Care Services Information T hnology Asset Management Intergovernmental Relations City Attorney Libraries City Auditor Management&Budget City Secretary Marina Communications Municipal Court Development Services Parks and Recreation het How can we Economic Development Planning&Community . _ • • p you? Engineering Services Development Police Department • Finance&Procurement - Public Works i Fire Department Solid Waste Services Gas Water&Wastewater Health District r Step 3 - Click Water & Wastewater (gyp 0 tiomelaryot corpvx cnnss x } in wnnv,carpuschristia.gov % City of Living in Recreation Business Leadership CD Corpus Christi Our Community &Culture &Development &Government Airport Human Resources Animal Care Services Information Technology Asset Management Intergovernmental Relations City Attorney Libraries City Auditor Management&Budget " City Secretary Marina Communications Municipal Court Development Services Parks and Recreation Haw help can we het Economic Development Planning&Community . _ • • Engineering Services Development Police Department - - • � Finance&Procurement - - Public Works Fire Department Solid Waste Se Gas K Water&Wastewater *` HeahhDistrict You •w at the CCW Home Page SteP • • Dashboard I"y livi",in ty Recreation Business Leadership city eF SERVING THE COASTAL BEND CCW Home Drought Stage 3 Pay Your Utility Bill Water Supply Dashboard Water Conservation Seawater Desalination SuperiorRated Water Desktop 2023 Ann.al Drinking Water Depart Instructions You can also scroll down and click Water Supply Dashboard here and here + 8 m'n:,'/wwx.corpascnrirtirt.gov/tlepadmenx-dirMory/mrpn%mrirti-water/ • {'- city of Living in Recreation Business Leadership City j corpua chriztt Our Community &Culture &Development &Government Dep ents Q iltYI,l Water Set U p New service Water Supply Dashboard Water Oualiry Reports WaterLab B.C"w Prevention Wastewater GreundwaterMter Wel CASRCD) 741 �...o. 1 � � ".i III Water Programs Rates and Fees Water Supply Dashboard Corpus Christi Water offers multiple programs,such Vi ew this year's water rates and wastewater rates. water supply as our Rain Barrel P-g... modeling. 4V� 2:43 ... ^C4 Step i - Visitearnore Step 2 - Tap the arewww.corpuschristitx.gov three lines City of — Corpus Christi — Q ds O � o in NEWS Online Newsroom View n leases,on-[he-record statements, • • o G corpuschristitx.gov U' • < U fxl 7 2:44 Fire Department Garbage and Recycling Health District Step 3 - Scroll down and tap on Housing Programs Water and Wastewater Libraries Local Taxes Pet and Animal Care Services Police Department Preparing for an Emergency Streets Transportation Utilities Water and Wastewater • • CD i corpuschristitx.gov < U M n 8 You are now at CCW's homepage Step 4 - Scroll down and access the Water Supply Dashboard here or here or here 2:45 a S,is I 1 2:45 a '?II I City of City of ou — Corpus Christi Corpus Christi s Christi — w. A Water MEN Set Up New Service 11 Water Supply Dashboard Water Supply Dashboard Learn a and water sup- 741 I�fI ply modeling. • Water Quality Reports • �corpuschristitx.gov U Iii corpuschristitx.gov U' < > _ Ll M n > U �] O corpuschristitx.gm 9 Thank you ! Corpus Christi Water- Serving the Coastal Bend CITY OF CORPUS CHRISTI CORPUS CMUSTI WATER TO: Peter Zanoni,City Manager FROM: Drew Molly,P.E., Chief Operating Officer =a COPY: Mayor and City Council SUBJECT: New Water Dashboard DATE: April 11,2025 The City of Corpus Christi, in collaboration with Carollo Engineers, has created a new water dashboard and will publish it on the City's website* beginning today, April 11. This tool aims to help monitor and forecast water availability in our regional water supply. City staff will provide updates to the dashboard bi-monthly and continue to refine and improve it as we receive feedback from those who access and use it. The dashboard includes: 1. Monitoring the levels of Western and Eastern Water Supplies. 2. Accounting for new water supply projects, like the Nueces River Water Wells. 3. Showing water demand, the past and projected usage of raw and treated water supply and actual prior month use by customer classification. 4. Outlining the triggering criteria for drought stages, such as a Level 1 Water Emergency (previously known as Stage 4), as specified in our Drought Contingency Plan. Also included in this dashboard are projections for rainfall events and streamflow data based on the weather conditions experienced during the 2024 calendar year, which have been near record-setting in terms of poorest performance. During the April 15 City Council Meeting, CCW will brief Council Members on this new and innovative water dashboard. *https://www.corpuschristitx.gov/pattern-1 ibrary/water-supply-modeling/ se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 City Council Meeting of April 15, 2025 DATE: April 1, 2025 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Assistant City Manager HeatherH3(u)-cctexas.com 361-826-3506 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update OUTSIDE PRESENTER: Name Title/Position Agency Name Mike Culbertson President & CEO CCREDC BACKGROUND: The CCREDC provides quarterly updates to the City Council including its activities and the status of the local economy. The previous update was provided to the City Council on November 19, 2024. The Metropolitan Statistical Area (MSA) economy is still growing from a low of 180,000 jobs in September 2020 to almost 200,000 as of February 2025. As a reference, in 2019, the last normal year, the jobs were 192,400. This is the highest it has ever been in the MSA. The unemployment rate has settled down and is now right with the Texas and US rates. The housing market is slowly building inventory and has now gone over six months of inventory, which makes it, historically speaking, a buyer's market because the houses have been on the market so long that the seller would be eager to lower prices to sell. We are conducting a Targeted Industry Survey as we do every five years. This uses our current resources and tries to identify industries that we can attract. We are actively looking for manufacturing companies that do not use a lot of water and power. We certainly understand the nature of our region. CCREDC is about securing high paying jobs and diversifying our economy. The sales tax collections are growing at around 1.3% across the MSA with some cities lower than last year. The EDC is working on 14 major projects that are valued at over $17.0 billion in capital investment. These projects have long lead times. The EDC is looking for other industries to attract to our region. We are coordinating with partners to push a "sense of place" initiative. Your EDC is delivering value to the city and the region. LIST OF SUPPORTING DOCUMENTS: PowerPoint— CCREDC Quarterly Briefing City Council UQuarterly date p "kl April 2025 110 Presented by Mike Culbertson President & CEO Corpus Christi REC IONAL ECONOMIC DEVELOPMENT CORPORATION - Photo:Visit Corpus Christi Mission Statement k The mission of the Corpus Christi Regional Economic Development Corporation is to expand and enhance the .� region economic base by developing and/or supporting projects that create primary to improve the p �'jobs diversity and size of the local economy. DepotPhoto:Corpus Christi Army Corpus Christi REC ONAL ECONOMIC DEVELOPMENT CORPORATION HOUSING REPORT 1:1 E3 ® m 0 , MEDIAN HOME PRICES SOLD ACTIVE LISTINGS CLOSED SALES $270,425 1,615 209 DOWN 1.79%COMPARED UP 29.7%COMPARED DOWN 9.9%COMPARED FEB 2024 FEB 2024 FEB 2024 E3 III DAYS ON THE MARKET: 77 MONTHS OF INVENTORY DAYS TO CLOSE:31 6.4 UP FROM 4.6 TOTAL DAYS: 108 COMPARED FEB 2024 7 DAYS MORE COMPARED FEB 2024 Texas A&M Real Estate Center ♦ , ♦ / • CITY OFALICE 1,171,782 1,172,950 6,621,961 7,041,269 6,664,603 CITY OFARANSAS PASS 564,967 492,614 2,998,026 3,001,001 2,898,405 CITY OF BEEVILLE 854,293 802,160 4,538,246 4,350,654 4,189,005 CITY OF CORPUS CHRISTI 18,226,269 17,551,107 98,789,434 97,338,773 92,547,634 CITY OF GREGORY 106,487 93,208 543,060 487,648 519,022 CITY OF INGLESIDE 1,223,384 693,065 3,772,860 4,890,483 3,184,196 CITY OF PORT ARANSAS 468,495 409,590 3,827,390 3,824,850 3,839,290 CITY OF PORTLAND 1,557,658 1,314,814 7,328,424 7,530,908 6,830,660 CITY OF ROBSTOWN 443,682 436,751 2,264,025 2,268,049 1,879,188 CITY OF ROCKPORT 667,471 611,657 3,687,772 3,693,942 3,665,496 CITY OF SINTON 358,334 305,939 1,927,564 1,720,480 1,614,741 piq COMBINED TOTALS: 25,642,821 23,883,858 136,298,763 136,148,056 127,832,242 Texas.2ov Data Portal Texas Labor Market • .1 nformation 1 1 1 • 199,300 196,700 199,100 192,700 188,000 2,600(1.3%) 200(0.1%) I • • • 24,600 23,900 25,300 20,600 19,800 700(2.9%) -700(-2.8%) 9,100 9,000 9,200 8,700 8,100 100(1.1%) -100(-Ll%) 33,500 33,900 33,900 33,800 33,100 -400(-1.2%) -400(-1.2%) •' • 1,400 1,400 1,400 1,500 2,700 0(0.0%) 0(0.0%) 9,300 9,300 9,200 9,200 8,400 0(0.0%) 100(1.1%) 19,500 19,200 19,400 19,300 18,400 300(1.6%) 100(-0.5%) 1 • 1 33,900 33,700 32,700 31,800 30,800 200(0.6%) 1,200(3.7%) • 26,100 25,600 25,600 26,400 26,000 500(2.0%) 500(2.0) • 1 ' 6,300 6,300 6,400 6,300 6,000 0(0.0%) -100(-1.6%) • 1 35,600 34,400 36,000 35,100 34,700 1,200(3.5%) -400(-1.1%) MSA UNEMPLOYMENT RATESCorpus Christi United States 6.0 5.5 5.0 4.5 4.0 3.5 .. 3.0 Texas • Labor Market Information FEB. MAR. APR. MAY JUNE JULY AUG SEPT OCT. NOV. DEC. JAN. FEB. 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024 2025 2025 CORPUS CHRISTI I 4.2 5.0 I TEXAS U.S. I NUNLUNFI DEN I IAL//FI{SUNLY Dollars per hour` 40 35 —U.S. —Texas $34.27 —Corpus Christi $3237 30 $31.04 25 20 15 10 2013 2014 2015 2016 2017 2018 2M 2020 2021 2022 2023 'Seasonally Adjusted NOTE, Data are monthly thr©ugh December 2023. Dallas Federal Reserve Bank Our local air and water quality have IMPROVED since 1990, all while having blockbuster growth. Since 2005, there has been an 88% drop in sulfur dioxide, and an 18% drop in particulate matter in our airshed. (EPA) From 2010 to 2023, the number of households increased by roughly 7,000. During that time, the number of households making above $125,00/year increased by 16,000. (Dallas Federal Reserve Bank) go I 1 , 9 0 Business Retention & Expansion is an economic development strategy xisting of proactively connecting with Business Workforce existing businesses to understand or Development,, and respond to their needs. F L.Expanslors 80% of a region's growth comes r A. Program from the expansion of existing Infrastructure LL Implementation businesses. BRE Staff conduct interviews with Permitting & Business businesses every month to collect Development Resource data and provide resources for their Liaso 'A overall success. LE Manufacturing Day 2024 285+Students representing 9 Area Schools 22 Manufacturing Industry&Partner Vendors Hands-On Equipment& Technology Demos Future-Ready Texas: Navigating Emerging — Energy Landscape Keynote Panel CCREDC Investor Facilitated Roundtables &Breakout Sessions Save the Date Manufacturing Day 2025—Friday, October 3 Emphasizing CTE pathways to Coastal Bend Manufacturing '" Type A/B Overview 2010-2024 ■ 31 Projects ■ Total Capital Investment: $145,235,001 COASTAL / ■ Total Approved Grant Funding: $30,771,931 WORK.A GREAT PLACE TO LIVE AM Funding Breakdown ■ $16,918,911 for Business Projects in Corpus Christi ■ New Jobs Created: 363 ■ Jobs Retained: 899 ■ $13,853,020 to enhance programs/training at local institutions ■ TAMU-CC Civil & Industrial Engineering Program Corpus Christi 0 Craft Training Center REGIONAL ECONOMIC ■ DMC Process & Instrumentation Technology Training DEVELOPMENT CORPORATION Program 2024/5 Business Attraction Trade Shows • CUAV • International Manufacturing Technology Show S�j� • Gastech A • Future of the Region: South Texas, Panelist GREAT • Texas Nuclear Summit • Coastal Bend to Texas Legislature • New Nuclear for Maritime • TEDC Legislative Conference • Area Development Site Selector • -------------------------- ---------------------------------------------- • MRO Show—Mainten---ance,Repair, Overhaul -Aviation • AISTech Steel Tech • SelectUSA with TxEDC Corpus Christi • XPONENTIAL- drones ECONOMICREGIONAL • Pharma Show DEVELOPMENT CORPORATION Area Projects Net Taxable Value Taxing Entity 10 Year 20 Year �IUSINESS, Co SITAL S�� City of Corpus Christi $ 175,105,109 $ 851,303,3 A GREAT PLACE TO LIVE AM WORK. Nueces School Districts $ 332,414,584 $ 598,673,168 Del Mar College $ 25,824,005 $ 47,86 JIM Type A/B Effect $ 24,834,069 $ 22,448,03 CorpusThese taxes are net of any incentive offered. Assumed the time REGIONAL ECONOMIC DEVELOPMENT CORPORATION to complete schedule doesn't move appreciatively. City of Corpus Christi includes the industrial district PILOT payments I IN I Questions? ��' Mike Culbertson President & CEO �r Corpus Christi REC IONAL ECONOMIC DEVELOPMENT CORPORATION - Photo:Visit Corpus Christi CIVIL SERVICE COMMISSION One(1)vacancy with term ending 6-15-2027.The City Manager appoints to the Civil Service Commission with Council confirmation.The City Council appoints to the Civil Service Board.Traditionally the same members serve on the Civil Service Board and Commission.City Manager PeterZanoni is recommending the appointment of Silvia A.Martinez Pacheco. Duties FOR FIREFIGHTERS AND POLICE OFFICERS ONLY-The Civil Service Commission adopts,amends,and enforces a code of rules and regulations providing for appointment,employment,or suspension in all positions in the classified service based upon citizenship,character,merit,efficiency,and industry,which shall have the force and effect of law;and also,rules regulating promotions,demotions,reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duties as outlined under Chapter 143,Texas Local Government Code. Composition Three(3)members shall be appointed by the City Manager of the City and confirmed by a majority of the City Council. Members must(1)be of good moral character,(2)be a U.S.Citizen,(3)be a resident of the City and have lived in the City for three years preceding appointment,(4)be over 25 years of age,and(5)not have held a public office within the preceding three years. Creation/Authority Meets Member size Term Length/Limit Staff Liaison Chapter 143,Texas Local Meets third Thursday monthly,9:00 a.m.,Human 3 3 years/6 years Monica Saenz Government Code. Resources Conf.Room,2nd Floor,City Hall. Name District Term Appt.date End date Appointing Authority Position Status City Manager with Daniel Jorgensen District 4 1 6/11/2024 6/15/2027 Council Confirmation Resigned City Manager with Raul E Ramirez District 5 1 6/13/2023 6/15/2026 Council Confirmation Active City Manager with Deborah ASibila I District 4 11 6/9/2021 6/15/2025 lCouncil Confirmation I Chair JActive 4-15-2025 CIVIL SERVICE COMMISSION Applicant List Name District Status Joshua M.Crim District 4 Applied Silvia A. Martinez Pacheco District 5 Applied Joel S. Mumphord District 4 City Manager's Recommendation Israel Talamantez District 5 Applied CITY OF CORPUS CHRISTI Submit Date: Mar 23, 2024 Application for a City Board, Commission, Committee or Corporation Profile Joshua M _ Crim First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 25 Owner hangsafe non-profit Ceo _ Community development Employer Job Title Occupation Work Address - Street Address and Suite Number 460 Cartagena Work Address - City Corpus Work Address - State Tx Work Address - Zip Code 78418 Joshua M Crim Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Neighborhood and community services for un housed Why are you interested in serving on a City board, commission or committee? I want to make sure the right things are done with the funds that are aquired for the services that are needed Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Joshua M Crim Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? f- Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r- Yes r No Joshua M Crim Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r° No Verification Joshua M Crim City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Joshua M Crim CITY OF CORPUS CHRISTI Submit Date: Mar 04, 2025 Application for a City Board, Commission, Committee or Corporation Profile Silvia A _ Martinez Pacheco First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 54 National Migrant and Seasonal Head Start Association Finance Resource Officer Financial Employer Job Title Occupation Work Address - Street Address and Suite Number 3401 Sterling Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78414 Work Phone 3615496343 Silvia A Martinez Pacheco Work E-mail address silvia@nmshsa.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Board member for COADA (Council on Alcohol & Drug Abuse, Rotary Club of Southside, Auxiliary for Blessed Sacrament, Westside Business Association, Hispanic Women's Network, Instituto Cultural Hispanica, CC Chamber Ambassador, If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Since retiring and at my age, i feel i have a lot to offer with my background as a army civilian supervisor, skillsets that i learned and are invaluable to me, it would be my honor to share those as a member of the civil service board. i am well rounded and live by high morals and ethics and hope to bring a wealth of knowledge to the table. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes ?-. No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? Yes r No Silvia A Martinez Pacheco Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Silvia A Martinez Pacheco If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? a Yes G No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? C Yes o No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? 0 Yes 0 No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen o Yes G No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Silvia A Martinez Pacheco The Reinvestment Zone No. 6 members must own real property in the zone or be an employee or agent of a person that owns real property in the zone. Do you qualify? r Yes � No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Silvia A Martinez Pacheco Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Silvia A Martinez Pacheco Silvia Martinez-Pacheco Retired Civil Servant and Finance Resource Officer Contact Profile Finance Resource Officer with the National Migrant and Seasonal Head Start Association (NMSHSA) non-profit, which is based in Washington, D.C.; I am able to work remotely and travel to headquarters as required to provide financial oversight of a $61million dollar grant awarded by the USDA for the farmworkers of America. I have utilized my 36 years of experience in Acquisition, Budget, and Contracts that I acquired as Chief of Information Technologies for the Department of Defense, Corpus Christi Army Depot in performing the duties and responsibilities as a Finance Resource Officer and Human Resource Officer. Finance Resource Officer - NMSHSA 2022 - Current • Duties include grant fiduciary administration in compliance with the grant award, budgeting, disbursements, financial governance and audit, and accountability and financial integrity reporting to all federal entities such as the IRS, USDA, and SAM.gov. • 1 comply with federal regulations and financial policies for the essential management of the federal award. • 1 participate in the annual audit and assist the CPA, I perform bank reconciliations and financial reports monthly. • 1 am also the Human Resource Officer and prepare and process payroll bi-weekly, onboard new hires as well as separation of employees. I generate annual performance appraisals for employees based on supervisor input and organized evaluation meetings to review. Finance Resource Officer - United CC Chamber of Commerce 2017-2019 • Executed Human Resource duties such as payroll, new employee hiring and termination of employees, performance appraisals, timekeeping, 401k and insurance facilitation, and abidance of annual training requirements for employees. • 1 carried out financial duties such as payments to chamber vendors, accounts receivable for table sponsorships and tickets to a number of annual chamber events, created and executed budgets for each event, received annual membership payments, recorded in both Chamber Master software program and QuickBooks and deposited accordingly. • Printed and mailed out annual membership invoices and/or sponsorships. • Engaged in annual audit with the accounting firm and monthly bank reconciliations with the C PA. • Attended social events, ribbon cuttings, meetings and workshops as required. • Provided budget input and oversight to Board of Directors as well as Executive Committee. Chief of Information Technology (IT) Acquisitions, Budget and Contracts - Corpus Christi Army Depot 1979-2015 • Managed a $26 million dollar budget for IT procurements for Depot Maintenance and Base Operation Costs. Provided input and prepared budget policies as required. • Followed and enforced regulatory guidance Army Regulation 25-1 in establishing policies and assigning responsibilities for IT management and Information Technology. • Improved data accuracy, financial oversight, to ensure effective stewardship and audit readiness. • Administered financial control over the execution of IT purchases and annual budget to ensure approved expenditures are within assigned spending authority. • Reviewed and authorized over 450 yearly credit card purchase requests for validity, cost, pertinence and budgetary guidelines. • 1 administered, managed and provided oversight for 50 annual renewable contracts and one- time procurements that included IT equipment purchases, equipment maintenance support, industrial automation equipment, personnel contract support, networking, and hardware and software support. • Oversight of the team procurements to ensure fiscal responsibility by staying on budget and within set deadline. • Contracting Officer Representative (COR) for 4 service contracts with over 26 contractors, monitored contractor performance using quality assurance surveillance plans (QASP), performed on site weekly walk throughs of work sites, attended staff meetings, and executed on the spot resolutions for inefficiencies or problems needing immediate attention. • Developed Performance Work Statements for new service contracts and modified PWS as appropriate. • Worked closely with EEO and MER specialists to ensure proper policies and procedures are followed by all employees under my supervision. Validated that personnel completed their annual EEO training and were aware of their rights and provided them with EEO resources when necessary. • Ensured employee and self-development through available Army and DOD training resources. • Partake in an annual supervisor developmental training course and maintain and obtain a required qualification/certification for DOD Acquisition Career Development Program in accordance with DOD guidelines. • Developed an Individual Development Plan (IDP) for all employees under my supervision and revised if needed. • Performed annual appraisals to employees applying duties and scope set in employee position description. • Adhered and utilized the Army Standards of Conduct for civilians, consulted and abided by the AFGE union book in supervision of employees as well as misconduct or disciplinary actions bought against or by the employee. • Followed the chain of command with adherence to discretion and confidentiality for any allegations of misconduct, disciplinary action, grievances, whistleblower protection and/or reprisals. Worked following the Army Code of Ethics as a guide not only as an employee but foremost as a supervisor. • Participated in many selection panels for promotions, new hires or transfers; also engaged as a panelist in Alternative Dispute Resolutions which included disciplinary actions, grievance hearings, wrongful termination, retaliation, discrimination, harassment and ageism. These panels would also include the Judge Advocate General (JAG), Inspector General (IG) and Depot attorney as needed. SKILLS Disciplined Work Ethic Strategic and Critical Thinking Effective Communication in conflict resolution Bilingual Strong judgement in making sound decisions People person Education Defense Acquisition University Department of Defense Department of Defense 2015 2015 2015 IT Level II Certification Contracting Officer Representative Supervisory Professional Department of Defense Department of Defense Department of Defense 2015 2015 2015 Ethics and EEO certification Workplace Violence and Sexual Harassment Anti Terrorism Force Protection Roy Miller High School 1980 High School Diploma CITY OF CORPUS CHRISTI Submit Date: Feb 04, 2025 Application for a City Board, Commission, Committee or Corporation Profile Mr Joel S _ Mumphord Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 56 Year Retired N/A _ n/a Employer Job Title Occupation Work Address - Street Address and Suite Number N/A Work Address - City None Work Address - State None Work Address - Zip Code None Work Phone None Mr Joel S Mumphord Work E-mail address None Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Former deputy, former election clerk If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Housing Why are you interested in serving on a City board, commission or committee? To learn more of city government and it functions Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r, Yes � No Are you a current candidate in an election for a non-city public office? r Yes r No Mr Joel S Mumphord Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rj Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Mr Joel 5 Mumphord Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r No Mr Joel 5 Mumphord The Reinvestment Zone No. 6 members must own real property in the zone or be an employee or agent of a person that owns real property in the zone. Do you qualify? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Mr Joel 5 Mumphord Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Mr Joel 5 Mumphord CITY OF CORPUS CHRISTI Submit Date: Jan 31, 2025 Application for a City Board, Commission, Committee or Corporation Profile Israel Talamantez First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78413 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 12 US Army Corpus Christi Army Depot Chief-Future Operations Analyst Employer Job Title Occupation Work Address - Street Address and Suite Number 308 Crecy Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78419 Work Phone 361-779-7839 Israel Talamantez Work E-mail address israel.talamantez.civ@army.mil Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Del Rio High School US Army Sergeants Major Academy Leadership Corpus Christi Board of Governors If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I want to leverage my skills and government experience to drive growth, create opportunities, and improve the quality of life for our community, fostering a vibrant and sustainable local economy that benefits all residents. As decisions are made, I can provide the CCAD perspective and how they affect our proud 3000 workforce and mission. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Israel Talamantez Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Israel Talamantez If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? a Yes G No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? C Yes o No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? 0 Yes 0 No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen o Yes G No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Israel Talamantez The Reinvestment Zone No. 6 members must own real property in the zone or be an employee or agent of a person that owns real property in the zone. Do you qualify? r Yes � No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Israel Talamantez Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Israel Talamantez Israel Talamantez 4602 Oso Pkwy Corpus Christi, Texas 78413 United States Mobile: 210-818-9663 Email: Work Experience: Chief- Future Operations Corpus Christi Army Depot (This is a federal job) 3/2020 - Present Duties,Accomplishments and Related Skills: I serve as Chief of Corpus Christi Army Depot Future Operations Office, leading and supervising an office of 9 Personnel. I am an expert advisor on production performance issues and future workload and programs to include Direct Sales Partnering Agreements and Public to Public Partnerships. I direct the centralized program and management analysis and planning functions for future Depot workload to include new weapon systems and workload derived from Public Private Partnerships. I advise, coordinate, lead, monitor, and track command level planning activities, information processing and reporting actions related to future and on-going missions, modernization and workload. My assignments consist of projects and studies that require analysis of interrelated issues of capability and capacity of substantive organic and commercial workload. In support of the Commander's priorities, I developed strategic organizational policies and directives that drive the Depot's Public Private Partnership Strategy and the temporary offloading of work. This improved the effectiveness and efficiency of the Public Private Partnership execution at the Depot level. In the search for future workload, I explain and resolve business problems using analytical techniques and defend the Depot's Policies at the Executive Level with Original Equipment Manufacturers Business Representatives, Program Managers, Program Executive Offices, Foreign Governments, Other Services and the Army Materiel Command Maintenance Inter-Service Support Management Officer. Positive and significant example includes the Depot's selection as the Depot Source of Repair for the Improved Turbine Engine Program. The Business case that I lead ensured the selection of CCAD as the Depot Source of repair and reflects an augmented example of negation with Higher Headquarters, Management and Other Services. I assumed this mission from another directorate at the request of the Deputy and without an increase to personnel as result of his confidence in my ability for continuous process improvement and to plan, develop and execute complex business case analysis. As the Chief of Future Operations, using oral communication, I constantly issue calls to action to influence and motivate Individual Centers of Influence and Groups so they may understand and act on complex issues in support of the Depot. This included my interactions with the Texas legislature in Austin by helping them to understand and act upon the challenges that face the Depot. As a key member of the Depot Modernization Team, I advise of the mid and long-range modernization plans and any forthcoming changes to policy and strategy. This enables the Depot to continue to provide the necessary details to maintain its modernization priority among other Depots. With great expertise and confidence, I represented the Command and Commander at conferences with Senior Military and Senior officials such as the Advanced Planning Brief to Industry, Army Aviation Association of America National and Regional Conferences, the Department of Defense Maintenance Symposium and Coastal Bend Day at the Texas State Capital. I attended meetings and presented briefings with and for Commanders. I lead the only office at the Depot that can formally provide information to agencies and individuals on how to partner with the Depot. In this capacity my duties reflect those of an Ombudsman. I established Public Private Partnerships with major Original Equipment Manufacturers. In this capacity I also assist in resolving any problems or complaints that arise. To improve the efficiency and effectiveness of Depot Process, I vet organizations with products or services that will enhance Depot Operations. Strategic Business Analyst Corpus Christi Army Depot (This is a federal job) 10/2015 - 3/2020 Duties,Accomplishments and Related Skills: Performed strategic planning functions related to organizational development and inter-servicing, to include resource and manpower analyses, development of information papers and briefings, and management of various aspects of congressional, higher headquarters, Federal agency, consultant, and state and local government inquiries. In the performance of my duties, I conducted complex analytical studies of interrelated depot functions and work processes related to work force forecasting; major reorganizations and/or workloads entering the Depot; maintenance support agreements; and participation in other projects assigned by the Command Group. Represented the Corpus Christi Army Depot at Industry and Trade Shows and at higher headquarters training events. Promoted the Depot's capabilities to those seeking information on how to collaborate with the Depot. Represented the Depot at Career Fairs with colleges, industry and military installations. Explained the federal hiring process and convinced personnel to apply for employment at the Depot. Assist individuals and organizations who have a concern, or request assistance in resolving a problem, which are outside the normal scope of Depot/Original Equipment manufacturers (OEMs) and public/private partnerships by providing guidance or referring them to the appropriate agency or directorate. I Served as Project Officer and member of the Business Team for various special projects for the Strategic Initiatives Group to include preliminary research and fact-finding, gather and compile pertinent data, develop plans, surveys, spreadsheets, papers, reports, and briefings for the SIG and Command Group. I Teamed with private sector Original Equipment Manufacturers (OEM) to promote cost effective and efficient use of industrial sector resources to improve readiness, cost efficiency, and reduce turnaround time at the depot. Coordinate with the AMCOM Legal staff and the Contracting Division office to assure appropriate government statutes (direct sales, Inter-service Support Agreements, facilities use, or a combination thereof) support the partnering arrangements. Administrative Officer - Recruiter Corpus Christi Army Depot (This is a federal job) 10/2012 - 10/2015 Duties,Accomplishments and Related Skills: Served as the Administrative Officer-Recruiter for the Corpus Christi Army Depot, encumbered with the responsibility to recruit for and fill hard to fill vacancies within the Depot in the arenas of aviation, logistics, work force, production and quality assurance. Served as the Organizational Point of Contact(OAP) to the US Army Acquisitions Support Center. Planned and executed the Depot's Human Capital Strategy to ensure that the necessary workforce is identified, recruited and inculcated into the world's largest rotary winged aircraft repair facility. Coordinated and properly enforced Army Acquisition Personnel Management. Developed and maintained mutually beneficial management and human capital relationships with Military Units, Civilian Institutions, Local Industry and Government. Represented the Depot at Career Fairs with colleges, industry and military installations. Explained the federal hiring process and convinced personnel to apply for employment at the Depot. Initiated and fulfilled civilian hiring actions, and TDA alignments and re-alignments. Re-instituted the Depot Personnel Force Innovation program to hire, assess and transition USAR and National Guard Service members. Senior Mission and Post Command Sergeant Major U.S. Army Accessions Command 1600 Spearhead Div. Ave. Fort Knox, KY 2/2011 - 9/2012 Hours per week: 60 Duties,Accomplishments and Related Skills: I was the most Senior Enlisted Leader on Fort Knox, responsible for the leadership, management, organization and resourcing of a workforce of over 10,000 personnel across 3,500 geographic points of presence so as to meet the Army's human capital needs for Soldiers while employing an enterprise approach consisting of strategic management and planning, business outreach, information management, cost management and continuous process improvement. I was the principal advisor to the Commanding General and organizational head of the US Army Accessions Command and Fort Knox and enforced Army values, discipline, conflict resolution, and training of all Soldiers posted on Fort Knox, KY, as well as those not on Fort Knox, but assigned within the United States Army Recruiting Command, Cadet Command and the Accessions Support Brigade. I advised the senior leadership of the command on Human Capital management functions, formal training and Soldier (employee) development program policies, regulatory requirements and procedures to ensure standards were met. I held the staff and subordinate commands and subordinate supervisors accountable for their actions and performance. I supervised the discontinuance of US Army Accessions Command, with direct oversight over enlisted personnel and their placement into career enhancing positions. I directed and reviewed the work of subordinates to achieve high quality results on time, under budget and implemented to the highest standard. I synchronized the efforts of the other senior managers throughout Fort Knox, US Army Recruiting Command, Army Cadet Command and the Accessions Support Brigade to capitalize on the Army's most recent advertising and marketing campaign and exceed the Army's Human Capital mission. I developed constructive, cooperative and mutually beneficial formal and working relationships with others to ensure consistent application and enforcement of human capital management and administration, training and administrative policies and procedures throughout the organization with direct regard to human capital and our business operating procedures. I operated autonomously with maximum freedom of action in decision-making in the development, implementation, and integration of highly technical and complex missions of the command. I always considered the 2nd and 3rd order effects of orders, instructions and policies as they applied to subordinate, peer and other organizations before giving guidance. I planned and executed the Command's mid and long-range Campaign Plan for Professional Employee Development to ensure a professional and properly trained workforce force, which was culturally aware, diverse and embraced organizational change. I constantly reviewed new or revised administrative policies, laws, regulations, and procedures in order to keep the workforce and leadership aware. When required negotiated with senior leaders and commands to embrace substantive change. Re-directed the efforts of subordinates and subordinate commands to meet changing priorities. Reviewed for accuracy, executive level correspondence, reports, investigations and legal reviews, concerning special exceptions to policy, requiring general officer consideration. Convened monthly sessions with the Directorate of Human Capital, Staff Judge Advocates Office, Equal Opportunity Office, Inspector General's Office, Strategic Initiatives Group, Public Affairs, Protocol and the Installation to receive information for resolution of problems, and then provided guidance that helped them perform their highly technical and complex missions. Individually inspected and recommended resolution to Soldier and Employee Complaints. Made recommendations and decisions based on the results of studies, surveys, and individual research and interviews, which affected the successful administrative operation of my organization and subordinate commands. Represented the Command and participated as an active member of General officer Steering Committees in the arena of Human Capital. Explained and defended command policies and programs to general officers, visitors of the U.S. government, foreign government and business and industry representatives at the general officer and executive level. Provided technical perspective to the Commanding General and the senior directors, as part of the decision making process about organizational change, organizational culture, employee development, strategic human capital management and planning, business outreach, reengineering of TDA's, legislative change, information management, cost management and continuous process improvement. Researched, collected, evaluated and analyzed issues to develop solutions for highly complex command problems in the arenas of human capital policy and procedures. Determined priority of effort to ensure the most important mission was executed successfully. Education: Del Rio High School Del Rio, TX United States High school diploma or equivalent 5 / 1982 Job Related Training: SECARMY Leadership Development Seminar Graduate-US Army Sergeant's Major Academy Lean Six SIGMA Black Belt Training Affiliations: Army Aviation Association of America - Member Court Appointed Special Advocates (CASA) of the Coastal Bend—Former Board Member Boys and Girls Club of the Coastal Bend - Former Board Member Leadership Corpus Christi - Board of Governors References upon request CIVIL SERVICE BOARD Three(3)vacancies with terms ending(1)Regular Member 6-15-2027 and(2)Alternates members 6-15-2025 with the option to extend terms to 6-15-2028.The City Manager appoints to the Civil Service Commission with Council confirmation.The City Council appoints to the Civil Service Board.Traditionally,the same members serve on the Civil Service Board and Commission. City Manager PeterZanoni is recommending the appointment of Silvia A.Martinez Pacheco(Regular Member)and Joel Mumphord(Alternate Member)and Israel Talamantez(Alternate Member). Duties The Civil Service Board adopts,amends,and enforces a code of rules and regulations providing for appointment,employment,or suspension in all positions in the classified service based upon citizenship,character,merit,efficiency,and industry,which shall have the force and effect of law;and also rules regulating promotions, demotions,reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. Composition Three(3)members and two(2)alternate members shall be appointed by the Council for three-year terms or until a successor is named.The members choose their own chairman and appoint a chief examiner,not a member of the Board,who shall also act as secretary.Members must(1)be of good moral character,(2)be a U.S.Citizen, (3)be a resident of the City and have lived in the City for three years preceding appointment,(4)be over 25 years of age,and(5)not have held a public office within the precedingthree years,with the exception of notary public. Creation/Authority City Charter Amendment Art.VI I,Sec.2(3-25-55),Ord.12948,Ord.17258-9/1 5/82;amended 4-3-93;Charter Amendment see Ord.31 007-1 1/21/1 6. Meets Member size Term Length/Limit Liaison Meets third Thursday monthly,9:00 a.m.,Human Resource 3 3 years/6 years Monica Saenz Conference Room,2nd Floor,City Hall. Name District Term Appt.date End date Appointing Authority Position Status Category Daniel Jorgensen District 1 6/11/2024 6/15/2027 City Council Resigned Vacant 1 N/A 6/15/2025 City Council Active Alternate Vacant 1 N/A 6/15/2025 City Council Active Alternate Raul E.Ramirez District 1 6/13/2023 6/15/2026 City Council Active Deborah A.Sibila District 1 2/9/2021 6/15/2025 City Council Chair Active 4-15-2025 CIVIL SERVICE BOARD Applicant List Name District Status Joshua M.Crim District 4 Applied Silvia A. Martinez Pacheco District 5 City Manager's Recommendation for Alternate Member Joel S. Mumphord District 4 City Manager's Recommendation for Regular Member Israel Talamantez District 5 City Manager's Recommendation for Alternate Member CITY OF CORPUS CHRISTI Submit Date: Mar 23, 2024 Application for a City Board, Commission, Committee or Corporation Profile Joshua M _ Crim First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 25 Owner hangsafe non-profit Ceo _ Community development Employer Job Title Occupation Work Address - Street Address and Suite Number 460 Cartagena Work Address - City Corpus Work Address - State Tx Work Address - Zip Code 78418 Joshua M Crim Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Neighborhood and community services for un housed Why are you interested in serving on a City board, commission or committee? I want to make sure the right things are done with the funds that are aquired for the services that are needed Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Joshua M Crim Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? f- Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r- Yes r No Joshua M Crim Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r° No Verification Joshua M Crim City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Joshua M Crim CITY OF CORPUS CHRISTI Submit Date: May 28, 2024 Application for a City Board, Commission, Committee or Corporation Profile Silvia A _ Martinez Pacheco First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 54 National Migrant and Seasonal Head Start Association Finance Resource Officer Financial Employer Job Title Occupation Work Address - Street Address and Suite Number 3401 Sterling Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78414 Work Phone 3615496343 Silvia A Martinez Pacheco Work E-mail address silvia@nmshsa.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Board member for COADA (Council on Alcohol & Drug Abuse, Rotary Club of Southside, Auxiliary for Blessed Sacrament, Westside Business Association, Hispanic Women's Network, Instituto Cultural Hispanica, CC Chamber Ambassador, If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Since retiring and at my age, i feel i have a lot to offer with my background as a army civilian supervisor, skillsets that i learned and are invaluable to me, it would be my honor to share those as a member of the civil service board. i am well rounded and live by high morals and ethics and hope to bring a wealth of knowledge to the table. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes ?-. No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? Yes r No Silvia A Martinez Pacheco Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Silvia A Martinez Pacheco If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? a Yes G No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? C Yes o No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? 0 Yes 0 No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen o Yes G No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Silvia A Martinez Pacheco Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 1J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Silvia A Martinez Pacheco Silvia Martinez-Pacheco Retired Civil Servant and Finance Resource Officer Contact Profile Finance Resource Officer with the National Migrant and Seasonal Head Start Association (NMSHSA) non-profit, which is based in Washington, D.C.; I am able to work remotely and travel to headquarters as required to provide financial oversight of a $61million dollar grant awarded by the USDA for the farmworkers of America. I have utilized my 36 years of experience in Acquisition, Budget, and Contracts that I acquired as Chief of Information Technologies for the Department of Defense, Corpus Christi Army Depot in performing the duties and responsibilities as a Finance Resource Officer and Human Resource Officer. Finance Resource Officer - NMSHSA 2022 - Current • Duties include grant fiduciary administration in compliance with the grant award, budgeting, disbursements, financial governance and audit, and accountability and financial integrity reporting to all federal entities such as the IRS, USDA, and SAM.gov. • 1 comply with federal regulations and financial policies for the essential management of the federal award. • 1 participate in the annual audit and assist the CPA, I perform bank reconciliations and financial reports monthly. • 1 am also the Human Resource Officer and prepare and process payroll bi-weekly, onboard new hires as well as separation of employees. I generate annual performance appraisals for employees based on supervisor input and organized evaluation meetings to review. Finance Resource Officer - United CC Chamber of Commerce 2017-2019 • Executed Human Resource duties such as payroll, new employee hiring and termination of employees, performance appraisals, timekeeping, 401k and insurance facilitation, and abidance of annual training requirements for employees. • 1 carried out financial duties such as payments to chamber vendors, accounts receivable for table sponsorships and tickets to a number of annual chamber events, created and executed budgets for each event, received annual membership payments, recorded in both Chamber Master software program and QuickBooks and deposited accordingly. • Printed and mailed out annual membership invoices and/or sponsorships. • Engaged in annual audit with the accounting firm and monthly bank reconciliations with the C PA. • Attended social events, ribbon cuttings, meetings and workshops as required. • Provided budget input and oversight to Board of Directors as well as Executive Committee. Chief of Information Technology (IT) Acquisitions, Budget and Contracts - Corpus Christi Army Depot 1979-2015 • Managed a $26 million dollar budget for IT procurements for Depot Maintenance and Base Operation Costs. Provided input and prepared budget policies as required. • Followed and enforced regulatory guidance Army Regulation 25-1 in establishing policies and assigning responsibilities for IT management and Information Technology. • Improved data accuracy, financial oversight, to ensure effective stewardship and audit readiness. • Administered financial control over the execution of IT purchases and annual budget to ensure approved expenditures are within assigned spending authority. • Reviewed and authorized over 450 yearly credit card purchase requests for validity, cost, pertinence and budgetary guidelines. • 1 administered, managed and provided oversight for 50 annual renewable contracts and one- time procurements that included IT equipment purchases, equipment maintenance support, industrial automation equipment, personnel contract support, networking, and hardware and software support. • Oversight of the team procurements to ensure fiscal responsibility by staying on budget and within set deadline. • Contracting Officer Representative (COR) for 4 service contracts with over 26 contractors, monitored contractor performance using quality assurance surveillance plans (QASP), performed on site weekly walk throughs of work sites, attended staff meetings, and executed on the spot resolutions for inefficiencies or problems needing immediate attention. • Developed Performance Work Statements for new service contracts and modified PWS as appropriate. • Worked closely with EEO and MER specialists to ensure proper policies and procedures are followed by all employees under my supervision. Validated that personnel completed their annual EEO training and were aware of their rights and provided them with EEO resources when necessary. • Ensured employee and self-development through available Army and DOD training resources. • Partake in an annual supervisor developmental training course and maintain and obtain a required qualification/certification for DOD Acquisition Career Development Program in accordance with DOD guidelines. • Developed an Individual Development Plan (IDP) for all employees under my supervision and revised if needed. • Performed annual appraisals to employees applying duties and scope set in employee position description. • Adhered and utilized the Army Standards of Conduct for civilians, consulted and abided by the AFGE union book in supervision of employees as well as misconduct or disciplinary actions bought against or by the employee. • Followed the chain of command with adherence to discretion and confidentiality for any allegations of misconduct, disciplinary action, grievances, whistleblower protection and/or reprisals. Worked following the Army Code of Ethics as a guide not only as an employee but foremost as a supervisor. • Participated in many selection panels for promotions, new hires or transfers; also engaged as a panelist in Alternative Dispute Resolutions which included disciplinary actions, grievance hearings, wrongful termination, retaliation, discrimination, harassment and ageism. These panels would also include the Judge Advocate General (JAG), Inspector General (IG) and Depot attorney as needed. SKILLS Disciplined Work Ethic Strategic and Critical Thinking Effective Communication in conflict resolution Bilingual Strong judgement in making sound decisions People person Education Defense Acquisition University Department of Defense Department of Defense 2015 2015 2015 IT Level II Certification Contracting Officer Representative Supervisory Professional Department of Defense Department of Defense Department of Defense 2015 2015 2015 Ethics and EEO certification Workplace Violence and Sexual Harassment Anti Terrorism Force Protection Roy Miller High School 1980 High School Diploma CITY OF CORPUS CHRISTI Submit Date: Feb 04, 2025 Application for a City Board, Commission, Committee or Corporation Profile Mr Joel S _ Mumphord Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 56 Year Retired N/A _ n/a Employer Job Title Occupation Work Address - Street Address and Suite Number N/A Work Address - City None Work Address - State None Work Address - Zip Code None Work Phone None Mr Joel S Mumphord Work E-mail address None Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Former deputy, former election clerk If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Housing Why are you interested in serving on a City board, commission or committee? To learn more of city government and it functions Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r, Yes � No Are you a current candidate in an election for a non-city public office? r Yes r No Mr Joel S Mumphord Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rj Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Mr Joel 5 Mumphord Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r No Mr Joel 5 Mumphord The Reinvestment Zone No. 6 members must own real property in the zone or be an employee or agent of a person that owns real property in the zone. Do you qualify? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Mr Joel 5 Mumphord Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Mr Joel 5 Mumphord CITY OF CORPUS CHRISTI Submit Date: Jan 31, 2025 Application for a City Board, Commission, Committee or Corporation Profile Israel Talamantez First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78413 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 12 US Army Corpus Christi Army Depot Chief-Future Operations Analyst Employer Job Title Occupation Work Address - Street Address and Suite Number 308 Crecy Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78419 Work Phone 361-779-7839 Israel Talamantez Work E-mail address israel.talamantez.civ@army.mil Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Del Rio High School US Army Sergeants Major Academy Leadership Corpus Christi Board of Governors If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I want to leverage my skills and government experience to drive growth, create opportunities, and improve the quality of life for our community, fostering a vibrant and sustainable local economy that benefits all residents. As decisions are made, I can provide the CCAD perspective and how they affect our proud 3000 workforce and mission. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Israel Talamantez Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Israel Talamantez If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? a Yes G No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? C Yes o No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? 0 Yes 0 No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you a U.S. Citizen o Yes G No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Israel Talamantez The Reinvestment Zone No. 6 members must own real property in the zone or be an employee or agent of a person that owns real property in the zone. Do you qualify? r Yes � No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 17 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Israel Talamantez Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Israel Talamantez Israel Talamantez 4602 Oso Pkwy Corpus Christi, Texas 78413 United States Mobile: 210-818-9663 Email: Work Experience: Chief- Future Operations Corpus Christi Army Depot (This is a federal job) 3/2020 - Present Duties,Accomplishments and Related Skills: I serve as Chief of Corpus Christi Army Depot Future Operations Office, leading and supervising an office of 9 Personnel. I am an expert advisor on production performance issues and future workload and programs to include Direct Sales Partnering Agreements and Public to Public Partnerships. I direct the centralized program and management analysis and planning functions for future Depot workload to include new weapon systems and workload derived from Public Private Partnerships. I advise, coordinate, lead, monitor, and track command level planning activities, information processing and reporting actions related to future and on-going missions, modernization and workload. My assignments consist of projects and studies that require analysis of interrelated issues of capability and capacity of substantive organic and commercial workload. In support of the Commander's priorities, I developed strategic organizational policies and directives that drive the Depot's Public Private Partnership Strategy and the temporary offloading of work. This improved the effectiveness and efficiency of the Public Private Partnership execution at the Depot level. In the search for future workload, I explain and resolve business problems using analytical techniques and defend the Depot's Policies at the Executive Level with Original Equipment Manufacturers Business Representatives, Program Managers, Program Executive Offices, Foreign Governments, Other Services and the Army Materiel Command Maintenance Inter-Service Support Management Officer. Positive and significant example includes the Depot's selection as the Depot Source of Repair for the Improved Turbine Engine Program. The Business case that I lead ensured the selection of CCAD as the Depot Source of repair and reflects an augmented example of negation with Higher Headquarters, Management and Other Services. I assumed this mission from another directorate at the request of the Deputy and without an increase to personnel as result of his confidence in my ability for continuous process improvement and to plan, develop and execute complex business case analysis. As the Chief of Future Operations, using oral communication, I constantly issue calls to action to influence and motivate Individual Centers of Influence and Groups so they may understand and act on complex issues in support of the Depot. This included my interactions with the Texas legislature in Austin by helping them to understand and act upon the challenges that face the Depot. As a key member of the Depot Modernization Team, I advise of the mid and long-range modernization plans and any forthcoming changes to policy and strategy. This enables the Depot to continue to provide the necessary details to maintain its modernization priority among other Depots. With great expertise and confidence, I represented the Command and Commander at conferences with Senior Military and Senior officials such as the Advanced Planning Brief to Industry, Army Aviation Association of America National and Regional Conferences, the Department of Defense Maintenance Symposium and Coastal Bend Day at the Texas State Capital. I attended meetings and presented briefings with and for Commanders. I lead the only office at the Depot that can formally provide information to agencies and individuals on how to partner with the Depot. In this capacity my duties reflect those of an Ombudsman. I established Public Private Partnerships with major Original Equipment Manufacturers. In this capacity I also assist in resolving any problems or complaints that arise. To improve the efficiency and effectiveness of Depot Process, I vet organizations with products or services that will enhance Depot Operations. Strategic Business Analyst Corpus Christi Army Depot (This is a federal job) 10/2015 - 3/2020 Duties,Accomplishments and Related Skills: Performed strategic planning functions related to organizational development and inter-servicing, to include resource and manpower analyses, development of information papers and briefings, and management of various aspects of congressional, higher headquarters, Federal agency, consultant, and state and local government inquiries. In the performance of my duties, I conducted complex analytical studies of interrelated depot functions and work processes related to work force forecasting; major reorganizations and/or workloads entering the Depot; maintenance support agreements; and participation in other projects assigned by the Command Group. Represented the Corpus Christi Army Depot at Industry and Trade Shows and at higher headquarters training events. Promoted the Depot's capabilities to those seeking information on how to collaborate with the Depot. Represented the Depot at Career Fairs with colleges, industry and military installations. Explained the federal hiring process and convinced personnel to apply for employment at the Depot. Assist individuals and organizations who have a concern, or request assistance in resolving a problem, which are outside the normal scope of Depot/Original Equipment manufacturers (OEMs) and public/private partnerships by providing guidance or referring them to the appropriate agency or directorate. I Served as Project Officer and member of the Business Team for various special projects for the Strategic Initiatives Group to include preliminary research and fact-finding, gather and compile pertinent data, develop plans, surveys, spreadsheets, papers, reports, and briefings for the SIG and Command Group. I Teamed with private sector Original Equipment Manufacturers (OEM) to promote cost effective and efficient use of industrial sector resources to improve readiness, cost efficiency, and reduce turnaround time at the depot. Coordinate with the AMCOM Legal staff and the Contracting Division office to assure appropriate government statutes (direct sales, Inter-service Support Agreements, facilities use, or a combination thereof) support the partnering arrangements. Administrative Officer - Recruiter Corpus Christi Army Depot (This is a federal job) 10/2012 - 10/2015 Duties,Accomplishments and Related Skills: Served as the Administrative Officer-Recruiter for the Corpus Christi Army Depot, encumbered with the responsibility to recruit for and fill hard to fill vacancies within the Depot in the arenas of aviation, logistics, work force, production and quality assurance. Served as the Organizational Point of Contact(OAP) to the US Army Acquisitions Support Center. Planned and executed the Depot's Human Capital Strategy to ensure that the necessary workforce is identified, recruited and inculcated into the world's largest rotary winged aircraft repair facility. Coordinated and properly enforced Army Acquisition Personnel Management. Developed and maintained mutually beneficial management and human capital relationships with Military Units, Civilian Institutions, Local Industry and Government. Represented the Depot at Career Fairs with colleges, industry and military installations. Explained the federal hiring process and convinced personnel to apply for employment at the Depot. Initiated and fulfilled civilian hiring actions, and TDA alignments and re-alignments. Re-instituted the Depot Personnel Force Innovation program to hire, assess and transition USAR and National Guard Service members. Senior Mission and Post Command Sergeant Major U.S. Army Accessions Command 1600 Spearhead Div. Ave. Fort Knox, KY 2/2011 - 9/2012 Hours per week: 60 Duties,Accomplishments and Related Skills: I was the most Senior Enlisted Leader on Fort Knox, responsible for the leadership, management, organization and resourcing of a workforce of over 10,000 personnel across 3,500 geographic points of presence so as to meet the Army's human capital needs for Soldiers while employing an enterprise approach consisting of strategic management and planning, business outreach, information management, cost management and continuous process improvement. I was the principal advisor to the Commanding General and organizational head of the US Army Accessions Command and Fort Knox and enforced Army values, discipline, conflict resolution, and training of all Soldiers posted on Fort Knox, KY, as well as those not on Fort Knox, but assigned within the United States Army Recruiting Command, Cadet Command and the Accessions Support Brigade. I advised the senior leadership of the command on Human Capital management functions, formal training and Soldier (employee) development program policies, regulatory requirements and procedures to ensure standards were met. I held the staff and subordinate commands and subordinate supervisors accountable for their actions and performance. I supervised the discontinuance of US Army Accessions Command, with direct oversight over enlisted personnel and their placement into career enhancing positions. I directed and reviewed the work of subordinates to achieve high quality results on time, under budget and implemented to the highest standard. I synchronized the efforts of the other senior managers throughout Fort Knox, US Army Recruiting Command, Army Cadet Command and the Accessions Support Brigade to capitalize on the Army's most recent advertising and marketing campaign and exceed the Army's Human Capital mission. I developed constructive, cooperative and mutually beneficial formal and working relationships with others to ensure consistent application and enforcement of human capital management and administration, training and administrative policies and procedures throughout the organization with direct regard to human capital and our business operating procedures. I operated autonomously with maximum freedom of action in decision-making in the development, implementation, and integration of highly technical and complex missions of the command. I always considered the 2nd and 3rd order effects of orders, instructions and policies as they applied to subordinate, peer and other organizations before giving guidance. I planned and executed the Command's mid and long-range Campaign Plan for Professional Employee Development to ensure a professional and properly trained workforce force, which was culturally aware, diverse and embraced organizational change. I constantly reviewed new or revised administrative policies, laws, regulations, and procedures in order to keep the workforce and leadership aware. When required negotiated with senior leaders and commands to embrace substantive change. Re-directed the efforts of subordinates and subordinate commands to meet changing priorities. Reviewed for accuracy, executive level correspondence, reports, investigations and legal reviews, concerning special exceptions to policy, requiring general officer consideration. Convened monthly sessions with the Directorate of Human Capital, Staff Judge Advocates Office, Equal Opportunity Office, Inspector General's Office, Strategic Initiatives Group, Public Affairs, Protocol and the Installation to receive information for resolution of problems, and then provided guidance that helped them perform their highly technical and complex missions. Individually inspected and recommended resolution to Soldier and Employee Complaints. Made recommendations and decisions based on the results of studies, surveys, and individual research and interviews, which affected the successful administrative operation of my organization and subordinate commands. Represented the Command and participated as an active member of General officer Steering Committees in the arena of Human Capital. Explained and defended command policies and programs to general officers, visitors of the U.S. government, foreign government and business and industry representatives at the general officer and executive level. Provided technical perspective to the Commanding General and the senior directors, as part of the decision making process about organizational change, organizational culture, employee development, strategic human capital management and planning, business outreach, reengineering of TDA's, legislative change, information management, cost management and continuous process improvement. Researched, collected, evaluated and analyzed issues to develop solutions for highly complex command problems in the arenas of human capital policy and procedures. Determined priority of effort to ensure the most important mission was executed successfully. Education: Del Rio High School Del Rio, TX United States High school diploma or equivalent 5 / 1982 Job Related Training: SECARMY Leadership Development Seminar Graduate-US Army Sergeant's Major Academy Lean Six SIGMA Black Belt Training Affiliations: Army Aviation Association of America - Member Court Appointed Special Advocates (CASA) of the Coastal Bend—Former Board Member Boys and Girls Club of the Coastal Bend - Former Board Member Leadership Corpus Christi - Board of Governors References upon request City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday,April 8,2025 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 11:37 a.m. B. Invocation to be given by Bishop C.E. Richardson, Sr. with Calvary First Baptist Church. Bishop C.E. Richardson, Sr. with Calvary First 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 Kaitly Keel, 12th grader from Veterans Memorial High School. Kaitly Keel, 12th grader from Veterans Memorial 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 Note: Council Member Barrera attended by video conference. Present: 9- Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gil Hernandez,Council Member Sylvia Campos,Mayor Paulette Guajardo,Council Member Eric Cantu,Council Member Mark Scott,Council Member Kaylynn Paxson, and Council Member Everett Roy E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 25-0497 2025 Women of Inspiration Award City Manager Peter Zanoni recognized and presented the 2025 Women of Inspiration Award to the following individuals: Lauren Balko, Director of Municipal Court, Kimberly Miller, Assistant Director of Aviation, Jennifer White, Housing Program Coordinator, Lisa Oliver, Community Relations and Engagement Superintendent, and Julie Sandoval, Assistant Director of Finance. City of Corpus Christi Page 1 Printed on 411112025 City Council Meeting Minutes April 8, 2025 F. PUBLIC COMMENT Mayor Guajardo opened public comment. Rolando Garza, Janie Carrasco, and Ramona Reyes, Corpus Christi, TX, spoke in support of Item 12. Robin Sanders, Corpus Christi, TX, expressed concern about utility billing including winter quarter averaging. Shirley Thornton, Corpus Christi, TX, spoke in support of Item 24. Susie Salanda, Corpus Christi, TX, clarified previous comments regarding Council issues. Adam Rios, Corpus Christi, TX, spoke about the West Guth Park Skatefest. Joshua De Leon, Corpus Christi, TX, advocated to prohibit smoking in all City parks. Joshua Fraedrick, Corpus Christi, TX, expressed concern about the public comment procedure on the City's website. Shirin Delsooz, Corpus Christi, TX, advocated for improving community health and better urban planning. Elena Martinez, Corpus Christi, TX, asked Council to consider appointing her to the Ethics Commission. The following individuals submitted a written public comment which is attached to the minutes: John Weber, Corpus Christi, TX and Clayton Smith, Corpus Christi, TX. G. BOARD &COMMITTEE APPOINTMENTS: (ITEM 2) 2. 25-0427 Airport Board Ethics Commission Landmark Commission Watershore and Beach Advisory Committee Mayor Guajardo referred to Item 2. Airport Board: Reappointed: Travis Patterson Appointed: Sara Azali and Jesse Noyola Ethics Commission: Appointed: Steven R. McClure Sr. City of Corpus Christi Page 2 Printed on 411112025 City Council Meeting Minutes April 8, 2025 Landmark Commission: Appointed: Jillian Becquet and Clark A. Underwood Watershore and Beach Advisory Committee: Appointed: Ross R. Garcia and Melanie Holland H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 3 - 15) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 7 and 12 were pulled for individual consideration. Council Member Roy moved to approve the consent agenda with the exception of Items 7 and 12, seconded by Council Member Campos. The motion carried by the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 3. 25-0465 Approval of the March 25, 2025 Regular Meeting Minutes and April 1, 2025 Special Meeting Minutes The Minutes were approved on the consent agenda. Consent- Contracts and Procurement 4. 25-0250 Resolution authorizing execution of supply agreement for one year with the option to extend for two additional one-year periods, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid aluminum sulfate for Corpus Christi Water in an amount of $4,253,082.00, with a potential amount of $16,424,346.00 if options are exercised, with FY 2025 funding of $2,126,541.00 from the Water Fund. This Resolution was passed on the consent agenda. Enactment No: 033615 5. 25-0301 Resolution authorizing a one-year supply agreement with two additional one-year option periods, with Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for the purchase of liquid ammonium sulfate for Corpus Christi Water in an amount of$620,532.00, with a potential amount of$2,412,846.00 if options are exercised, with FY 2025 funding of$310,266.00 from the Water Fund. City of Corpus Christi Page 3 Printed on 411112025 City Council Meeting Minutes April 8, 2025 This Resolution was passed on the consent agenda. Enactment No: 033616 6. 25-0239 Resolution authorizing a one-year supply agreement with two one-year option periods with PVS DX, Inc., of Corpus Christi, Texas, for the purchase of liquid chlorine in one-ton cylinders for O.N. Stevens Water Treatment Plant, in an amount of$167,100.00, with a potential amount of$501,300.00 if all option periods are exercised, with FY 2025 funding of$97,475.00 from the Water Fund. This Resolution was passed on the consent agenda. Enactment No: 033617 7. 25-0261 Motion authorizing execution of Amendment No. 5 to the service agreement with NewGen Strategies and Solutions, LLC, for utility rate model development and consulting services for Corpus Christi Water in the amount of$316,080.00, for a total not to exceed $406,080.00, with FY 2025 funding of$195,970.00 from the Water Fund and $120,110.00 from the Wastewater Fund. Mayor Guajardo referred to Item 7. Council Members and Director of Water Systems and Support Services Nick Winkelmann discussed the following topics: the amendments to this contract were determined by a two year cycle; and the importance of NewGen meeting with new Council Members to educate them about the rate model. Council Member Hernandez moved to approve the motion, seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: M2025-035 8. 25-0070 Resolution authorizing a three-year supply agreement with Broen, Inc., of Houston in an amount up to $531,977.40 to purchase valves and parts utilized by CC Gas, with FY 2025 funding of$103,440.05 from Gas CIP Funds. This Resolution was passed on the consent agenda. Enactment No: 033618 Consent- Capital Projects 9. 25-0355 Motion to award a construction contract to H&H Skylight Fabricators, LLC, of Stafford, Texas, for the City Hall Skylight Replacement project to prevent water intrusion in an amount up to $784,300.00, located in Council District 1, with FY City of Corpus Christi Page 4 Printed on 411112025 City Council Meeting Minutes April 8, 2025 2025 funding available from prior City Council approved 2021 Facilities Maintenance Certificates of Obligation funds and 2024 Facilities Maintenance Certificates of Obligation funds. This Motion was passed on the consent agenda. Enactment No: M2025-036 General Consent Items 10. 25-0446 Resolution authorizing the submission of a grant application for $894,028.00 to the Motor Vehicle Crime Prevention Authority to continue the Motor Vehicle Theft Unit activities in the Corpus Christi Police Department with a City cash match of $191,860.00 and an in-kind match of$770,606.00 for a total amount of $1,856,494.00, for salaries, overtime, and fringe benefits for four existing sworn officers and three existing civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $894,028.00 in the Police Grants Fund. This Resolution was passed on the consent agenda. Enactment No: 033619 11. 25-0391 Resolution reauthorizing the renewal of a five-year interlocal agreement with the Texas Department of Motor Vehicles for the Motor Vehicle Registration Refusal Program to refuse motor vehicle registration for individuals who failed to appear for or pay a traffic law violation. This Resolution was passed on the consent agenda. Enactment No: 033620 12. 25-0404 Motion to approve the Affordable Housing Program project between the Corpus Christi B Corporation (Type B) and TG 110 Palms at Morris, LP in an amount not to exceed $1,160,100.00 for the development of 72 affordable senior housing rental units located at Morris and 19th Streets, in Council District 1, which will provide low-income housing for senior residents. Mayor Guajardo referred to Item 12. Council Members, Planning Manager of Planning and Community Development Keren Costanzo, Assistant Director of Planning and Community Development Jennifer Buxton, Vice President of Property Development with Prospera Housing Community Services Bradford McMurray, and Vice President of Construction for Prospera Housing Community Services Sam Baird discussed the following topics: a concern about this organization's outstanding loans with the City and how they defer their developer fees; this organization has the biggest number of tax credits in the area; a concern that Prospera has an unfair advantage in the City because of the funding provided; Council Members spoke in support of this project in that it provides affordable housing for City of Corpus Christi Page 5 Printed on 411112025 City Council Meeting Minutes April 8, 2025 seniors; the City will be reimbursed for this loan within 40 years; clarification about project cost and funding sources; and a policy on affordable housing is in development. Council Member Roy moved to approve the motion, seconded by Council Member Cantu. This Motion was passed and approved with the following vote: Aye: 6- Council Member Vaughn, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Hernandez Abstained: 2- Council Member Barrera and Council Member Scott Enactment No: M2025-037 13. 25-0440 Resolution authorizing a Participation Agreement ("Agreement") with MPM Development, LP ("Developer") for the City's share of the cost for the oversizing of the PCCP/RCCP street infrastructure improvements on Lady Alexa not to exceed $408,644.40 for the development known as King's Landing Unit 10, located north of Lady Alexa Dr and west of London Pirate Road (District 3). This Resolution was passed on the consent agenda. Enactment No: 033621 Consent-First Reading Ordinances 14. 25-0453 Ordinance authorizing the acceptance of a grant totaling $195,567.11 from the Texas Office of the Governor-Homeland Security Grant Division for the State Homeland Security Program for two replacement X-ray equipment systems for the Corpus Christi Police Department's Bomb Squad in the amount of $195,567.11; and appropriating $195,567.11 in the FY 2025 Fire Grants Fund. This Ordinance was passed on first reading on the consent agenda. 15. 25-0260 Ordinance authorizing the acceptance of two grants from the Federal Emergency Management Agency, Public Assistance Program, under the DR-4798 Hurricane Beryl Grant Program in the amount of$20,527.58 for emergency protective measures and management costs in preparation for the Hurricane Beryl event which occurred in Summer 2024, and appropriating the funds into the Emergency Management Grants Fund. This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:27 p.m. Executive Session Item 27 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:52 p.m. K. PUBLIC HEARINGS: (ITEMS 16 -20) City of Corpus Christi Page 6 Printed on 411112025 City Council Meeting Minutes April 8, 2025 16. 25-0296 Annexation and Zoning Case ZN8575 HUT Enterprises, LLC (District 3). Ordinance annexing a 12.778-acre tract of land comprised of a 2.194-acre tract of land per owner petition, located at the southwest corner of FM 43 and SH 286, and the abutting 10.58-acre section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.194 acres from the "FR" Farm Rural District to the "CG-2" General Commercial District; and providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8575) Mayor Guajardo referred to Item 16. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Paxson moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 17. 25-0376 Zoning Case No. ZN8332, Golden Pointe, LLC. (District 4). Ordinance rezoning a property at or near 13902 South Padre Island Drive from the "CR-2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development Overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 17. Mayor Guajardo opened the public hearing. John Harper, Austin, TX, spoke in opposition to this rezoning. Mayor Guajardo closed the public hearing. Council Members and Director of Development Services Michael Dice discussed the following topic: concerns are addressed during the platting phase and building permit stage. Council Member Paxson moved to approve the ordinance, seconded by Council Member City of Corpus Christi Page 7 Printed on 411112025 City Council Meeting Minutes April 8, 2025 Cantu. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 18. 25-0378 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $114,240.00 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $114,240.00 to reimburse the developer in accordance with the agreement. (District 3). Mayor Guajardo referred to Item 18. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Paxson moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 19. 25-0379 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $102,830.40 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $102,830.40 to reimburse the developer in accordance with the agreement. (District 3). Mayor Guajardo referred to Item 19. Council Members, City Manager Peter Zanoni, and Director of Development Services Michael Dice discussed the following topic: the Capital Improvement Advisory Committee is meeting with the City to continue trust fund discussions. Mayor Guajardo opened the public hearing. There were no comments from the public. City of Corpus Christi Page 8 Printed on 411112025 City Council Meeting Minutes April 8, 2025 Mayor Guajardo closed the public hearing. Council Member Paxson moved to approve the ordinance, seconded by Council Member Cantu. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 20. 25-0380 Ordinance abandoning and vacating a 100' long centerline portion of an unused wastewater utility easement totaling approximately 14,000 square feet at or near 622 N Water Street. Mayor Guajardo referred to Item 20. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Paxson moved to approve the ordinance, seconded by Council Member Cantu. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 21 - 24) 21. 25-0454 Resolution to authorize City Manager or designee to execute a Temporary Untreated Raw Water Sales Contract with Formosa Plastics Corporation, for City to purchase up to 10,000 acre feet of untreated raw water from Lake Texana through December 31, 2025 at price of$900 per acre-foot of water with take-or-pay quantity of 2500 acre feet; and authorizing execution of one-year mutual extension for City to purchase additional 10,000 acre feet of Lake Texana water in calendar year 2026, at $900 per acre-foot rate and 2500 acre feet take-or pay quantity. Mayor Guajardo referred to Item 21. Chief Operating Officer of Corpus Christi Water Drew Molly presented information on the following topics: MRP I and II water sources-Lake Texana/LNRA and Colorado River; background; purpose; pumping scenarios; contract summary; fiscal impact; and staff recommendation. City of Corpus Christi Page 9 Printed on 411112025 City Council Meeting Minutes April 8, 2025 Council Members, City Manager Peter Zanoni, and Chief Operating Officer Molly discussed the following topics: a Council Member commended staff and Formosa for providing this untreated raw water option to the City; a request for staff to provide to Council a mid-year adjustment for raw water cost; and the water dashboard is in progress which will offer monthly data on how much water the City has and how much is used daily. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Scott moved to approve the resolution, seconded by Council Member Vaughn. This Resolution was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: 033622 22. 25-0368 Motion authorizing a professional services contract with Garver, LLC, Corpus Christi, Texas, to provide preliminary design services for the Reclaimed Water Infrastructure project to evaluate and develop a direct and indirect potable reuse plan for the Oso, Greenwood, Allison, Laguna Madre, and Broadway Water Reclamation Plants in an amount not to exceed $1,291,550.00, located Citywide, with FY 2025 funding available from Water Capital Fund. Mayor Guajardo referred to Item 22. Director of Water Systems and Support Services Nick Winkelmann provided an overview of this professional services contract. Council Members, Director Winkelmann, Chief Operating Officer Drew Molly, and Director of Operations with Garver LLC Dan Olson discussed the following topics: how to expedite the process of utilizing this water; the time frame depends on alternative water supplies; direct potable water reuse plan versus indirect potable water reuse; and past water samples can be used for this plan. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. City of Corpus Christi Page 10 Printed on 411112025 City Council Meeting Minutes April 8, 2025 Council Member Paxson moved to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: M2025-038 23. 25-0198 Resolution of the City of Corpus Christi, Texas, consenting to the creation a Municipal Management District (MMD) and inclusion of land within Nueces County Improvement District No. 1 (MMD), approving a development agreement with Paul Hayden Developments, LLC, a Texas limited liability company, Team Gumball, LLC, a Texas limited liability company, and Nueces County Improvement District No. 1 (MMD) for the development of The Reserve at Oso Creek and approving Strategic Partnership Agreement with the Nueces County Improvement District No. 1 (MMD). Mayor Guajardo referred to Item 23. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Members and Commercial Real Estate Agent Wade Spenst discussed the following topics: this development is comprised of 930 homes with a timeline of seven to eight years; and the developer's plan is revitalize the wastewater treatment plant. Council Member Paxson moved to approve the resolution, seconded by Council Member Roy. This Resolution was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: 033623 24. 25-0178 Ordinance approving and authorizing an Advance Funding Agreement between the City of Corpus Christi and the Texas Department of Transportation for the Holly Road Train Trestle to Tourism Trail Project in an amount of$11,797,839 from the Texas Department of Transportation, Transportation Alternatives Set-Aside (TASA) Program under the 2023 Call for Projects, with the design and construction managed by the City and appropriating $1,300,000 of interest income from the American Rescue Plan Act (ARPA) Fund and amending the FY 2025 Capital Budget and FY 2025 Operating Budget. City of Corpus Christi Page 11 Printed on 411112025 City Council Meeting Minutes April 8, 2025 This Item was withdrawn. M. BRIEFINGS: (ITEMS 25 -26) 25. 25-0485 Crime Stats Briefing, presented by Corpus Christi Police Chief, Mike Markle Mayor Guajardo referred to Item 25. Deputy Police Chief Billy Breedlove presented information on the following topics: crime data review; UCR part 1 crimes 2017-2024; violent crime incidents with a firearm; and family violence incidents. Council Members, Police Chief Mike Markle, Deputy Police Chief Bllly Breedlove, Assistant Police Chief Todd Green, and Assistant Police Chief David Blackmon discussed the following topics: most handguns are stolen by 15 to 25 year olds; a request for data regarding gang related assaults; funding for crime prevention programs by the community; how to minimize aggravated assaults; child/human trafficking is uncommon in Corpus Christi; 32 drones are utilized throughout the City; and reckless driving is determined by a few factors including the police officer's discretion. 26. 25-0486 Briefing on 89th Texas Legislative Session Update, Presented by Ryan Skrobarczyk, Director of Intergovernmental Relations Mayor Guajardo referred to Item 26. Director of Intergovernmental Relations Ryan Skrobarczyk presented information on the following topics: 89th session dates of interest; land use mandates and preemption; compensatory damages; property tax revenue; preemption legislation; Texas Windstorm Legislation; water supply funding; and culture, recreation and tourism. There were no questions or comments from the Council. N. EXECUTIVE SESSION: (ITEM 27) 27. 25-0435 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 regulations, legal rights, and contracts related to groundwater from the Evangeline Aquifer and other sources, including the purchase of property rights for extraction of groundwater from said aquifer, desalination, legal restrictions on and permits required for the provision of water, regulations and contracts groundwater conservation districts (including, but not limited to the San Patricio Groundwater Conservation District), TCEQ and EPA regulations related to water, state and federal regulations related to construction of water-related infrastructure, state restrictions on rates and charges for utilities, statutory restrictions on the issuance of debt and governmental contracting, and potential authorization of contracts for attorneys City of Corpus Christi Page 12 Printed on 411112025 City Council Meeting Minutes April 8, 2025 and consultants to assist in matters related to water. and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned property rights 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. O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:27 p.m. City of Corpus Christi Page 13 Printed on 411112025 Monday,April 7,2025 Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission �•;..� Y 9 , g , 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,April 8,2025 Name John Weber Address 609 Naples St 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 Public comment Agenda Item Number Public comment Comment Please see attached Word document.Thank you. Upload supporting images or documents. 4.8.25.docx Provide an email to receive a copy of js_weber@hotmail.com your submission. i Please see sent in Power Point Presentation for more details. Slide 1-A person wearing a hat and breaking decorum Slide 2- Rules of decorum, cannot wear hats that potentially impair the view of audience members Slide 3- Council member Barrera and ex Chief Rocha doing a press conference together in front of Bridge Credit Union Slide 4- Ex Chief Rocha hired on by Kiewit as part of the Inner Harbor Desal project Slide 5- Concerns over Kiewit awarding itself subcontracts of$89 million Slide 6- State officials rejecting$30 million to Kiewit Slide 7- Freshly reported news that Kiewit's final bid is hundreds of millions above expert estimates Slide 8-Steve Quisenberry and Matthew Held are the managing members of Bootstrap Energy LLC, the Bitcoin mining company that secured tens of millions of dollars of tax breaks from the City and likely hasn't paid any taxes yet Slide 9- How Steve and Matt are connected to Bootstrap Energy LLC and other companies Slide 10-Steve and Matt individually donated $5,000 each to Council member Barrera's campaign. Slide 11-Tax message between Matt and Council member Barrera regarding the amended agreement with the company so the City didn't reannex the property Slide 12- Miscellaneous water studies Slide 13- Inner Harbor ship channel water velocities Slide 14- Data from CORMIX modeling 1 S r S Q. m,��pUBLIC PART II-COUNCIL POLICIES � 5.-Rules of decorum. -S,SHOW CHANGES M 1 Q MO To conduct the business of the City,and to properly discharge its duty,the City Council must hear in many instances a variety of differing viewpoints.To obtain all relevant information from differing viewpoints,rules of decorum are necessary. Thus,the City Council adopts the following rules to assist in the orderly deliberation of matters affecting the City and its citizens. a. The City Secretary shall see that the flag of the United States and the flag of the City of Corpus Christi are properly and prominently displayed at some convenient place in the City Council Chamber. ness. b. Each day the City Council is in session,the City Secretary shall call the roll of the City Council and required City Charter officers and announce the results of such roll call.The City Secretary shall declare if a quorum is present and the necessary City Charter officers present,subject to confirmation of the City Council. Is. c. The session shall begin with an invocation followed by the Pledge of the Allegiance to the flag of the United ■ States of America, d. While the City Council is in session there shall be; 1. No smoking of cigarettes,pipes,or cigars; 2. No consumption of any kind by the audience; 3. No propping of feet on tables or chairs; 4. No loud noises,talking,shouting,etc.; 5. No loud demonstrating for or against the Council or any speaker,issue,or presentation; 6. No applause,booing,hissing,foot stomping,parading,singing,or other disruptive inappropriate behavior; 7. No wearing of hats,caps,or headgear,that potentiallv impair the view of audience members. A I '.bye. •�.,may�_���, - '" TEXAS rti PART T.21 PROPOSER TEAM Augmenting the Team with Support Personnel None of our key personnel changed_We are augmenting the team by adding support personnel. Support Personnel Role And Responsibilities • Acts as the liaison with our fab yard to provide Bo brings his almost 35 years vrith -� training opportunities to local new hires the company to smooth the staffing r o Klewlt Coordinate--fab yard use to prefab materials transition while lessening site and equipment—protecting cost and schedule congestions through prefabrication and Bo Johnson Moving staff between the fab yard and Project investing in local labor market through Fab Yard Area lvlanader site based on Project needs training opportunities_ • Brings extensive marine construction expertise Ram brings 20 years of lessons from his 16 year career with Weeks Marine learned as a Project Sponsor and WEEK Will focus on marine construction,including Project Manager in Texas,Hawaii, pipeline,pile driving,wedging and other Louisiana,Colombia,Mexico,Panama Ram Galvan marine work and the Caribbean_ Marine Construction Lead • T5 Water Treatment Operator and a Colter has worked closely with Rhonda 4 Grade D5 in Water Distribution Harris,this Project's Commissioning —PATIaN— His 25-year background is with cities and and O&M Training Lead,leaving water agencies,so Colter knows well the the pair with extremely valuable Colter Anderson perspectives of operators_ experience and familiarity. Subject Matter Expert and Technical Support • Hligh conwriu nityvisiniity,updating local Robed,former Corpus Christi Fire community groups on Project progress Chief and ukinately responsible for • Aflends/participates in City functions City's Emergency Management Dept, concerning the Project brings deep community ties and Robert Rocha updates elected officials in advance of City institutional knowledge to his role as Community Interface Lead Council briefings so there are no surprises community liaison. Among the highlighted concerns is Kieiti it Co i oration —which was chosen as the project's Construction Manager-at-Risk(CMR) — awarding itself multiple subcontracts totaling more than $89 million, Under that practice, Kiewit determined each subcontract's scope and requirements and assessed the proposals submitted. They Were then tasked with recommending bids to the Connecticut Port Authorit, and its designated administrator. State finance officials rejected more than $30 million in payments to Kiewit Infrastructure West this past quarter because they believe the former rail contractor may be part of the federal criminal probe into the multibillion-doliar transit project. • "Despite numerous efforts by the construction Authority to collaborate,including making dozens of contract changes requested by Kiewit to reduce costs, Kiewit's final bid remained hundreds of millions of dollars above expert estimates and available funding,' FGLCA said in the release."As a result,it's both impossible and inappropriate to move forward with their bid" O 8 httpc/tynny,eorporalionwiloaom/p/3a5pye/bootstrap energy Ui i. 1 j'y ( [�] v rp Name 'r Steve Quisenberry 0 Background Report- Managing Member •r Matthew J. Held 0 Background Report - Managing Member I t Y•' 1 1 1 I 1 Y https:/pwnv.transparencyusa.org/tx/candidate/roland-barrera/contributors A"' Q Roland Barrera $485 $188,341 $226,284 CASH ON HAND TOTAL CONTRIBUTIONS TOTAL EXPENDITURES Overview Contributions Contributors This page displays the cumulative omount given by these contributors to this candidate during the selected election cycle. View By: • •• CONTRIBUTIONS Total Contributions 11 Contributor Type $25,000.00 Texans for Lawsuit Reform PAC ENTITY $8,500.00 Jennifer and Philip C Skrobarczyk INDIVIDUAL $6,000.00 Alex Azali INDIVIDUAL $5,000.00 Mark Marlow INDIVIDUAL $5,000.00 Matthew Held INDIVIDUAL $5,000.00 Steven quisenberry INDIVIDUAL P 3 i N� �r r r � s r �r r w r ......................... . .._. 2. CUTTING THE GORDIAN KNOT:WHAT CAN BE DONE WITH THE CONTAMINATED ❑ SEDIMENTS IN THE HUDSON ESTUARY AND THE NEW YORK BIGHT APEX? Journal of Urban Technology,Volume 3, Issue 2,p.81-96 1996-05 3. ANTIFOULING MARINE COATINGS AND THEIR LONGTERM ENVIRONMENTAL IMPACT ❑ 21 p. 1979 4. SUBJECT CLASSIFIED LITERATURE REFERENCES ON EFFECTS OF OIL POLLUTION IN ARCTIC ❑ AND SUBARCTIC WATERS 205 p. 1978 5. HACKENSACK ESTUARY OIL SPILL:CUTTING OIL-SOAKED MARSH GRASSES AS AN ❑ INNOVATIVE DAMAGE CONTROL TECHNIQUE From the 1977 Oil Spill Conference,New Orleans, Louisiana, March 8-10, 1977., p.243-246 1977 6. DISTRIBUTED REUSABLE-SORBENT OIL RECOVERY SYSTEM ❑ Presented at the Oil Spill Conference in New Orleans,Louisiana, March 8-1 O, 1977., p.247-250 1977 7. THE INFLUENCE OF COASTAL FRONTS ON THE MOVEMENT AND DISPERSION OF OIL SLICKS ❑ 2 p. 1975-10-25 8. PREDICTIVE METHOD FOR ASSESSING THE IMPACT ON MAINTENANCE DREDGING IN AN ❑ ESTUARY International Ocean Development Conference,Third,prepared in Tokyo.Japan,August 5-8, 1975 1975.,Volume 5, p. 169-186 9. EFFECTS OF PETROLEUM ON ESTURINE BACTERIA ❑ Marine Pollution Bulletin,Volume 5,Issue 12, p. 186-188 1974-12 10. EUTROPHICATION--A DREDGING PROBLEM ❑ World Dredging and Marine Construction,Volume 9, Issue 14, p.42-47 1973-12 11. ENVIRONMENTAL ASPECTS OF DREDGING IN ESTUARIES ❑ Journal of Waterways, Harbors&Coast Eng Div,Volume 98, Issue WW4, p.475-487 1972-11 .! �11 t4 bj• 11 , a'- ? 1 r� 11 I-f ILI 1 35`LY:ArA Idal]ci1:y1 " ' �` 4tt r i i ADCPCell Number and Cross-channel distance{m)from AtiCP location Cell 1 Cell 2 Cell 3 Cell 4 Cell S CeI16 Cell 7 Cella Cel19+1i Cell lil 6,5 16.5 26.5 365 46.5 56.5 665 765 96.5 96..5 2120/202014.00 4.694404 1.901045 2.318693 0.688292 0.35222 1.130498 5.855435 7.987327 8.568976 7.643352 2/201202014:15 6.832612 7.873122 5.792272 5.939617 5.145023 1.966305 -10.2155 -42.1482 -29.8269 -9.71528 2j20120201400 2.94895 -3.09805 -3.6369 -4.25959 -8.06907 -10.322 -11.2397 -13.7219 -14.9345 -10.9203 2/2012020 HAS 2.32643 -4.75125 -2.98175 -6.20958 -6,14398 -3.90931 -4A0762 -5.62003 -3.72774 -2.19591 2/20/202015:00 6.07872 -7.10275 -2.23661 -6.9554 -7.94662 -9.45407 -10.4944 -5.90682 -9.09344 -8.33989 2/20/202015:15 -4.24379 -7.84015 -8.75753 -9.87996 -8.37252 -8.60195 -7.87278 -6.70948 -65211 -4.39113 2120/202015.30 2.343.013 -3.03928 -5.07925 -3.9998 -4.26817 -3.10488 -3.68652 -4.57128 -2.97367 -2.65426 2/2012020 15.45 2.23661 -2.80177 -3.05576 -3.59005 -3.49814 -3.48165 -2.31028 0.540606 0.016315 0.295031 2/201202016:00 -2.54778 -2.30204 -1.8679 -2.55603 -4.76791 -2.67898 -5.84929 -4.98085 -1.64655 -0.89475 2/2011&016-.15 1.76143 -4.70248 -3.43271 -3.50638 -2.17908 -4.24345 -4.25169 -2.82633 -2.25275 -2.28555 2/201202016:30 3.78492 -6.91419 -3.52252 -4.66934 -4.73494 -5.01348 -4.24345 -4.76774 -2.8344 -3.32589 2/201202016:45 2.80177 -2.84264 -0.21.295 2.539711 0.335903 0.06577 0.737747 -8.59319 -6.47164 -4.35816 2/20/202017:00 5.382186 2.219953 2.563929 3.285021 1.261528 0.089988 2.359226 1.662692 -18.7271 -41.7058 2/20/202017:15 1.425359 -0.89299 -1.68759 -0.90124 0.71.2679 7.676152 1.925262 OA58861 -0.36029 1.253456 2120/202017:30 1.900705 2.375881 -1.17154 -0.43413 -0.60621 -0.49149 0.335903 3.989627 -0.90107 -2.79353 2/201202017.45 1.613577 -0.92596 -1.76967 -3.29343 -4.47305 -0.44255 -3.12977 -5.95542 -3.01489 -0.57358 2/201262018:00 2.54778 -2.4578 -3.07225 -3.08049 -1.0898 -1.70424 -1.86807 -3.76861 -3.85035 -3.064 2/20/202018:15 6.30008 -9.22464 -10.0682 -115181 -12.5093 -7.34008 -5.94752 -1.25295 4.735617 0.11.5055 2/20/202018:30 3.57198 -1.4992 -4.89069 -6.43901 -5.62003 -1.64672 -2.94281 -5.22694 -4.44866 -3.14609 2/20/202018:45 4.05523 -6.51302 -7.92224 -5.0,3767 -4.62039 -4.432 -4.97278 -3.70301 -3.56374 -2.71986 Tuesday,April 8,2025 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,April 8,2025 Name Clayton Smith Address 13925 Coquina Bay Ave. Corpus Christi,Texas,78418 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 4 Topic 25-0376 Agenda Item Number 25-0376 Comment We are in opposition to the rezoning of this area, as the developer is attempting to build 40 residences on Crane Islands that will permanently affect/destroy estuarial wetlands.The area near this property are not zoned for residential use and the ecological impacts would needlessly destroy dwindling habitat for wildlife including endangered species. Proper studies,including impact surveys, have not been done. No such re-zoning should be approved until a full understanding is reached. Provide an email to receive a copy of claytonasmithtx@gmail.com your submission. se GO � O� A v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting April 8, 2025 'NCOOPOH PE 1852 DATE: April 8, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2604 Acceptance of a grant totaling $195,567.11 from the Texas Office of the Governor- Homeland Security Grants Division for the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant totaling $195,567.11 from the Texas Office of the Governor—Homeland Security Grant Division for the State Homeland Security Program for two replacement X-ray equipment systems for the Corpus Christi Police Department's Bomb Squad in the amount of$195,567.11; and appropriating $195,567.11 in the FY 2025 Fire Grants Fund. SUMMARY: This ordinance authorizes accepting and appropriation of a grant totaling $195,567.11 from the Homeland Security Grant Program's (HSGP) State Homeland Security Program (SHSP). SHSP is one of three grant programs that comprise the HSGP. BACKGROUND AND FINDINGS: The HSGP is a federal grant program that is managed by the State. The equipment purchased using these grants funds will support local and state efforts to prevent terroristic and catastrophic events and prepare for the threats and hazards that pose the greatest risk to the security of Texas citizens. Since 2002, the United States Department of Homeland Security has issued grants to the State of Texas. The funding received from this grant will be used to purchase two replacement X-Ray equipment systems for the Corpus Christi Police Department's (CCPD) Bomb Squad. The X-Ray equipment systems will provide CCPD's bomb technicians with the ability to look inside suspicious containers remotely without having to open them. This will provide CCPD's bomb technicians and the public with additional safety as well as more efficient operations when responding to emergencies. The Corpus Christi Fire Department applies for this grant of behalf of the City. The City has received this grant since 2002. In FY 2024, the City received $181,346.31 from this grant. The grant funding was used to purchase equipment for CCPD's Special Weapons and Tactics Team and Hostage Negotiation Team. ALTERNATIVES: The alternative is to not accept the grant and seek alternative funding. However, this would place the public and police officers at a higher risk of terrorism and catastrophic events as these funds are not part of the City's FY 2025 General Fund Budget. FISCAL IMPACT: The FY 2025 fiscal impact is the acceptance of funding in the amount of $195,567.11 and appropriating $195,567.11 into the FY 2025 Fire Grants fund. The Corpus Christi Fire Department applies for this grant of behalf of the City. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 89 Grants & CIP / TBD Department Number: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $195,567.11 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate the grant totaling $195,567.11 for the purchase of two replacement X-Ray equipment systems for CCPD's Bomb Squad, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of a grant from the Office of the Governor - Homeland Security Grants Division for the FY2025 Homeland Security Grant Program in the amount of$195,567.11 for x- ray equipment for the Corpus Christi Police Department's Bomb Squad to prevent terroristic and catastrophic events; appropriating funds in the amount of$195,567.11 to the Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Fire Department accepts funding in the amount of $195,567.11 from the Office of the Governor ("OOG") - Homeland Security Grants Division under the FY2025 Homeland Security Grant Program for x-ray equipment for the Corpus Christi Police Department's Bomb Squad. SECTION 2. That $195,567.11 is appropriated in the No. 1062 Fire Grants Fund from the Office of the Governor - Homeland Security Grants Division for the FY2025 Homeland Security Grant Program described in Section 1 . SECTION 4. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, 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 Chief of Police 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 OOG Grant funds, the City assures that the funds will be returned to the Office of the Governor - Homeland Security Grants Division, in full. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal i funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 5102501 Award Amount: $195,567.11 Date Awarded: 3/13/2025 Grantee Cash Match: $0.00 Grant Period: 10/01/2024-04/30/2025 Grantee In Kind $0.00 Match: Liquidation Date: 07/29/2025 Grantee GPI: $0.00 Program Fund: HS-Homeland Security Grant Program Total Project Cost: $195,567.11 (HSGP) Grantee Name: Corpus Christi,City of Project Title: Bomb Squad Equipment-Xray Grant Manager: Mitch Hachey Unique Entity Identifier XETBTPKC1895 (UEI): CFDA: 97.067-Homeland Security Grant Program(HSGP) Federal Awarding U.S.Department of Homeland Security,Federal Emergency Management Agency Agency: Federal Award 9/12/2022 Date: Federal/State Award ID EMW-2022-SS-00021 Number: Total Federal Award/State $103,385,451.00 Funds Appropriated: Pass Thru Entity Texas Office of the Governor—Homeland Security Grants Division(HSGD) Name: Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of Federal/State the United States. The HSGP provides funding to implement investments that build, sustain,and Award deliver the 31 core capabilities essential to achieving the National Preparedness Goal(the Goal)of a Description: secure and resilient Nation. The building,sustainment,and delivery of these core capabilities are not exclusive to any single level of government,organization,or community,but rather,require the combined effort of the whole community. 14"x 1 7" STENOS 11 Logos Imaging's STENOS is our newest, biggest and most rugged DR Imaging Sys- tem,with a 3 mm bottom border. • Glass-free • On-board calibration • Zero RF signature on startup with on/off switch for wireless communications • All batteries used in the system are removable • Automatic Exposure Detection (AED) with no additional accessories • Android compatible Features STENOS1P67 and Glass-Free SPECIFICATIONS • 3 mm Bottom Border with 84%Fill Factor • 140 µm Pixel Size,3.S7 1p/mm • Up to 10 hours of operation on a single charge Technology Amorphous Silicon with TFT Weight 6.5 lb(2.9 kg)including battery Battery life 5 hours Dimensions(Panel) 15.2"x 18.1" x 0.6",386.0 x 460.0 x 15 mm Pixel Area 13.8"x 16.8",350 x 427 mm Pixel Size 140 pm Limiting Resolution 3.57 1p/mm AD Conversion 16 bits Communications Interface Wireless IEEE 802.1lac Wired LAN Communications Range Wireless 150 m with standard antenna*; Wired 25 m with standard cable reel; Additional network options available *Line of Sight;higher gain antennas available for longer range. ContactLogos • • Free .1.. P.O.Box 576,Windsor,CO 80550 Fax (765) 1 1 Shipping •.• • V. 4. _ 4523 Endeavor Drive,Unit B,Johnstown,CO 80534 Web www.logosimaging.com f 0 in G� pia 1-1 AGENDA MEMORANDUM yC-RPOR 11 1st Reading Ordinance for the City Council Meeting April 8, 2025 1852 2nd Reading Ordinance for the City Council Meeting April 15, 2025 DATE: March 18, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonWa-cctexas.com 361-826-3935 Sergio Villasana, Director of Finance and Procurement SergioV2a-cctexas.com 361- 826-3227 Ordinance authorizing the acceptance of two grants from the Federal Emergency Management Agency under Public Assistance - Hurricane Beryl in the amount of $20,527.58 for emergency protective measures and management costs in preparation for Hurricane Beryl and appropriating the funds into the Emergency Management CAPTION: Ordinance authorizing the acceptance of two grants from the Federal Emergency Management Agency, Public Assistance Program, under the DR-4798 Hurricane Beryl Grant Program in the amount of $20,527.58 for emergency protective measures and management costs in preparation for the Hurricane Beryl event which occurred in Summer 2024, and appropriating the funds into the Emergency Management Grants Fund. SUMMARY: This ordinance authorizes the Corpus Christi Fire Department to accept funding from the Federal Emergency Management Agency, Public Assistance Program. The proposed grants will provide funding for the reimbursement of overtime utilized by the Corpus Christi Fire Department while providing emergency protective measures due to Hurricane Beryl. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, 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. BACKGROUND AND FINDINGS: The Public Assistance (PA) Program provides grants to state, territorial, local, and federally recognized tribal governments and certain private non-profit entities to assist them with the response to and recovery from disasters. Specifically, the program provides assistance for debris removal, emergency protective measures, and permanent repair, restoration, reconstruction or replacement of eligible of public facilities and infrastructure damaged or destroyed in a disaster. PA program is a reimbursement program that reimburses funds used for debris removal, emergency protective measures, and permanent restoration of infrastructure. The City of Corpus Christi received award letters on February 12, 2025 and February 17, 2025, stating that it had been awarded DR-4798 (Hurricane Beryl) Public Assistance Subgrant#520 for participation in emergency protective measures and #1900 for management costs by FEMA, with funding being passed through the Texas Department of Emergency Management. This funding will be utilized to reimburse the City for expenses that have already been incurred during the Hurricane Beryl weather event, July 5, 2024— July 9, 2024. ALTERNATIVES: The alternative is to not accept the grant funding to reimburse for expenses that have already been incurred by the City of Corpus Christi. FISCAL IMPACT: The fiscal impact is the acceptance of funding in the amount of $20,527.58 and appropriating $20,527.58 into the Emergency Management Grants fund. Funding Detail: Fund: 1063 Emergency Management Grants Fund Organization/Activity: 89 Grants & Capital Project Funds/ FEMA PA— PW520 & PW1900 Department: 10 Fire Dept Account: 548500 Transfer Account RECOMMENDATION: Staff recommends accepting the grant funding from the Federal Emergency Management Agency, Public Assistance Program, under the DR-4798 Hurricane Beryl Grant Program in the amount of$20,527.58 for emergency protective measures in preparation for Hurricane Beryl. LIST OF SUPPORTING DOCUMENTS: Ordinance Certificate of Funds Presentation Award Letter Ordinance authorizing the acceptance of two grants from the Federal Emergency Management Agency under Public Assistance - Hurricane Beryl in the amount of $20,527.58 for emergency protective measures and management costs in preparation for Hurricane Beryl and appropriating the funds into the Emergency Management Grants Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Funding in the amount of $20,527.58 is accepted by the City of Corpus Christi ("City") from the Federal Emergency Management Agency, under the DR-4798- Hurricane Beryl Public Assistance Grant Program and appropriated into the Emergency Management 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. There is no cost share for the grants. SECTION 4. The City Manager, or designee, may reject or terminate the grants. Furthermore, the City Manager, or designee, 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 Director of Finance and Procurement is designated as the City's authorized official to administer the grants. The authorized official is empowered to apply for, accept, reject or terminate the grants and its funding, execute all necessary documents, and administer the grants on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of these Public Assistance Grant funds, the City assures that the funds will be returned to the Federal Emergency Management Agency, in full. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary �SOVlSON �= TDEM �NCFNCY MPNAGE�� THE TEXAS A&M UNIVERSITY SYSTEM February 12, 2025 Mahogany Garza Grants Program Manager City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 FIPS Number: 355-17000-00 UEI Number: XETBTPKCL895 RE: FEMA Public Assistance Grant 4798 — Hurricane Beryl Assistance Listing Number (ALN) 97.036 — Public Assistance Grant Program Federal Award Identification Number 4798DRTXP00000001 FEMA Project Number: 00520; Amendment: #0 DR 4798 Emergency Work Deadline: 01/09/2025 DR 4798 Permanent Work Deadline: 01/09/2026 Project Title: 758427 — B — Hurricane Beryl Reimbursement Scope of Work Date: 07/05/2024 to 07/07/2024 Period of Performance: 07/09/2024 to 01/09/2025 Award Notification A FEMA Public Assistance subgrant has been awarded by Texas Division of Emergency Management (TDEM). Project #: 758427 Version / Federal Total Federal Federal Local Cost Local Cost Amendment Award Subgrant Cost Share Funds Share Share Date Amount Percentage Obligated Percentage Amount 0 01/30/2025 $25,659.48 75% $19,244.61 25% $6,414.87 Total $25,659.48 $19,244.61 $6,414.87 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award. For disasters declared prior to August 1 , 2017, Direct Administrative Costs are allowable as outlined in the project scope. Management costs are allowable under a separate award for disasters declared on or after August 1 , 2017.11 I Refer to Management Cost guidance detailed in Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and within the Public Assistance Management Costs(Interim)Recovery Policy FP 104- 11-2. 2883 Highway 71 E PO Box 285 Del Valle, TX 78617-9998 Corpus Christi Subaward 758427— Page 2 A copy of the approved scope of work can be viewed at the version tab in GMS for this project at Grants.tdem.texas.gov and is also attached for your convenience. If your project contains 406 Mitigation Proposal, it will also be attached and available at the version tab. Your project worksheet may or may not have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration (REC) can be viewed at the version tab in GMS for this project as well. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. It is important that the Subrecipient read, understand, and comply with the scope of work and all terms and conditions. It is also vital that this information be disseminated to Subrecipient's staff and contractors that are involved in work related to administrative support or administration of the subgrant. If changes are needed to the scope of the subaward, period of performance or costs associated to the subaward, the Subrecipient should immediately contact TDEM. No change will be considered made to the subaward until the Subrecipient is notified in writing by TDEM. Should you wish to appeal any determination related to this project you must do so within 60 days of receipt of the notice of the action. If you elect to appeal, please submit your appeal with any documentation supporting your position directly to TDEM via the Grants Management System at https://grants.tdem.texas.gov within the allotted time. Here is the Project Appeal Job Aid for your guide Project Appeals Job Aid. If you have any questions, please contact TDEM Recovery Coordinator, Eunice Garcia, by phone at (956) 974-3731, or email at eunice.garcia@tdem.texas.gov or you may contact the TDEM Support Affiliate, Tho Do, by phone at (254) 300-7023 or by email at tho.do@horne.com. ATTACHMENTS: Scope of Work (FEMA Project Worksheet) Record of Environmental Consideration Page 1 2 Department of Homeland Security Federal Emergency Management Agency General Info Project# 758427 PM# 520 Project Type Work Completed/Fully Documented Project Category B-Emergency Protective Measures Applicant Corpus Christi,City of(355-17000-00) Project Title Hurricane Beryl Reimbursement Event 4798DR-TX(4798DR) Project Size Small Declaration Date 7/9/2024 Activity 1/09/2025 Incident Start Date 7/05/2024 Completion Date Incident End Date 7/9/2024 Process Step Obligated Damage Description and Dimensions The Disaster#4798DR, which occurred between 0710512024 and 0710912024, caused: Damage # 1400426; Emergency Protective Measures (Damage for Project [758427] Hurricane Beryl Reimbursement) During the incident period of 7/5/2024 through 7/9/2024,a(n)Tropical Storm created an immediate threat to the health and safety of the general public requiring emergency response and protective measures. ■ Provided Emergency Protective Measures for Hurricane Beryl to protect from the immediate threat to the lives, health and safety of the general public and/or lessen the immediate threats of significant additional damages to improved property at City of Corpus Christi,TX from 7/5/2024 to 7/7/2024. Final Scope 1400426 Damage for Project [758427] Hurricane Beryl Reimbursement Cost share for this version is 75%.All work and costs in this project fall between 7/05/2024 and 7/07/2024. Work Completed The applicant utilized force account labor and equipment in taking the Emergency Protective Measures. City of Corpus Christi Date Downloaded: 2/11/25 2:33pm EST 1 of 7 A. Provided flood fighting by distributing sandbags to the public. B. Provided the pre-positioning of equipment from the coast to further inland to be accessible for search and rescue and other emergency efforts. C. Provided an Emergency Operation Center(EOC)at the FEMA Dome for staff to monitor the potential disasters in preparation for the Hurricane Beryl event from 07/05/24 to 07/07/24. • 13902 NW Blvd.Corpus Christi,TX 78410 • GPS:(27.85901,-97.63713) �. Force Account Labor(OT):22 Laborers,226.20 hours,$24,565.83 2. Force Account Equipment:3 EA,35 hours,$1,093.65 Work Completed Total:$25,659.48 Project Notes: 1.Scope and cost were developed based on applicant cost summaries and certification included in the Schedule EZ. 2.Pay policy has been provided and reviewed.See attachment labeled HR-4.0-Classification-Compensation-Procedures(1).pdf. 3.Sandbagging distribution was located at:5352 Ayers St.,Corpus Christi,TX 78415.GPS:(27.73037,-97.42969).The City of Corpus Christi was not responsible for the disposal of the sandbags after use;no final disposal site was utilized. 4.Temporary staging of equipment was located at:13902 NW Blvd.,Corpus Christi,TX 78410.GPS:(27.85901,-97.63713). 5.Source of sand:2726 Holly Rd.,Corpus Christi,TX 78415. GPS:(27.72517,-97.42708). 6.The Applicant used the 2023 FEMA equipment rates for cost pertaining to the equipment.The cost codes used were 8807 and 8810. 7.The project's total force account labor(OT)cost claim being captured is$2,662.64 greater than what is stated in the SPA due to the Applicant omitting some fringe benefit rates.See attachment labeled Project 758427 Email on Cost Change and Meals.pdf. S.The Applicant removed the straight time labor cost of$19,835.94,standby labor(communications department)cost of$6,357.78 and materials cost of $1,367.37.See documents labeled Project 758427 Email on ST Labor and Meal Costs.pdf,Simplified Procedures Cost Summary Workbook-COCC BERYL REV 1.10.25.xlsx and Project 758427 Email on Cost Revision to Standby Time.pdf. Date Downloaded: 2/11/25 2:33pm EST 2 of 7 Cost Code Quantity Unit Total Cost Section 9008(Equipment) 1.00 Lump Sum $1,093.65 Completed 9007(Labor(OT) 1.00 Lump Sum $24,565.83 Completed CRC Gross Cost $25,659.48 Total Insurance Reductions $0.00 CRC Net Cost $25,659.48 Federal Share(75.00%) $19,244.61 Non-Federal Share(25.00%) $6,414.87 Date Downloaded: 2/11/25 2:33pnn EST 3 of 7 Award Information Version Information Version Eligibility Current Bundle Project Cost Federal Share Date # Status Location Number Amount Share Obligated Obligated Drawdown History EMMIE Drawdown Status As of Date I IFMIS Obligation# Expenditure Number Expended Date Expended Amount No Records Obligation History Version# Date Obligated Obligated Cost Cost Share IFMIS Status IFMIS Obligation# 0 1/30/2025 $19,244.61 75% Accepted 4798DRTXP00005201 Date Downloaded: 2/11/25 2:33pm EST 4 of 7 Subgrant Conditions • As described in Title 2 Code of Federal Regulations(C.F.R.)§200.333,financial records,supporting documents,statistical records and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three(3) years from the date of submission of the final expenditure report or,for Federal awards that are renewed quarterly or annually,from the date of the submission of the quarterly or annual financial report, respectively,as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. Exceptions are stated in 2 C.F.R. §200.333(a)—(f)(1)and (2).All records relative to this project are subject to examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work related to disaster-specific costs. • The Recipient must submit its certification of the subrecipient's completion of all of its small projects and compliance with all environmental and historic preservation requirements within 180 days of the applicant's completion of its last small project, or the latest approved deadline,whichever is sooner. • When any individual item of equipment purchased with PA funding is no longer needed,or a residual inventory of unused supplies exceeding$5,000 remains,the subrecipient must follow the disposition requirements in Title 2 Code of Federal Regulations(C.F.R.)§200.313-314. • The terms of the FEMA-State Agreement are incorporated by reference into this project under the Public Assistance award and the applicant must comply with all applicable laws, regulations, policy,and guidance.This includes,among others,the Robert T.Stafford Disaster Relief and Emergency Assistance Act;Title 44 of the Code of Federal Regulations; FEMA Policy No. 104-009-2, Public Assistance Program and Policy Guide;and other applicable FEMA policy and guidance. • The DHS Standard Terms and Conditions in effect as of the declaration date of this emergency declarations or major disaster,as applicable,are incorporated by reference into this project under the Public Assistance grant,which flow down from the Recipient to subrecipients unless a particular term or condition indicates otherwise. • The Uniform Administrative Requirements,Cost Principles,and Audit Requirements set forth at Title 2 Code of Federal Regulations(C.F.R.)Part 200 apply to this project award under the Public Assistance grant,which flow down from the Recipient to all subrecipients unless a particular section of 2 C.F.R. Part 200,the FEMA-State Agreement,or the terms and conditions of this project award indicate otherwise.See 2 C.F.R.§§200.101 and 110. • The subrecipient must submit a written request through the Recipient to FEMA before it makes a change to the approved scope of work in this project. If the subrecipient commences work associated with a change before FEMA approves the change, it will jeopardize financial assistance for this project.See FEMA Policy No. 104-009-2, Public Assistance Program and Policy Guide. • Pursuant to section 312 of the Stafford Act,42 U.S.C.5155, FEMA is prohibited from providing financial assistance to any entity that receives assistance from another program, insurance,or any other source for the same work.The subrecipient agrees to repay all duplicated assistance to FEMA if they receive assistance for the same work from another Federal agency, insurance,or any other source. If an subrecipient receives funding from another federal program for the same purpose, it must notify FEMA through the Recipient and return any duplicated funding. Insurance Additional Information 1/14/2025 Project was reworked for additional documentation.No changes to insurance determination. Richard Ambrose,PA Insurance Specialist(CTR),CRC Surge 01/06/2024 Date Downloaded: 2/11/25 2:33pm EST 5 of 7 Property insurance coverage for the Emergency Protective Measures represented on this project are not insured or insurable.No insurance relief is anticipated. FEMA requires the Applicant to take reasonable efforts to pursue claims to recover insurance proceeds that it is entitled to receive from its insurer(s). In the event any insurance proceeds are received for these expenses those proceeds must be reduced from FEMA Public Assistance funding to ensure no duplication of benefits has occurred. No duplication of benefits from insurance is anticipated for work described in this application. In the event any part or all costs are paid by an insurance policy,a duplication of benefits from insurance will occur.Applicant must notify grantee and FEMA of such recoveries and the Sub-Grant award amount must be reduced by actual insurance proceeds. No insurance requirements will be mandated for the damages included in this project. Insurance requirements are specific to permanent work to replace, restore,repair,reconstruct,or construct buildings,contents, equipment,and vehicles(FEMA Recovery Policy FP 206-086-1). No insurance Narrative will be produced or uploaded into documents or attachments. No O&M is required for the facilities represented on this project. Richard A Ambrose,PA Insurance Specialist(CTR),CRC Surge O&M Requirements There are no Obtain and Maintain Requirements on Hurricane Beryl Reimbursement. Environmental Historical Preservation Is this project compliant with EHP laws, regulations,and CM executive orders? EHP Conditions • Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. • This review does not address all federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,state and local laws. Failure to obtain all appropriate federal,state and local environmental permits and clearances mayjeopardize funding. • If ground disturbing activities occur during construction,applicant will monitor ground disturbance and if any potential archaeological resources are discovered,will immediately cease construction in that area and notifythe State and FEMA. EHP Additional Info There is no additional environmental historical preservation on Hurricane Beryl Reimbursement. Date Downloaded: 2/11/25 2:33pm EST 6 of 7 Final Reviews Final Review Reviewed By Emmers, Michael G. Reviewed On 01/23/2025 1:04 PM EST Review Comments Approved Recipient Review Reviewed By Sorensen,Christopher Reviewed On 01/28/2025 9:52 AM EST Review Comments No comments available for the Recipient Reviewstep Project Signatures Signed By Sandoval,Julie Signed On 01/28/2025 Date Downloaded: 2/11/25 2:33pm EST 7 of 7 01/22/2025 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 20:54:18 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project ID: PA-06-TX-4798-PW-00520 Title: 758427-Hurricane Beryl Reimbursement NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fonsi Date: Level: STATEX EIS Notice of Intent Date: EIS ROD Date: Comments: City of Corpus Christi,Nueces County,Category B, 100%Complete As part of emergency protective measures in preparation for Hurricane Beryl,the Applicant distributed sandbags to the public;provided pre-positioning of equipment to be accessible to search and rescue as well as other emergency efforts;and established an Emergency Operations Center(EOC)(GPS: 27.85901,-97.63713)at the FEMA Dome.The sand for sandbags was sourced from 2726 Holly Rd., Corpus Christi,TX 78415(GPS:27.72517,-97.42708).Sandbags were distributed to the public from 5352 Ayers St.,Corpus Christi,TX 78415(GPS:27.73037,-97.42969).The City of Corpus Christi was not responsible for the disposal of the sandbags after use;no final disposal site was utilized.Temporary staging of equipment was located at 13902 NW Blvd.,Corpus Christi,TX 78410(GPS:27.85901,- 97.63713). This project has been determined to be Statutorily Excluded from NEPA review in accordance with Section 316 of the Stafford Act.Particular attention should be given to the project conditions before and during project implementation.Failure to comply with these conditions may jeopardize federal assistance including funding. -rautryl -01/22/2025 19:46:16 GMT CATEX CATEGORIES Catex Category Code Description Selected No Catex Categories were selected EXTRAORDINARY CIRCUMSTANCES Extraordinary Circumstance Code Description Selected? No Extraordinary Circumstances were selected ENVIRONMENTAL LAW/EXECUTIVE ORDER Environmental Law/ Executive Order Status Description Comments Clean Air Act(CAA) Completed Project will not result in permanent air emissions-Review concluded Coastal Barrier Resources Act Completed Project is not on or connected to CBRA Unit (CBRA) or otherwise protected area-Review concluded Clean Water Act(CWA) Completed Project would not affect any water of the U.S. -Review concluded Coastal Zone Management Act Completed Project is located in a coastal zone area Based on consultation with Texas General Land (CZMA) and/or affects the coastal zone Office(GLO)and review of Coastal Coordination Council(CCC)General Concurrence#5,FEMA has determined that this project is deemed consistent with the goals and policies of the NOTE:All times are GMT using a 24-hour clock. Page 1 of 3 01/22/2025 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 20:54:18 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project ID: PA-06-TX-4798-PW-00520 Title: 758427-Hurricane Beryl Reimbursement Environmental Law/ Executive Order Status Description Comments Texas Coastal Management Program(CMP)and consistency review procedures as implemented by the GLO.-rautryl-01/22/2025 19:48:32 GMT Completed State administering agency does not require consistency review-Review concluded Executive Order 11988- Completed No effect on flood plain/flood levels and Per 44 CFR part 9.5(c)(1)project is exempt from Floodplains project outside floodplain-Review concluded floodplain management review.-rautryl - 01/22/2025 19:43:46 GMT Executive Order 11990- Completed No effects on wetlands and project outside Per 44 CFR part 9.5(c)(1)project is exempt from Wetlands wetlands-Review concluded wetlands review.-rautryl-01/22/2025 19:44:04 GMT Executive Order 12898- Completed Low income or minority population in or near This project has been determined to have no Environmental Justice for Low project area potential to have disproportionately high and Income and Minority Populations adverse human health or environmental effects on minority or low-income populations according to FEMA s EO 12898 Guidance or input from EHP Leadership.FEMA has no further EO 12898 responsibilities with regard to these activities.-rautryl-01/22/2025 19:52:03 GMT Completed No disproportionately high and adverse impact on low income or minority population- Review concluded Endangered Species Act(ESA) Completed Listed species and/or designated critical The scope of work for this project does not habitat present in areas affected directly or require U.S.Fish and Wildlife Service(USFWS) indirectly by the federal action consultation.FEMA notified USFWS of disaster activities on July 24,2024.-rautryl -01/22/2025 19:47:41 GMT Completed No effect to species or designated critical habitat(See comments for justification)- Review concluded Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland-Review concluded Migratory Bird Treaty Act(MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take migratory birds-Review concluded Magnuson-Stevens Fishery Completed Project not located in or near Essential Fish Conservation and Management Habitat-Review concluded Act(MSA) National Historic Preservation Act Completed Not type of activity with potential to affect Emergency actions exempt from Section 106 (NHPA) historic properties-Review concluded</br> review.-tguillo2-01/22/2025 18:07:42 GMT Wild and Scenic Rivers Act Completed Project is not along and does not affect Wild (WSR) and Scenic River-Review concluded NOTE:All times are GMT using a 24-hour clock. Page 2 of 3 01/22/2025 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 20:54:18 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project ID: PA-06-TX-4798-PW-00520 Title: 758427-Hurricane Beryl Reimbursement Environmental Law/ Executive Order Status Description Comments CONDITIONS Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,state and local laws.Failure to obtain all appropriate federal,state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction,applicant will monitor ground disturbance and if any potential archeological resources are discovered,will immediately cease construction in that area and notify the State and FEMA. NOTE:All times are GMT using a 24-hour clock. Page 3 of 3 �s oiwsi°N �2 TDEM �NGFNcv�PNp�E`� THE TEXAS A&M UNIVERSITY SYSTEM February 17, 2025 Peter Zanoni City Manager City of Corpus Christi 1201 Leopard Corpus Christi. TX. 78401 FIPS Number: 355-17000-00 UEI Number: XETBTPKCL895 RE: FEMA Public Assistance Grant 4798 — Hurricane Beryl Assistance Listing Number (ALN) 97.036 — Public Assistance Grant Program Federal Award Identification Number 4798DRTXP00000001 FEMA Project Number: 01900; Amendment: #0 DR 4798 Emergency Work Deadline: 01-09-2025 DR 4798 Permanent Work Deadline: 01-09-2026 Project Title: 807960 - Management Costs Project Type: Z — State Management Costs Scope of Work Date: 07-09-2024 to 07-09-2028 Period of Performance: 07-09-2024 to 07-09-2028 Award Notification A FEMA Public Assistance subgrant has been awarded by Texas Division of Emergency Management (TDEM). Project #: 807960 Version / Federal Total Federal Federal Local Cost Local Cost Amendment Award Date Subgrant Cost Share Funds Share Share Amount Percentage Obligated Percentage Amount 0 02/04/2025 $1,282.97 100% $1,282.97 0% $0.00 Total $1,282.97 $1,282.97 $0.00 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award. For disasters declared prior to August 1, 2017, Direct Administrative Costs are allowable as outlined in the project scope. 2883 Highway 71 E PO Box 285 Del Valle,TX 78617-9998 Corpus Christi Subaward 807960 — Page 2 Management costs are allowable in the award for disasters declared on or after August 1 , 2017.11 A copy of the approved scope of work can be viewed at the version tab in GMS for this project at Grants.tdem.texas.gov and is also attached for your convenience. If your project contains 406 Mitigation Proposal, it will also be attached and available at the version tab. Your project worksheet may or may not have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration (REC) can be viewed at the version tab in GMS for this project as well. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. It is important that the Subrecipient read, understand, and comply with the scope of work and all terms and conditions. It is also vital that this information be disseminated to Subrecipient's staff and contractors that are involved in work related to administrative support or administration of the subgrant. If changes are needed to the scope of the subaward, period of performance or costs associated to the subaward, the Subrecipient should immediately contact TDEM. No change will be considered made to the subaward until the Subrecipient is notified in writing by TDEM. Should you wish to appeal any determination related to this project you must do so within 60 days of receipt of the notice of the action. If you elect to appeal, please submit your appeal with any documentation supporting your position directly to TDEM via the Grants Management System at https://grants.tdem.texas,gov within the allotted time. Here is the Project Appeal Job Aid for your guide Project Appeals Job Aid. If you have any questions, please contact TDEM Recovery Coordinator, Eunice Garcia, by phone at (956) 974-3731, or email at eu nice.garcia(a)tdem.texas.gov or you may contact the TDEM Support Affiliate, Christopher Sorensen by phone at (832) 335-2287 or by email at christopher.sorensen(a)horne.com. ATTACHMENTS: Scope of Work (FEMA Project Worksheet) 'Refer to Management Cost guidance detailed in Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and within the Public Assistance Management Costs(Interim)Recovery Policy FP 104-11-2. Page 1 2 Department of Homeland Security Federal Emergency Management Agency General Info Project# 807960 P/w# 1900 Project Type Management Costs Project Category Z-Management Costs Applicant Corpus Christi,City of(355-17000-00) Project Title Management Costs Event 4798DR-TX(4798DR) Project Size Small Declaration Date 7/9/2024 Activity 7/09/2028 Incident Start Date 7/05/2024 Completion Date Incident End Date 7/9/2024 Process Step Obligated Damage Description and Dimensions The Disaster#4798DR, which occurred between 0710512024 and 0710912024, caused: Damage # 1504058; Management Costs (Corpus Christi, City oo 4798DR was declared 07/09/2024 for a Tropical Storm event that occurred from 07/05/2024 to 07/09/2024.Corpus Christi, City of(355-17000-00)is requesting reimbursement for eligible management costs that it tracks,charges,and accounts for its eligible PA subawards. Projects Included: [758427]Hurricane Beryl Reimbursement Final Scope 1504058 Damage for Project [807960] Management Costs This is a Public Assistance Subrecipient Management Costs project which allows the Subrecipient to receive actual costs for Management Costs, up to a fixed estimate Management Costs award.The final fixed estimate cannot exceed 5.00%of all of the Subrecipient's eligible emergencyand permanent work subawards.The applicant will conduct Management Cost related activities that it tracks,charges,and accounts for its eligible PA awards.Current version is based on Estimated Management Costs. Date Downloaded: 2/17/25 12:05pm CST 1 of 5 Cost Code Quantity Unit Total Cost Section 9905(Management Costs) 1.00 Lump Sum $1,282.97 Uncompleted CRC Gross Cost $1,282.97 CRC Net Cost $1,282.97 Federal Share(100.00%) $1,282.97 Non-Federal Share(0.00%) $0.00 Date Downloaded: 2/17/25 12:05pm CST 2 of 5 Award Information Version Information Version Eligibility Current Bundle Project Cost Federal Share Date # Status Location Number Amount Share Obligated Obligated Drawdown History EMMIE Drawdown Status As of Date I IFMIS Obligation#I Expenditure Number Expended Date I Expended Amount No Records Obligation History Version# Date Obligated Obligated Cost Cost Share IFMIS Status IFMIS Obligation# 0 2/4/2025 $1,282.97 100% Accepted 4798DRTXP00019001 Date Downloaded: 2/17/25 12:05pm CST 3 of 5 Subgrant Conditions • As described in Title 2 Code of Federal Regulations(C.F.R.)§200.333,financial records,supporting documents,statistical records and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three(3) years from the date of submission of the final expenditure report or,for Federal awards that are renewed quarterlyor annually,from the date of the submission of the quarterly or annual financial report, respectively,as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. Exceptions are stated in 2 C.F.R. §200.333(a)—(f)(1)and (2).All records relative to this project are subject to examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work related to disaster-specific costs. • When any individual item of equipment purchased with PA funding is no longer needed,or a residual inventory of unused supplies exceeding$5,000 remains,the subrecipient must follow the disposition requirements in Title 2 Code of Federal Regulations(C.F.R.)§200.313-314. • The terms of the FEMA-State Agreement are incorporated by reference into this project under the Public Assistance award and the applicant must complywith all applicable laws, regulations, policy,and guidance.This includes,among others,the Robert T.Stafford Disaster Relief and Emergency Assistance Act;Title 44 of the Code of Federal Regulations; FEMA Policy No. 104-009-2, Public Assistance Program and Policy Guide;and other applicable FEMA policy and guidance. • The DHS Standard Terms and Conditions in effect as of the declaration date of this emergency declarations or major disaster,as applicable,are incorporated by reference into this project under the Public Assistance grant,which flow down from the Recipient to subrecipients unless a particular term or condition indicates otherwise. • The Uniform Administrative Requirements,Cost Principles,and Audit Requirements set forth at Title 2 Code of Federal Regulations(C.F.R.)Part 200 apply to this project award under the Public Assistance grant,which flow down from the Recipient to all subrecipients unless a particular section of 2 C.F.R. Part 200,the FEMA-State Agreement,or the terms and conditions of this project award indicate otherwise.See 2 C.F.R.§§200.101 and 110. • The subrecipient must submit a written request through the Recipient to FEMA before it makes a change to the approved scope of work in this project. If the subrecipient commences work associated with a change before FEMA approves the change, it will jeopardize financial assistance for this project.See FEMA Policy No. 104-009-2, Public Assistance Program and Policy Guide. • Pursuant to section 312 of the Stafford Act,42 U.S.C.5155, FEMA is prohibited from providing financial assistance to any entity that receives assistance from another program, insurance,or any other source for the same work.The subrecipient agrees to repayall duplicated assistance to FEMA if they receive assistance for the same work from another Federal agency, insurance,or anyother source. If an subrecipient receives funding from another federal program for the same purpose, it must notify FEMA through the Recipient and return any duplicated funding. Date Downloaded: 2/17/25 12:05pm CST 4 of 5 Final Reviews Final Review Reviewed By Emmers, Michael G. Reviewed On 01/31/2025 3:39 PM CST Review Comments Reviewed and advanced. Recipient Review Reviewed By Sorensen,Christopher Reviewed On 02/03/2025 7:49 AM CST Review Comments No comments available for the Recipient Review step Project Signatures Signed By Sandoval,Julie Signed On 02/03/2025 Date Downloaded: 2/17/25 12:05pm CST 5 of 5 Federal Emergency Management Agency DR-4798 - Hurricane Beryl Public Assistance Ordinance Authorizing Acceptance of Grant Award Fire Department Fire Chief Brandon Wade April 8, 2025 Background Information This ordinance authorizes the Corpus Christi Fire Department to accept funding from the Federal Emergency Management Agency, Public Assistance Program. The proposed grants will provide funding for the reimbursement of overtime utilized by the Corpus Christi Fire Department while providing emergency protective measures due to Hurricane Beryl. The City of Corpus Christi has received an award of $20,527.58. Background Information This grant will provide funding for: To reimburse the Corpus Christi Fire Department for expenses that have already been incurred during the Hurricane Beryl weather event July 5, 2024 - July 9, 2024. �• Federal Emergency Management Agency �I, k,elk f DR-4798 - Hurricane Beryl Public Assistance Questions ? 0 I a v „aR,aa„Eo AGENDA MEMORANDUM zs52 Public Hearing/First Reading for the City Council Meeting of April 8, 2025 Second Reading for the City Council Meeting of April 15, 2025 DATE: March 7, 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Daniel Mc(a)cctexas.com (361) 826-7011 Annexation & Rezoning For HUT Enterprises / London Checkout CAPTION: Annexation and Zoning Case ZN8575 HUT Enterprises, LLC (District 3). Ordinance annexing a 12.778-acre tract of land comprised of a 2.194-acre tract of land per owner petition, located at the southwest corner of FM 43 and SH 286, and the abutting 10.58- acre section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.194 acres from the "FR" Farm Rural District to the "CG-2" General Commercial District; and providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8575) SUMMARY: Upon petition by the landowner, HUT Enterprises, LLC, this ordinance will annex 2.194 acres of vacant private property at the southwest corner of FM 43 and SH 286 in the London area (the "subject property"). To be eligible for annexation, the subject property must be contiguous to the city limit line. Therefore, this ordinance will also annex the FM 43 right-of-way from the subject property to the city limit line just east of CR 47, which will give the subject property contiguity with the current city limit line. The ordinance will also rezone the subject property to the "CG-2" General Commercial District and assign the annexed area to Council District 3. BACKGROUND AND FINDINGS: Description of the Request and Proposed Development HUT Enterprises, LLC, landowner, is planning to construct a convenience store and gas station called London Checkout on the southwest corner of FM 43 and SH 286. The subject property is outside city limits and not contiguous. State law requires that the subject property be contiguous to the city limits in order to be annexed. To create contiguity and pursuant to Texas Local Government Code §43.1056, the landowner requests that the City annex the FM 43 right-of-way from the current city limit line just east of CR 47 to the site, which is approximately 4,500 linear-feet of right-of-way or 10.58 acres. The landowner is requesting annexation of their property to secure City services for development of the convenience store and gas station. At the same time, the landowner requests a rezoning to "CG-2" General Commercial District. Once annexed into the City, the development of the London Checkout will have to comply with all City development regulations, including limitations on permitted uses, landscaping, parking, and setbacks. The development will use City water but not wastewater because wastewater is unavailable. The gas station will use a septic system. City Services to Subject Property The City already provides services to nearby and recently annexed areas. The site is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction. The proposed development will receive City water. TxDOT will continue to maintain FM 43. 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. The landowner has agreed to a Municipal Service Plan. 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. 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 ZN8575 HUT Enterprises, LLC (District 3). Ordinance annexing a 12.778-acre tract of land comprised of a 2.194-acre tract of land per owner petition, located at the southwest corner of FM 43 and SH 286, and the abutting 10.58-acre section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.194 acres from the "FR" Farm Rural District to the "CG-2" General Commercial District; and 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 November 13, 2024, the landowner, HUT Enterprises, LLC, signed a petition requesting annexation of 2.194 acres of land out of a 143.198-acre tract out of the north half of the north half (north quarter) of Section 4, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, ("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, the City Council finds that a 4,610.45 linear-foot section (10.58 acres) of FM 43 located between the Subject Property's eastern boundary and the western boundary of London Pirate Road is contiguous and runs parallel to the municipality's boundaries, and is contiguous to the Subject Property being annexed by landowner petition; WHEREAS, written notice has been sent to the Texas Department of Transportation for annexation of an approximately 4,610.45 linear-foot section (10.58 acres) section of FM 43 pursuant to Texas Local Government Code §43.1056; 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 Subject Property now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and Page 1 of 4 abuts and is contiguous and adjacent to the City of Corpus Christi upon annexation of FM 43; 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; 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 12.778-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, 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. Page 2 of 4 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 2.194 acres, as described in Exhibit "D" and shown in Exhibit "E," from the "FR" Farm Rural District to the "CG-2" General Commercial 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. 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 8. 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 #3 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. Page 3 of 4 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 4 of 4 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field Notes of 12.778 acre tract comprised of a 2.194 acre tract described in a deed recorded in Document No. 2024034813, Deed Records Nueces County, Texas and a 10.58 acre portion of Farm to Market 43, for the sole purposes of annexation. Said 12.778 acre tract also being out of the "R. De Ynojosa" Survey, Abstract- 411,Nueces County, Texas. Said 12.778 acre tract being more particularly described as follows: BEGINNING at a right of way monument in the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286 (a.k.a. Crosstown Expressway), for the northeast corner of said 55.28 acre tract, for the northeast corner of said 2.19 acre tract, and for an outside corner of this survey. THENCE with the common line of the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286, said 55.28 acre tract and this survey, South 42°00'58" East, a distance of 65.73 feet to a point in the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286, for the point of curvature of a curve to the left with a radius of 4,068.90 feet, for an outside corner of said 55.28 acre tract and for an outside corner of this survey, from WHENCE a right of way monument found 0.84 feet to the right. THENCE with the common curve of the west right of way of State Highway 286, said curve to the left, said 55.28 acre tract and this survey, a chord bearing of South 05°37'02" West, a chord distance of 216.92 feet, and a total arc length of 216.95 feet to a 5/8" re-bar set in the west right of way of State Highway 286, in the east curve of said 55.28 acre tract, and for the southeast corner of this survey. THENCE with the south line of this survey, South 89°12'44" West, a distance of 351.17 feet to a 5/8" re-bar set for the southwest corner of this survey. THENCE with the common line of said 2.19 acre tract and this survey, North 00'47'16" West, a distance of 265.00 feet to a 5/8" re-bar previously set in the south right of way of Farm to Market 43, for the northwest corner of said 2.19 acre portion of this annexation and for an inside corner of this survey., from WHENCE a right of way monument found in the south right of way of Farm to Market 43, in the north line of said 2.19 acre tract, bears North 89°12'44" East, a distance of 22.53 feet. THENCE with the common line of the south right of way of Farm to Market 43 and this survey, South 89°12'46" West, at a distance of 1477.30 feet pass a right of way monument found in the south right of way of Farm to Market 43, at a distance of 3004.83 feet pass a brass monument found at the intersection of the south right of way of Farm to Market 43 and the east right of way Salevan Drive, for the northwest corner of the 2.00 acre "Newberry" tract described in a deed recorded in Document No. 2023015175, Deed Records Nueces County, Texas, and in all a total distance of 4278.36 feet to a point for the northeast corner of the "Lone Star" 2.00 acre tract described in a deed recorded in Document No. 2024002109, Deed Records Nueces County, Texas, and for an outside corner of this survey. THENCE with the west line of this survey, North 00°48'37" West, across Farm to Market 43, a distance of 100.00 feet to a point in the north right of way of Farm to Market 43, in the south line of a 89.90 acre tract described in a deed recorded in Document No. 2021016969, Deed Records Nueces County, Texas, and for the northwest corner of this survey. THENCE with the common line of the north right of way of Farm to Market 43, said 89.90 acre tract and this survey, North 89°12'46" East a distance of 4,610.45 feet to a point for the intersection of the north right of way of Farm to Market 43, and the west right of way of State Highway 286, for the southeast corner of said 89.90 acre tract and for the northeast corner of this survey. THENCE with an inside line of this survey, South 00°47'14" East, across Farm to Market 43, a distance of 100.00 feet to a concrete monument found in the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286, for the northeast corner of said 55.28 acre tract, for the northeast corner of said 2.19 acre tract, and the POINT of BEGINNING of this tract, and containing 12.778 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8" re-bar=re-bar set with yellow plastic cap labeled Brister Surveying. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 28, 2024 and is correct to the best of my knowledge and belief. A4" Ronald JE. Brister, RP S 6. 5407 E Date: February 14, 2025 . ........... RONALD E BRISTER ................ 5407 P Job No. 250230 EXHIBIT B SURVEY OF Brlsler Surveying A 12 i-8 ACRE TRACT COMPRISED OF A 2,194 ACRF.TRACT DFSCRTEF.D IT A DEED RF.CORDF.D IN DOCUMENT N0.201A014613.DEED RECORDS NUECES COUNTY TEXAS AND A 10.8 ACRE PORTION Or FARM. " .scat,. -zou TO MARKET 4.,FOR TIA SOLE PURPOSE OF AN-E'TION.SAID 12--8 ACRE TA4CT ALSO BEING OUT OF TIIE'R.DEYNO]OSA"SURVEY,ABSTRACT-411,-U CESCOUI Y,TEX4S. n�rn m 1Dsao1 S 41NI SO n1ARKLT 4_ ___ ___ _ _ _ _ _ --_-4.] 4'---_ _ _ _ rsoe _ flee ---- m e� ss R rtkas �� � �rz ,ux ,ax .am xs ,axv � ,axu �,nmv_mmarwR m 9 EXHIBIT C MUNICIPAL SERVICE PLAN AGREEMENT This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City") and HUT Enterprises, LLC. ("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 2.19 acres of land situated in Nueces County, Texas, as specifically described in Metes and Bounds attached as Exhibit A and map in Exhibit B ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. i Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided:After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the 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) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term 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 Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. 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 i instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Bindinc 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 LANDO1iifNER By Pegr Zanoni, Salman Igbal, Managing Member City Manager HUT Enterprises, LLC Date: .3.27.2S Date: APPROVED AS TO/F�'OORRM: Buck Brice Deputy City Attorney for the City Attorney 7 EXHIBIT A METES AND BOUNDS STATE OF TEXAS COUNTY OF NGECES Fuld Notes of a 2.194 acre tract being out of a 55,28 acre tract described in a deed recorded in Document No.2410044483..L}eed Records Nueces County,Texss,Said 55,28 acne tract being out of a 143.198 acre tract,being a portion of the north]calf of the north half(north quarter)or Section 4, "L.aureles Farm Tracts",as sbo"m on a map recorded in Volume 3,Pale 15.Map Records Nueces Gounty,Texas.Said 2.194 acre tract also being out of the R.De Yncjosa Surrey,Abstract 411,N[acces County,Texas,Said 2-194 acre tract being more particularly described as folloiss: BEGINNING at a Stet-re-har set in the south right of way of Farm ia Market 43(a.k_a.tr ,-kT Koad),in the nuA line of said 55-29 acre tract_and for the nonhwest corner of this survey,from WHEN CE a 54"re-bar previously see in the intersecti-on of the south right of%%my of Farm to MmkeL 43 and the west right of way of Salev sus Driye,bears South Sri 2'44"West,a distance of 3,104.95 feet- TkIF-NCE with the common line of the south right of way of Farm tea Market 43,said 55.28 acre tract and this Purvey,North 99°12'44"EAST,at a distance of22-53 feet pass a right of way monument found in the south right of way ofFarm to M.uket 4 ,and in all a total disu mcc of 332.05 feet to a right of uay nwnuntent found in dw cutback of the iniemetion of the south right of way of Farm to[viarltet 4�and the wCA right of way of State Highway 286[a 15.a.Crosstown Expmssway),for the northeast corner of said 5528 acre Lract,slid for the northeast corner of this Purvey. THENCE with the common line of the outback of the intersection of the south right ofway of Farm to ]Market 43 and the west right of way of State Highway 286,said.5.28 sere tract and this survey,Sotab 421WW'Bast a distanm of 65,73 feet to a point in the wiback of[he intersection of Lhe sauLh right of way erf Farm to Market 43 and the west right of way of Slate l Iighwal{21W for chc point of curvature Of a curve to the left with a radius of 4,%8-90 feet,for an outside cornet of said 55.29 acre tract and for an outside canner of this sun-ey,from WHENCE a right of way inoi uurgnt found 0.84 feet to Lhe right, TRENCE.with the common curve of the west nigh[of way of S etc Highway 286.said cunt to the lee said 55-29 acre tree[and this survey,a chord beating of South U5037T2"'Neil,a Chord distance of 16.92 feet and a total.arc I er gth of 216-95 feet to a 5Ar're-bar set in Lhe west right of way OfStntr l[ighway 286,in the rAsi curve of said 55.28 acre tract,and fDar[be southeast comer of this survey. THENCE with the south line of this survey,South 8992`44"WeM a distance of 351-17 feet to a 5!B" re-bier set for the southl%*St corner of this Survey. TUEh CE with the wcsi line of this sunny,Notch N'477 16"Wcsl,a distance of 265.430 feeL to the .PO[NT of BEGLNNING of this tract.and 4:ootajning2.194 acres of Land,more or Less. Notes: _)Bearings are based on Global Positioning System NAD 83(93)4205 Datum, 2,)A Map of equal date accompanies this\lctes and Bounds description. 3.)Set 518"re-bar re-bar set with yellow plastic cap]libeled Brister Surveying, [,Ronald E.Brister do hereby certify Lbw this survey of the property te-gally described Herein was made on the ground this day Mateh ZS,2024 and is correct to the heal of MY knowledge and belief Kaoald .Brister, r No.5 7 F 1 r* Date:April 11,2tt24 RONALD�,ltlil�7lc�t �r Job No,240495 8 EXHIBIT B SUBJECT PROPERTY MAP r . g�i lag pq ZR 77 EXHIBIT D STATE OF TEXAS COUNTY OF NUECES Field Notes of a 2.194 acre tract being out of a 55.28 acre tract described in a deed recorded in Document No.2010044483,Deed Records Nueces County,Texas.Said 55.28 acre tract being out of a 143.198 acre tract,being a portion of the north half of the north half(north quarter)of Section 4, "Laureles Farm Tracts",as shown on a map recorded in Volume 3,Page 15,Map Records Nueces County,Texas.Said 2.194 acre tract also being out of the R.De Ynojosa Survey,Abstract 411,Nueces County,Texas. Said 2.194 acre tract being more particularly described as follows: BEGINNING at a 5/8"re-bar set in the south right of way of Farm to Market 43 (a.k.a. Weber Road),in the north line of said 55.28 acre tract,and for the northwest corner of this survey,from WHENCE a 5/8"re-bar previously set in the intersection of the south right of way of Farm to Market 43 and the west right of way of Salevan Drive,bears South 89°12'44"West,a distance of 3,104.85 feet. THENCE with the common line of the south right of way of Farm to Market 43,said 55.28 acre tract and this survey,North 890 12'44"East,at a distance of 2253 feet pass a right of way monument found in the south right of way of Farm to Market 43,and in all a total distance of 332.05 feet to a right of way monument found in the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286(a.k.a.Crosstown Expressway),for the northeast corner of said 55.28 acre tract,and for the northeast corner of this survey. THENCE with the common line of the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286,said 55.28 acre tract and this survey,South 42°00'58"East,a distance of 65.73 feet to a point in the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286,for the point of curvature of a curve to the left with a radius of 4,068.90 feet,for an outside corner of said 55.28 acre tract and for an outside corner of this survey,from WHENCE a right of way monument found 0.84 feet to the right. THENCE with the common curve of the west right of way of State Highway 286,said curve to the left, said 55.28 acre tract and this survey,a chord bearing of South 05°37'02"West,a chord distance of 216.92 feet,and a total arc length of 216.95 feet to a 5/8"re-bar set in the west right of way of State Highway 286,in the east curve of said 55.28 acre tract,and for the southeast corner of this survey. THENCE with the south line of this survey,South 89°12'44"West,a distance of 351.17 feet to a 5/8" re-bar set for the southwest corner of this survey. THENCE with the west line of this survey,North 00047'16"West,a distance of 265.00 feet to the POINT of BEGINNING of this tract,and containing 2.194 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5/8"re-bar—re-bar set with yellow plastic cap labeled Brister Surveying. I,Ronald E.Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 28,2024 and is correct to the best of my knowledge and belief. ^� 1 Ronald .Brister, ,LS No. 5407 OF t� Date:April 11,2024 .......................... RONALD E.SRISTER ..................... SOT q �®St1F1v� Job No.240485 EXHIBIT E gUf FTLVLs q _ 5 — — _ c� w 0 �ktl im r � rry yy 92gi w p K�" y�5y gg ryry Q^ mqq S 9 G p0 7 ZONING REPORT CASE ZN8575 Applicant & Subject Property District: 3 (upon annexation) Owner: HUT Enterprises LLC Applicant: HUT Enterprises LLC Address: Near Farm-to-Market Road 43 (FM-43/Staples Street) and State Highway 286 (SH- 286/Chapman Road), located along the south side of FM 43, and west of SH 286. Legal Description: 2.194 acres out of the North half of the North Half of Section 4, Laureles Farm Tracts Acreage of Subject Property: 2.194 acres. Refer to Attachment (A) Metes and Bounds. Zoning Request From: "FR" Farm Rural District (Upon Annexation) To: "CG-2" General Commercial District Purpose of Request: To allow retail sales and vehicle service uses. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site Agricultural Commercial Transportation (FM-43), Transportation (FM-43), North "OCL" Agricultural Commercial Outside City Limits South "OCL Agricultural Commercial Transportation (SH-286), Transportation (SH-286), East Agricultural Commercial West Agricultural Commercial Plat Status: The subject property is outside city limits and not platted. A rezoning must precede the platting of the subject property, contingent upon the annexation of the parcel into the corporate limit of the city of Corpus Christi. 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 FM-43 (Farm-to- 130-Foot ROW 200-Foot ROW Market Road 43) A3 Primary Arterial 6 Lanes, 4 Lanes, Weber Road Divided Median Center Turn Lane SH-286 (State Designation Section Proposed Section Existing Highway 400-Foot ROW Varies, 286/Chapman F1 4-10 Lanes 500-Foot ROW Ranch Road) Freeway/Expressway Median 4 Lanes, 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 outside city limits. Utilities Gas: None exists. Stormwater: None exists. Wastewater: None exists. Water: A 4-inch PVC (active and public) distribution line exists along FM-43 and SH-286. 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 3 within a 200-foot notification area 1 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: April 2, 2025 City Council 1st Reading/Public Hearing Date: April 8, 2025 City Council 2►,d Reading Date: April 15, 2025 Background: The subject property is a 2.2-acre tract southwest of Farm-to-Market Road 43 (FM-43), South Staples Street within the city's limits, and State Highway 286 (SH-286), also Chapman Road south of Oso Creek. It is approximately 1-3/4 mile, along FM-43, outside city limits, and west of the Oso Creek. The tract has a current land use of agricultural per city records and is undeveloped. State Highway 286 has a freeway designation, while FM-3 is an "A3" class arterial. The property abutting the subject parcel to the west and south, is also outside city limits with an agricultural land use. The parcels north and east of the parcel, separated by rights-of-way have a current land use of agricultural. The London area is largely undeveloped, with growth centered about FM-43 (Weber Road) and FM-2444 (South Staples Street). Commercial developments are limited . The applicant is requesting a change of zoning from the "FR" Farm Rural District , to be granted upon annexation, to the "CG-2" General Commercial district to accommodate a commercial development with retail sales and vehicle service uses. The "CG-2" General Commercial District allows restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and water-oriented 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. 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 commercial. • Encourage compatible and appropriate land uses for long-term and sustainable growth. 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 of Corpus Christi's comprehensive plan and the future land use designation of commercial. • With the recent trend of development in the London area, primarily residential in nature (although with a modest unincorporated residential base), there is a need to introduce commercial districts to support the growing London population to reduce travel for essential needs; a need expressed by the constituents during the drafting of the area development plan. • The London area, unincorporated at the time of its area development plan adoption (and remains largely so), and with much anticipated growth, forecasted land uses and development patterns that the proposed rezoning aligns with. o General commercial districts typically offer a wide range of commercial and service activities, particularly along arterials and freeways. Both rights-of-way are projected to be lined with commercial activities per many guiding documents. • The amendment to be applied, a necessity to this evolving area, will not overwhelm the well sought-after character of the area at the chosen site. Planning Commission and Staff Recommendation (April 2, 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, the Planning Commission and staff recommend approval of the change of zoning from the "FR" Farm Rural District, to be granted upon annexation, to the "CG-2" General Commercial District. • The proposed amendment is consistent with guiding plans, complements the growing London area, and addresses local needs without overwhelming the community's character. o The rezoning addresses a gap in land use and can serve as a catalyst for commercial expansion to allow mixture of land uses to support local needs and passing commuters. o The parcel is adequately sized to accommodate the proposed development (a 5,400- square-foot convenience store with 7 fueling stations on a 95,585-square-foot tract) and is inherently appropriate for the proposed uses at the junction of major rights-of- way. Attachment(s): (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit STATE OF TEXAS COUNTY OF NUECES Field Notes of a 2.194 acre tract being out of a 55.28 acre tract described in a deed recorded in Document No.2010044483,Deed Records Nueces County,Texas.Said 55.28 acre tract being out of a 143.198 acre tract,being a portion of the north half of the north half(north quarter)of Section 4, "Laureles Farm Tracts",as shown on a map recorded in Volume 3,Page 15,Map Records Nueces County,Texas.Said 2.194 acre tract also being out of the R.De Ynojosa Survey,Abstract 411,Nueces County,Texas.Said 2.194 acre tract being more particularly described as follows: BEGINNING at a 518"re-bar set in the south right of way of Farm to Market 43(a.k.a_Weber Road),in the north line of said 55.28 acre tract,and for the northwest corner of this survey,from WHENCE a 5/8"re-bar previously set in the intersection of the south right of way of Farm to Market 43 and the west right of way of Salevan Drive,bears South 89"12'44'°West,a distance of 3.104.85 feet. THENCE with the common line of the south right of way of Farm to Market 43,said 55.28 acre tract and this survey,North 89°12'44"East,at a distance of 22.53 feet pass a right of way monument found in the south right of way of Farm to Market 43,and in all a total distance of 332.05 feet to a right of way monument found in the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286(a.k.a.Crosstown Expressway),for the northeast comer of said 55.28 acre tract,and for the northeast comer of this survey. THENCE with the common line of the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286,said 55.28 acre tract and this survey,South 42100'58"East,a distance of 65.73 feet to a point in the cutback of the intersection of the south right of way of Farm to Market 43 and the west right of way of State Highway 286,for the point of curvature of a curve to the left with a radius of 4,068.90 feet,for an outside corner of said 55.28 acre tract and for an outside comer of this survey,from WHENCE a right of way monument found 0.84 feet to the right. THENCE with the common curve of the west right of way of State Highway 286,said curve to the left, said 55.28 acre tract and this survey,a chord bearing of South 05°37'02"West,a chord distance of 216,92 feet,and a total arc length of 216.95 feet to a 518"re-bar set in the west right of way of State Highway 286,in the east curve of said 55.28 acre tract,and for the southeast comer of this survey. THENCE with the south line of this survey,South 89°12'44"West,a distance of 351.17 feet to a 5/8" re-bar set for the southwest comer of this survey. THENCE with the west line of this survey,North 00°47'16"West,a distance of 265.00 feet to the POINT of BEGINNING of this tract,and containing 2.194 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5/8"re-bar—re-bar set with yellow plastic cap labeled Brister Surveying. 1,Ronald E.Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 28.2024 and is correct to the best of my knowledge and belief. Ronald .Brister, LS No.5 07' ( t_.®.r,- Date:April 11,2024 RORALD E.BRISTER ..... ................. .. 560Y P� f�posE99lot1.®Q' No suR`�� Job No.240485 q _ 5 c� all w 0 �ktl im r ry p K�" y�5y gg ryry Q^ �& IN mqq S 9 G p0 7 B) Existing Zoning and Notice Area Map i FM 43 FM SUBJECT � PROPERTY w U co fV X 3 4 CD N 2 CASE: ZN8575 T N m- n Zoning and notice Area RMA Multifamilyl IL Ligh(Wustrial RM-2 Mu Edam ily 2 IH Haevy Inch.,, - RM-3 MultifamiFy3 PUO Planned Unit 0-1 rlay �,�iq ly._ ON Professional Office RS-10 Single-Family 1D RM.AT Mull ifamily AT RS4i Single-Family6 CN-1 Neighborhood Commercial RS4.5 Singl.F.mily4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-3 Resod Cwnmercfal RE Raaidential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Spacial P.—ItCI I ntensrve Commercial Racreatlonal VahlMa Park C8O 10- n,mCommercial RMH alanufactured Hama CR-3 Reaor4 Commerclal --- FIR Farm.Rural H Historic Op rley isSJEGT BP Busl nasa Park ■ ,1 PROPERTY ® s,fyaat amaanr ownere „anzconafrar O a,r.nr — — 4 owrcars wxnM zoo costar an a.arer: CLIV of F6 HFRF aHaciiad orv—h,rabk, x;n aam,x;an COrpus LOCATION MAP Christi Annexation and Rezoning: HUT Enterprises, LLC (London Checkout) Public Hearing and First Reading Ordinance City Council Presentation April 8, 2025 � " I 'in5ti �•,�:• _ �. ,"`_'fir lc�`r ''�.. . Trdns e 7 /` Sta do ,, - - _ •i t I o Creek Cabaniss HUT'Enterprises ,. � �'l . Pro ose nnexatio ------------- -foe — - - r. _ 2 J OD i " a, Annexation Area N I 7 COG e i ®NB6� Proposed Development 14 l FARM TO MARKET 43 FM 436 ea ______ ______ .. 2.194 Acres a,a..n a4 s ---- -�-- ------- ❖ Rezone to CG-2 General , Commercial ❖ Proposed convenience ti p store with gas station, 1 !� London Checkout --------------------------------------- OA i 1 .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 8, 2025 Second Reading for the City Council Meeting of April 15, 2025 DATE: March 14, 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 13902 S Padre Island Drive CAPTION: Zoning Case No. ZN8332, Golden Pointe, LLC. (District 4). Ordinance rezoning a property at or near 13902 South Padre Island Drive from the "CR-2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development 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 development with single-family and townhomes. BACKGROUND AND FINDINGS: The subject property is a vacant and undeveloped 12.13-acre tract in District 4, out of a larger tract, south and along Packery Channel, and north of South Padre Island Drive, with nearly 5 acres of wetlands to be preserved. The subject property is surrounded by properties zoned "CR-2/10" Resort Commercial with an Island Overlay, that are vacant, with the Packery Channel having an existing land use of Conservation/Preservation. The applicant is requesting an amendment to the current zoning district for a Planned Unit Development Overlay. The Planned Unit Development will include mostly single- family homes, and some townhomes (single-family-attached structures), and include private open spaces to support the development. The "CR-2" Resort Commercial District permits commercial parking, indoor and outdoor recreation, office uses, overnight accommodations, restaurants, retail sales, auto rental, water-oriented uses, multifamily dwellings, community service uses, educational facilities, government facilities, medical facilities, and places of worship. The proposed rezoning is generally consistent with goals and strategies of the City of Corpus Christi Comprehensive Plan; however, it is inconsistent with the future land use designation of mixed-use development. 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: 5 notices were mailed within the 200-foot notification area, and 4 outside the notification area. As of April 4, 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 (February 19, 2025): Planning Commission and Staff recommend approval of the change of zoning from the "CR-2/10" Resort Commercial District with an island overlay to the "CR-2/10/PUD" Resort Commercial District with an Island Overlay and a Planned Unit Development Overlay. • The property shall be developed in accordance with the Golden Pointe Planned Unit Development (PUD) Guidelines and Master Site Plan, and to the satisfaction of the Technical Review Committee (TRC); and the conditions listed shall not preclude compliance with other applicable UDC and Building and Fire Code Requirements. Vote Results For: 8 Against: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8332, Golden Pointe, LLC. (District 4). Ordinance rezoning a property at or near 13902 South Padre Island Drive from the "CR-2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development 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 12.13 acres out of Padre Island Section 18, Blocks 1 and 2, as described and shown in Exhibit"A" and "B", from: the "CR-2/10" Resort Commercial with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and Planned Unit Development. The subject property is located at or near 13902 South Padre Island Drive. Exhibit A, a metes and bounds description with exhibit, and Exhibit B, a map, are attached to and incorporated in this ordinance, as is Exhibit C, a planned unit development guidelines and master site plan. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the TGH TWO Planned Unit Development (PUD) Guidelines and Master Site Plan, attached as Exhibit C, and to the satisfaction of the Technical Review Committee (TRC). 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that 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 12 (Exhibit A) Metes & Bounds Description and Exhibit ARDURRASURVEY DIVISION-TBPELS Finn No. 10194688 "EXHIBIT A-1" METES AND BOUNDS DESCRIPTION FOR A 12.127-acre tract of land(528,258 Square Feet)being the remaining portion of a called 16.9220- acre tract known as Block 1A, Section 18, of the Padre Island- Corpus Christi (P.I.C.C.) Subdivision,described in a deed under"Exhibit B"to J.Golden Pointe, LLC,formerly known as Golden Pointe, LLC,as recorded in Document Number 2014010223,Official Records, Nueces County,Texas,being out of a called 54.974-acre tract described in a deed to Golden Pointe,LLC as recorded in Document Number 2007010539,Official Records, Nueces County,Texas, said Block 1A being out of Block 1,Section 18,of the P.I.C.C.Subdivision,a map of which is recorded in Volume 38,Pages 69-70,Map Records,Nueces County,Texas,and being out of the Nicolas &Juan Jose Balli Grant,Abstract No. 1998, in Nueces County,Texas, said 12.127-acre tract being more parlicularly described with bearings based on the Texas State Plane Coordinate System of 1983(NAD 83),South Zone(4205),with metes and bounds as follows, BEGINNING: At a 5/8"iron rod found, N=17,120,027.95,E= 1,397,157.20,for the northeast comer of Lot 2,Block 2,of the Packery Pointe Subdivision,a map of which is recorded in Volume 69,Page 85,Map Records, Nueces County,Texas,for an interior corner of the herein described tract; THENCE: S 86°36'40"W,with the north line of said Lot 2,a distance of 155.17 feet to a point on the east shoreline of Packery Channel,same being the east boundary line of the State of Texas Submerged Land Tract Number 61, defined as the Line of Mean Higher High Water as determined by David L. Nesbitt, Licensed State Land Surveyor, No.5302,on May 1911,2023,for the southwest corner of the herein described tract; THENCE: In a north, northeasterly direction with the Line of Mean Higher High Water,the following calls; N 47°14'14"E,a distance of 31.68 feet; N 671542"E,a distance of 163.56 feet, N 32°25'36"E,a distance of 23.87 feet; N 42"56'09"E,a distance of 195.49 feet; N 29°05'29"E,a distance of 193.30 feet; N 18°24'37"E,a distance of 92.74 feet, N 55°17'09"W,a distance of 54 68 feet, N 74°12'01"W,a distance of 68 94 feet; N 89°37'03"W,a distance of 17.97 feet; N 46°26'15"W,a distance of 27.82 feet, N 23°03'34"E,a distance of 170.39 feet, N 41°34'43"E,a distance of 175,49 feet, N 50°25'38"E,a distance of 146.58 feet; N 61°58'27"E,a distance of 128,04 feet; N 87°46'26"E,a distance of 234.53 feet; S 81°56'02"E,a distance of 169.69 feet, S 64°36'12"E,a distance of 148.71 feet; THENCE: S 48"25'00"E,continuing with the Line of Mean Higher High Water,a distance of 143.39 feet to a point on the south shoreline of Packery Channel, same being the southeast line of said Block 1A,and for the northeast corner of the herein described tract; 2230 Saratoga Boulevard I Corpus Christi,TX 78417 1 361,883.1984 www,ordurra.com Job Na.:230136o00.2 File:U:\1 Golden Properies\230136 PICC S-18-State land Boundary\000\90-Survey\legal D— D"ts November 21,2024 Page 3 of 12 / � ARDURRA SURVEY DIVISION—TBPELSFirinNo. 10194688 THENCE: S 52'11'27"W,with the southeast line of said Block 1A,being 150 feet northwest and parallel to the common lot line of Blocks 1 and 2, of said P.I.C.C. Subdivision, a distance of 1,496.82 feet to a point on the east line of Lot 2 of said Packery Pointe Subdivision,for the southeast corner of the herein described tract,from which a 518"iron rod found for an exterior corner on the east line of said Lot 2 bears S 01°39'08"E,69.21 feet; THENCE: N 01°39'08"W,with the east line of Lot 2 of said Packery Pointe Subdivision, a distance of 76.01 feet to a 518"iron rod found for an exterior comer on the east line of said Lot 2,and for an interior comer of the herein described tract; THENCE: N 11'42'06"W,continuing with the east line of said Lot 2,a distance of 16.64 feet to the POINT OF BEGINNING and containing 12.127-acres of land(528,258 square feet), more or less. Said tract is accessible via a 60-foot wide road easement, described separately,all being described in accordance with an actual survey made on the ground and a survey map prepared to accompany said description by Ardurra Group,Inc. �P•f`'6i5TEq! I� SERDO Z. CANALFS gtio..ess o;�D SERGIO Z. CANALES SURD REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE N0.8D40 22305omroga Boulevard I Corpus Christ!,TX 79417 1 361,883.1994 www.ordarrd.com lob No.:230136.000.2 File:tl:\1 Golden Properfies\230136 PICC 3-18-5tote Land 5—dory\000\90-5urvey\Lega1 D— Did.-November 21,2024 Page 4 of 12 CORALS C 815TI BAY MASCO • ' LOCATION MAP N.T.S. NOTES: 'I. ACCOMPANYING METES AND EOLNDS DESCRIPTION SEEN PREPARED 2 BASIS OF BEARING OF THIS SURVEYIS GRID NORTH. OBSERVED eV GPS, fNAOe]FNEIS 8OUTuSONE 4MEMTH I8ONEINATE 9E TEM OF 1 6GLE FACTOR OF 0.LB9M. ALL VALUES 0..SETTO us. SURVEY FEET. ], •FOUND WE IRON ROD. UNLESS NOTED OTHERWISE. O CALCULATED POINT 4 PARENTHESIS INDICATE CALLED DEARING AND! OR DISTANCE STATE LAND BOUNDARY NOTE: M THE STATE LAND BOUNDARY SHOWN ON THISMM WAS DETERMINED BY HEREIN IDENTIFIED IS THE LINE DE MEAN HIGH BOUNDARY WATER NMW PROVIDED BY NBA A INERE USED FOR THE ELEV... BASISAAD FIELD VERIFIED BY [ARTIE CONDITION, ODAIPS•ED OF NATURAL BIOLOGICAL SETTINGS AS WELL AS MAN MADE OBJECTS THISSDRVEY REPORT HAS BEEN BEEN TRF RELEASEDTHE PACKER), CHANNEL TIDE GAUGE ALONG CURFENT TIDAL DARRAS FOR a HE CLLIIrENTSLLSEAND IS NOT STYLED TO BE FILED S rC T E A NO EASEMENT HAS BEEN PERFORMED BY S 6. EYDMPH IC PLOTTING ONLY THIS PROPERTY LIES Alms FLCODZONE PE CO_ 11YyAND FLOOD ZONEVE(ELM SPECIAL FLOOD HAZARD AREAS, ACCORDING TO THE EL OCR INSURANCE RATE LIAR OF NUECES COUNTY, TEMSANO INCGRPORATEDARePANEL NO. EFFEGTNE 7 THIS SURVEY LAS BEEN PREPARED WPHOUT THE BENEFT OF A TITLE CONNIFILENT AND IS INTENDED T. THE CLIENTS THE HEREIN DESCRIBED B. S ACCESSBLE NA A BPFOCT WIDE ROAD EASEMENT. I DESCRIBED ON SHEETS OE THIS SURVEY. REFERENCES: MR N C.T. IMP RECORDS. NUECES COUNIY,TEXAS R G.T OFFICIAL RECORDS, NUECESCWNTY, TEXAS ED A' RICNT.CF.wAY P.O.R. POINT GE BEGINNING 100' 0 100' 200' SCALE: 1" = 200' mw ARDURRA s( rs (,okO R ) o G C E X A S BLOCK 1, SECTION 18 VOL. 36. PCS. 69-70 / M.R,N.GT. / L2 / / / G � 41, ORIGINAL LOT UNE /f / q4 v A A s O F /'` ti t C 9E tsoEeDAntr+o` 1ou 10 / L10 L17 / �n t A S GOLDEN POINTE. LLC P'.� L_x P� . 69 T Q, 'EXHIBIT A'B'RN.GS- (CALLED50.874-ACRES) F1� DOC. NO.2007013539 OR.NCT_ REMAINING PORTION DESCRIBED AS: 'EXHIBITS' P.I.C.C.. SECTION 18. BLOCK 1A (CALLED 18.922-ACRES) DCC. NO. 2014010223 / /L: /54 / /L11 / L10 IP � P.O.B. ot.f(5f8" IRON ROD FOUND) s�3�°^� N• 17,120,027.95 GJ / E: 1,397,157,20 5 01'39'013° E 69.21' (5 01'40'02° E) BOUNDARY SURVEY MARINA PARK BLVD. (R.O.W. VARIES) SNOWING THE BOUNDARY OF A 12122ACRE TRACT OF LAND (5211,2511 SQUARE FEET) BEING THE REMAINING PORTION OF A CALLED 15 92250CRE TRACT KNOWN AS BLOCK 1A, SECTION 1B, OF THE PADRE ISLAND - CORPUS CHRISTI (P.I.C.C.) SUBDIVISION, DESCRIBED IN A DEED LINDER °EXHIBO B' TO J. GOLDEN POINTE, LLC, FORMERLY KNOWN AS GOLDEN POINTE, LLC, AS RECORDED IN 90GUMENT NUMBER 2014010229. OFFICIAL RECORDS, NUECES COUNTY, TEXAS, BEING GUI OF A CALLED 54 074-ACRE TRACT DESCRIBED IN A DEED TO GOLDEN POINTE, LLC AS RECORDED IN DOCUMENT NUMBER 201711105W OFFICIAL RECORDS, NUECES COUNTY, TEXAS, SAID BLOCK IA BEING OUT OF BLOCK 1, SECTION 1S, OF THE P.I. C.C. SUBDIVISION, A MAP OF WHICH IS RECORDED IN VOLUME SS PAGES 69-70, MAP RECORDS, NUECES COUNTY, TEXAS, MO BEING OUT OF THE NICOLAS 8 JUAN JOBE RAW GRANT, ABSTRACT NUMBER 1995. IN NUECES COUNTY, TEXAS. 0217 T1 o ROAD EASEMENT (DESCRIBED SEPARATELY) (SEE SHEET 2) A 4 -\ ORIGINAL LGI LINE Cc \ BLOCK 1. SECTION 18 �78 •t \\ VOL 38�M.RN.C.T 69-IO 'm FLOOD ZONE VE (EL. 1 T) "EXHIBIT A' P:.C.C.. SECTION 18, BLOCK 2A (CALLED 2e.e70e-ACRES) DOC. NO. 2014010223 1 OSOF 4608 15101N0E0T}69 70 B� 39. PDT. VOL MFH' G A 1 9 9 N o . I HEREBY CERTIFY THAT. THIS SURVEY WAS PREPARED BASED ON A SURVEY MAOE ON THE GROUND UNDER My DIRECT SUPERVISION. THIS 2.T DAY OF NOVEMBER, 2024 SERGIO Z. CANAL. REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO.0140 "EXHIBIT A-2" ARDURRA LINE TABLE LINE BEARING DISTANCE Li S 88"36'40" W 156.17' (S 88.37'12' W) (156.83') L2 N47°14'14"E 31.08' L3 N 67°15'42" E 183.56' L4 N 32°2588" E 23.87' L5 N 42°5609" E 195.49' Le N 29°05'29" E 193.30' L7 N 18"248T" E 92.74' L8 N65"17T9"W 54.68' IlL N74"12'01"W 63.94' L10 N 89.37'03" W 17.97' L11 N 46"26'18' W 27-62' L12 N 000394" E 170.39. L13 N 41°34'43" E 178.49' L14 N 50'2500" E 146.58' L15 N 6101827" E 128.04' L16 N 87.4828" E 234.53' L17 38101802"E 159.69. L18 S 64°96'12" E 148.71' L19 3 48"2500" E 149.39' L20 N01"3968"W 76.01' (N 01 °40'02" W) L21 N11°42'06'W 18.84' (N 11"5T17-W) (18.72) DRAWN BY IAR .q6 NO: SURVEYED, 114N-2029 SHEET 1 OF 2 (Exhibit B) Existing Zoning and Notice Area Map FR RS-6 SUBJECT PROPFR,TY CR 2 S 6 ��R�DOjNTF F R 1cC�+ASE�yn:FZN8332 s uBJGV1l/7f�AlliLf 7FV 4/4dl ZONING RM-1 Multifamily 1 IL Light Industrial ' RM-2 MuR ismily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit De,Overlay ON Profassianal Dtfice RS-10 Single-Family 10 RM-AT MuR[famlly AT R6 v Singi.Famlly 5 CN-1 Neighborhood Commercial R83.5 Single.Famity 4.5 CN-2 Neighborhood Cc mmerci.I RS-TF T—Family - CRA Res..t Commercial RS-15 SinglaFamily 75 ial CR-2 Re so rt Commercial RE Resident Estate CG-1 General Commercial RS-TH Townhouse CG-2 Genera.Commercial SP special Pemnit CI Intensive Commercial RV Reenaafienel Yehiele Park CBD Dc-1. nCummercisl RMH Manufactured Home Resort Commercial FIR FR Fenn Rural H Historic Overlay S"JECT BP Rneineee Park PROPERTY B,5 Pnmary B SP rt Bfi Primary B�a .bRge� T- xeys4dF Parq Des . — — ED caw.ehnJ�6Pi,�`n4fi 9,nzBe6�rede �("I,aj etlHernePeakDo— IC.ilyot, Esri.HERE - F-t Farm Rarat];j%sGpRaW>ad owrrersh{n fable?-t'TS1RSRd Home Sutrtlivizm col is LOCATION MAPn HC H.;sbrsaltulwral LaMmark Uistli:.;t CE71 Itili Preaervalion Page 6 of 12 (Exhibit C) Planned Unit Development Plan Golden Pointe P.U.D. Summar rc YGRK ENGINEERING DEVELOPMENT DESCRIPTION Golden Pointe, LLC proposes to develop the Golden Pointe Planned Unit Development (PUD) on a vacant waterfront tract of land located north of the intersection of Marina Park Boulevard and Packery Pointe Drive. The proposed development will consist of 29 single-family lots and 16 Townhome lots with the intent to construct S attached-duplex style townhomes. The subdivision will feature homes constructed on piers to accommodate the low elevation and code requirements regarding flood zones, The proposed development will consist of single-family detached, attached-duplex townhomes,and open space.The construction type will allow for the ability to have parking underneath the structures. PROPERTY AND ADJOINING LAND USE AND ZONING The property is currently vacant waterfront property.The current zoning is CR-2 with an Island Overlay and the requested zoning is CR-2 PUD with an Island Overlay. To the north,northeast,and northwest of the property is the Laguna Madre navigable channel.The property to the southeast is vacant and zoned CR-2. The property to the south and southwest is partially developed (Packery Pointe Subdivision)and includes public streets and commercial business such as Starbucks,Sonic, and a hotel. VICINITY AND LOCATION The subject property is located on Padre Island north of the intersection of Marina Park Boulevard and Packery Pointe Drive.See"Off-Site Access"Exhibit SITE PLAN&LOT LAYOUT A Master Site Plan Exhibit is provided which illustrates the proposed layout of lots and street improvements. Block 1 will be the single family lots.Lots 1-27,Block 1 will be single family lots with backyards facing the Laguna Madre.Lot 28,Block 1,will be a common area lot for future installation of amenities which will be open to all residents of this development as well as their guests.The amenities will not be open to the public.Lots 30-31,Block 1 will be single family lots with rear yards facing the wetlands and uplands which will remain native.Block two will be the townhome lots.Lots 1-8 will have 4 two-family townhomes.Lots 10-17 will have 4 two-family townhomes.Lot 9 will be a common area lot for open access as well as shared amenity and play area for residents and their guests.The project will be constructed in a single phase. Page 1 of 4 361.245.9400 1 9708 S.Padre Island Dr.,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.com I TBPELS Firm F-22063 Page 7 of 12 Golden Pointe P.U.D. Summar rc YORK ENGINEERING DEVELOPMENT STANDARDS DEVIATIONS Deviations from the proposed CR-2 zoning requirements are as follows: 1. Single family[detached Structures)will be permitted. 2. The minimum lot area for Townhome lots shall be 2,500 S.F. a. Lots 1-8&10-17,Block 2 DEVELOPMENT DEVIATIONS Deviations from the subdivision standards are as follows: 1. Street right-of-way width shall be 37 feet minimum for residential street. a. Constructed street shall be atypical 28'B-B street with curb&gutter. 2. 5 foot wide Sidewalk shall be provided on one side of the street only. MISCELLANEOUS P.U.D.PROVISIONS This development will allow short term rentals. The area of Lot 29,Block 1 which consists of wetlands and uplands shall contribute toward the required open space. Any amenities constructed on Lot 28,Block 1,and/or Lot 9,Block 2 shall not take away from the open space provided by said lots. The main structures in Lots 1-8&9-17,Block 2 shall be setback a minimum of 20'creating 20'of private open space in each townhome's rear yard which is contiguous to the common open space in Lot 9,Block 2.Pools and related structures shall be permitted within the 20'rear yard private open space. The developer shall have the right to install and maintain landscaping plantings and features including landscape lighting and within the green space outside of the street and sidewalk pavement along the off-site access portion which is located in a 60 foot wide road easement This right shall pass to the HOA once established.It is acknowledged that the city of Corpus Christi shall have no responsibility for replacement of landscaping improvements damaged due to required street and/or utility maintenance. Page 2 of 4 361.245.9400 1 9708 S.Padre Island Dr.,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.com I TBPELS Firm F-22063 Page 8 of 12 Golden Pointe P.U.D. Summar rc YORK ENGINEERING TABLES PUD Deviations(Single Family-Detached) Ite CR 2 PUD minimum lot area for residential 3,500 Minimum lot wid 45ft Sheet(front) 10 ft Corner setback(sideyard abutting street 10 fir Street right-of-way width for residential street* 37ft sideyard setback(single) 5ft sideyard setback(total) 10 ft rear setbacl 10 ft sidewalks required alongside of street One side,none** sidewalk minimum width 5ft Min.Open Spa 30% *street width will remain standard 2Bft B-B per UTP **Upland View Rd.(30°ROW)has no proposed sidewalk PUD Deviations(Attached-Duplex Townhomes;Front Access) Ite CR 2 PUD minimum lot area for residential 2,600 2,500 Minimum lot widtl 26ft 33ft Street(front) 10ft 20ft Corner setback(sideyard abutting street loft loft Street right-of-way width for residential stree4 soft 37ft,30ft* sideyard setback(single 0 5ft Min.Building SeparatiOT loft loft zero lot line allowe( NO YES** rearsetbad 5ft 20ft sidewalks required alongside of stree both sides One side,none*** sidewalkminimumwidt] 4ft 5ft Min.Open Spac4 30% 1 30% *street width will remain standard 28ft B-B per UTP **Zero lot line only allowed for shared lot line at center of attached-duplex townhomes. ***U land ViewRd. 30'ROW)does not include sidewalk Page 3 of 4 361.245.9400 1 9708 S.Padre Island Dr.,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.corr I TBPELS Firm F-22063 Page 9 of 12 Golden Pointe P.U.D. Summar rc YORK ENGINEERING TABLES(cont.) PUD Permitted Use Deviations Ite CR-2 PUD Single Family(detached P Single Family(attached-duplexTownhomes P P Parks and Open Are P P P-Permitted Use;[Blank Cell]=Not Permitted Proposed Land Use Area Breakdown Landuse Area %ofPUDarea Cum%ofPUD ac area Single-familydetached(Blk 1 Lots 1-27,&30-31)(buildable) 3.34 28% 281X, attached-duplex townhomes(Blk 2 Lots 1-8,&10-17)(buildable) 0.95 8% 360/r Transportation(Marina Park Blvd;Upland View Rd;South Jetty St; 1.18 10% 46% CoasLIineRd.)(non-buildable,public right-of-way) Open Sp ace-Common area(B1k2 Lot 9&B1k1 Lot 29)(buildable) 0.51 4% 50% 0 pen Space-Wetland/upland area(B1k1 Lot 29)(non-buildable, 1.25 10% 60u/o platted] Open Space-Wetland/upland area(non-buildable,unplatted) 4.89 40% 100% Total PUDArea 12.13 100% Total PUDareatobeplatted 7.24 60% 43% Proposed Lot Breakdown LotTypc No.Lots single-family detachec 29 attached-duplextownhome 16 common are 2 wetland/upland* 1 *In addition to the 1 wetland/upland lot to be platted there will be a remainder of 4.89 acres of wetland/upland propertywhich will remain unplatted. NOTE: This development shall comply with the Unified Development Code's development standards unless otherwise noted. Page 4of4 361.245.9400 1 9708 S.Padre Island Dr.,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.com I TBPELS Firm F-22063 Page 10 of 12 Z 1, do 1, 1, abed OVERALL P.UD. DEVELOPMENT EXI-IBIT FOR GOLDEN POINT P.UD. TYPICAL 60' R.O.W. STREET WC0ON Dar rwir moon 1 AOwao DPW wwW M 0019.1.1 ON SP.) WINOS s MAWS 10..01 MAtp KRAUSS k MAWS 10.01 SPAM YORK ENGINEERING fi l\F i IL co av8i�g i r Page 12 of 12 ZONING CASE ZN8332 Applicant & Subject Property District: 4 Owner: John Golden Applicant: Golden Pointe LLC Address: 13902 S Padre Island Drive, located along the north side of South Padre Island Drive and south of Corpus Christi Bay. Legal Description: 16.9 acres out of Padre Island Section 18, Blocks 1 and 2. Acreage of Subject Property: 12.13 acres. Refer to Attachment (A) Metes and Bounds. Zoning Request From: "CR-2/10" Resort Commercial District with the Island Overlay To: "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development Overlay Purpose of Request: To allow a development with single-family and townhomes. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "CR-2/10" Site Resort Commercial with the Vacant Mixed-Use Island Overlay "CR-2/10" Resort Commercial with the Vacant, Permanent Open Space; North Island Overlay; Water Water "RS-6" Singe-Family 6 "CR-2/10" Mixed Use; South Resort Commercial with the Vacant Island Overlay Commercial "CR-2/10" East Resort Commercial with the Vacant Mixed Use Island Overlay "RS-6" Single-Family 6; Permanent Open Space; 9 Y Conservation/Preservation; Water (Packery Channel); West "CR-2/10" Resort Water (Packery Channel); Mixed Use; Commercial with the Island Vacant Overlay Commercial Plat Status: The subject property is not platted; and will require a land subdivision permit to accommodate the planned unit development proposed by the applicant. 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 Marina Park 60-Foot ROW Boulevard 2 Thru Lanes, "Local" Residential No Median/Center -NA- (Proposed) Turn Lane Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: The subject property is approximately 3/8 of a mile from the nearest 1-Way Cycle Track (Both Sides), along South Padre Island Drive. Utilities Gas: An 2-inch Polyethylene (Active and Public ) gas main exists along the north side of the existing portion of Marina Park Boulevard. Stormwater: An 18-inch RCP (active and public) line exists along the north side of the existing portion of Marina Park Boulevard. Wastewater: An 8-inch PVC (active and public) gravity main exists along the north side of the existing portion of Marina Park Boulevard. Water: An 8-inch PVC (active and public) distribution line exists along direction and/or side Insert ROW Name. Corpus Christi Comprehensive Plan (Plan CC) Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Padre/Mustang Island ADP (Adopted on June 29, 2021). 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 5 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 owner) Public Hearing Schedule Planning Commission Hearing Date: February 19, 2025 City Council 1st Reading/Public Hearing Date: April 8, 2025 City Council 2►,d Reading Date: April 15, 2025 Background: The subject property is a vacant and undeveloped 12.13-acre tract in District 4, out of a larger tract, south of and along Packery Channel, and north of South Padre Island Drive; with nearly 5 acres of wetlands to be preserved. The subject property is surrounded by properties zoned "CR-2/10" Resort Commercial with the Island Overlay, that are vacant, with the Packery Channel having an existing land use of Conservation/Preservation. The applicant is requesting an amendment to the current zoning district for a Planned Unit Development Overlay. The Planned Unit Development will include mostly single-family homes, and some townhomes (single-family-attached structures), and include private open spaces to support the development. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: • Natural Systems, Parks, & Recreation (Natural Systems) o Corpus Christi Bay, the Nueces River, Oso Bay, Oso Creek, and other water resources meet or exceed federal and state quality standards, provide environmentally healthy aquatic and wetland habitats, and meet EPA water quality standards for their specific designated uses. ■ Support initiatives to improve water quality so that aquatic life can thrive throughout the city's natural water bodies. ■ Promote preservation of watersheds and environmentally sensitive land and water using public funds or incentives to developers. o Wetland areas are protected or effectively replaced so that there is no net loss of wetlands. ■ Support initiatives to preserve wetlands in the estuary. o Important natural areas are preserved and protected as usable habitat networks with ecological integrity. ■ Support initiatives for the preservation of bird rookeries and similar critical habitat sites. • Housing and Neighborhoods (Neighborhoods) o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complex developments with a lack of interconnection. ■ Consider regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations, or bicycle/pedestrian facilities. ■ Support making safe pedestrian and bicycle routes available in new and redeveloped areas where appropriate and consider offering financial or non- financial incentives. o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. 0 Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Corpus Christi has well-designed neighborhoods and environments. ■ Encourage convenient access from medium-density residential development to arterial roads. Padre/Mustang Island ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Padre/Mustang Island ADP; however, is inconsistent with the future land use designation of mixed use development. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed zoning is consistent with the City of Corpus Christi Comprehensive Plan; however inconsistent with the future land use designation of mixed use development. • The requested amendment is compatible with the present zoning and conforming uses of nearby property. It is suitable for the uses permitted by the zoning district that would be applied by the proposed amendment. • In determining whether to approve the applicant's request for a Planned Unit Development Overlay, staff considered the development's harmony with the character of the surrounding area, and the variety in housing type to be offered, and compatibility and flexibility due to site conditions and restrictions. • The applicant is proposing deviations in the uses permitted in the current zoning district, and deviations to the townhome development standards in the lot area and is also deviating from certain right-of-way design and dimensional standards, as indicated in their Permitted Uses and Uses Breakdown, Development Standards and Deviation Summary, and Improvement Design & Dimensional Standards and Deviations tables. The Planned Unit Development Plan is also attached. Planned Unit Development Uses Breakdown Zoning District Number of lots CR-2/10 CR-2/10/PUD Single-Family Detached P 29 Single-Family Attached Townhome P P 16 Parks and Open Areas Common Area P P 2 Parks and Open Areas (Wetland/Upland) P P 1 1 . P= Permitted Principal Use; [Blank Cell]= Not Permitted 2. In addition to the 1 wetland/upland lot to be platted, the remainder 4.89 Acres of wetland/upland propertywill remain un Iatted. `Bold, under deviations, highlights a deviation,lower than the minimum,from the Unified Development Code Planned Unit Development Standards for Development Single-Family Detached Single-Family Attached Townhome (Front Access) UDC Standard Deviations UDC Standard Deviations Min. Lot Area 3.500 SQF 2,600 SQF 2,500 SQF Min. Lot Width 45 FT 26 FT 33 FT Street Yard 10 FT 10 FT 20 FT Street (Corner) 10 FT 10 FT 10 FT Yard Side Yard 5 FT 0 FT 5 FT Rear Yard 10 FT 5 FT 20 FT Min. Open Space 30% 30% 30% Max. Heigh 35 FT 45 FT 45 FT Min. Building - 10 FT 10 FT Separation Refer to page 3 of the Golden Pointe PUD Development Plan and Guideline. Unless otherwise specified, the development shall comply with the prescribed Unified Development Code standards. *Bold, under deviations, highlights a deviation,lower than the minimum,from the Unified Development Code Planned Unit Development Improvement Design & Dimension Standards Marina Park, Coastline, & Jetty Upland View Road UDC Standard Deviations UDC Standard Deviations Right-of-Way Width 50 FT 30 FT 46 FT 37 FT Planting/Utility Area 6 FT 0 FT 7 FT 2 FT Street Section Width 28 FT 28 FT 28 FT 28 FT BC Bump Out With= 6 FT; 0 FT With= 6 FT; 0 FT Without= 0 FT Without= 0 FT Required Sidewalk/ Both Sides; 4 FT One Side; 5 FT Not Required on None; 0 FT Sidewalk Width Both Sides; 4 FT Tied Sidewalk Not Allowed 0 FT Not Allowed - Thru Lane One 2 One 2 Traffic Lanes Two 2 Two 2 Parking Sides Required (Both Both Sides One Side Both Sides None Sides) `Bold, under deviations, highlights a deviation,lower than the minimum,from the Unified Development Code Planning Commission and Staff Recommendation (February 19, 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 "CR-2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development Overlay. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (C) Planned Unit Development Plan (A) Metes & Bounds Description and Exhibit ARDURRA SURVEY DIVISION-TBPELS Firm No. 10194688 "EXHIBIT A-1" METES AND BOUNDS DESCRIPTION FOR A 12.127-acre tract of land(528,258 Square Feet)being the remaining portion of a called 16.9220- acre tract known as Block 1A, Section 18, of the Padre Island- Corpus Christi (P.I.C.C.) Subdivision,described in a deed under"Exhibit B"to J.Golden Pointe, LLC,formerly known as Golden Pointe, LLC,as recorded in Document Number 2D14010223,Official Records, Nueces County,Texas,being out of a called 54.974-acre tract described in a deed to Golden Pointe,LLC as recorded in Document Number 2007010539,Official Records, Nueces County,Texas, said Block 1A being out of Block 1,Section 18,of the P.I.C.C.Subdivision,a map of which is recorded in Volume 38,Pages 69-70,Map Records,Nueces County,Texas,and being out of the Nicolas &Juan Jose Balli Grant,Abstract No. 1998, in Nueces County,Texas, said 12.127-acre tract being more particularly described with bearings based on the Texas State Plane Coordinate System of 1983(NAD 83),South Zone(4205),with metes and bounds as follows; BEGINNING; At a 5/8"iron rod found, N=17,120,027.95,E= 1,397,157.20,for the northeast corner of Lot 2,Block 2,of the Packery Pointe Subdivision,a map of which is recorded in Volume 69, Page 85,Map Records, Nueces County,Texas,for an interior corner of the herein described tract; THENCE: S 86°36'40"W,with the north line of said Lot 2,a distance of 155.17 feet to a point on the east shoreline of Packery Channel,same being the east boundary line of the State of Texas Submerged Land Tract Number 61, defined as the Line of Mean Higher High Water as determined by David L. Nesbitt, Licensed State Land Surveyor, No.5302,on May 19t1,2023,for the southwest corner of the herein described tract; THENCE: In a north, northeasterly direction with the Line of Mean Higher High Water,the following calls; N 47°14'14"E,a distance of 31.68 feet; N 67°15'42"E,a distance of 163.56 feet; N 32°25'36"E,a distance of 23.87 feet; N 42"56'09"E,a distance of 195.49 feet; N 29°05'29"E,a distance of 193.30 feet; N 18°24'37"E,a distance of 92.74 feet; N 65°17'09"W,a distance of 54.68 feet, N 7412'01"W,a distance of 68,94 feet; N 89"37'03"W,a distance of 17.97 feet; N 46°26'16"W,a distance of 27.82 feet; N 23"03'34"E,a distance of 170.39 feet; N 41°34'43"E,a distance of 175,49 feet, N 50°25'36"E,a distance of 146.58 feet; N 61°58'27"E,a distance of 128,04 feet; N 87"4626"E,a distance of 234.53 feet; S 81°56'02"E,a distance of 169.69 feet, S 64°36'12"E,a distance of 148.71 feet; THENCE: S 48°25'00"E,continuing with the Line of Mean Higher High Water,a distance of 143.39 feet to a point on the south shoreline of Packery Channel, same being the southeast line of said Block 1A,and for the northeast corner of the herein described tract; 22305ara1oga Boulevard I Corpus Christi,TX 78417 1 361,883.1984 I www,ardurra.com Joe No.,23013&000.2 File:U.\1 Geld-Propedles\230135 PICC 5-18-51.6 La"d Bwndery\000\90-Sarver\legal ED— oma,N—ber 21,2024 J ARDURRA SURVEY DIVISION—TBPELS Firm No. 10194688 THENCE: S 52'11'27"W,with the southeast line of said Block 1A,being 150 feet northwest and parallel to the common lot line of Blocks 1 and 2, of said P.I.C.C. Subdivision, a distance of 1,496.82 feet to a point on the east line of Lot 2 of said Packery Pointe Subdivision,for the southeast corner of the herein described tract,from which a 518"iron rod found for an exterior corner on the east line of said Lot 2 bears S 01°39'08"E,69.21 feet; THENCE: N 01'39'08"W,with the east line of Lot 2 of said Packery Pointe Subdivision,a distance of 76.01 feet to a 5/8"iron rod found for an exterior comer on the east line of said Lot 2,and for an interior corner of the herein described tract, THENCE: N 11'42'06"W,continuing with the east line of said Lot 2,a distance of 16.64 feet to the POINT OF BEGINNING and containing 12.127-acres of land(528,258 square feet), more or less. Said tract is accessible via a 60-foot wide road easement, described separately,all being described in accordance with an actual survey made on the ground and a survey map prepared to accompany said description by Ardurra Group,Inc. OF" Te SERGIO"Z•"CANALES 7-. � 0 fi040 P �ti� SERGIO Z. CANALLS SURD REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO.6D40 22305araloga Boulevard I Carpus Christ!,TX 78417 361,883.1934 www.ardurro.com lob No.'230136.000.2 File;ll\1 GoIdePrapernes\230136 P€CC SecI&-Smte Laid Swdary\000\90-Sr.ey\legal hex Oo1e:N—ber21,2024 a8� N f �[ / p4y � 3 wwww3333 wwwwwwww3 33 / v ZK- '<"u'i u�i mlv�.P PPP��- ASV S�PrP w�mh C', �rvmmm $� m E.zzzz.zzzz...zz. / A zzzzzzzzzzzzzzzmmmiz¢z i�`'•lar;°s =m�� s�� os[wIa =l m� / A. " om x / SL N w ✓' `r n� �� o i J ` Q / 4, ^9 �W tiva rl r u PNo- �'Z s q g3 � L Nw LU 91 7 W W ZO aIIwO .W \� ��• g z c � ar' mrcci arv�a Ll PC J y d � J J m Pzl a N€Wom9 -Ul oapmi < - �z 6 t q e �!{ di wp ow�8m ° 6 w U A TM �U �� a LS ffill �s pia � �Epa (B) Existing Zoning and Notice Area Map FR RS-6 SUBJECT PROPERTY CR 2 S 6 p'qC kFRYpOlNrF. F R �R CASE: ZN8332 SUBJWXiP4? ri �'dF zoNInrc w � RM-1 Multifamily 1 IL Light Industrial RM-2 M-hifamily2 IH Heavy l nduatrial s RM-3 Multifumiy 3 PUD Planned Unit Dev.Overlay P ON Praleasi...I Dffice RS-10 Singl.-Family 10 r RMAT Multlfamlly AT RSb Singls-Femily S CN-1 Neighborhood Commercial R114.5 Single-Family 4.5 CN-2 Neighborhood Cammorswl RS-TF Twa-Family - CRA R....t Commercial RS-15 Single-Family 7S CR-2 Re so rt Commercial RE Resid.Mial Esfafe C3-1 General Commercial RS-TH Townhouse CG-2 Genera€Commercial SP SPc ial P—It CI Intensive Commercial Ry Reereatitne9 Yehlele Perk CBD Davmlawn Commercial RMH Manufactured Ham. RaCommercial FIR FR Farm rm Rural H Him-k Overay S"JECT BP Business Park PROPERTY 8 -5 Pnmary B�q{{g SP �Permrc Bfi P7 V B AGN®r� T-4fuw4dRrler Parr Disvux eD caw:Cm'L, gg�f��-1 M��gp ed11, P,*Diwia Cityol Esn,HERE F-R Farm Runl tapaWrad owrrersh{n fable T-1 RNpad Hame Subdivisvr Ci"YP L16 LOCATION MAP HC HlsbYlatl-cultural LaMmah OvSPiet Christi (C) Planned Unit Development Plan Golden Pointe P.U.D. Summa YC YORK ENGINEERING DEVELOPMENT DESCRIPTION Golden Pointe, LLC proposes to develop the Golden Pointe Planned Unit Development(PUD) on a vacant waterfront tract of land located north of the intersection of Marina Park Boulevard and Packery Pointe Drive. The proposed development will consist of 29 single-family lots and 16 Townhome lots with the intent to construct 8 attached-duplex style townhomes. The subdivision will feature homes constructed on piers to accommodate the low elevation and code requirements regarding flood zones. The proposed development will consist of single-family detached, attached-duplex townhomes,and open space.The construction type will allow for the ability to have parking underneath the structures. PROPERTY AND ADJOINING LAND USE AND ZONING The property is currently vacant waterfront property.The current zoning is CR-2 with an Island Overlay and the requested zoning is CR-2 PU D with an Island Overlay. To the north,northeast,and northwest of the property is the Laguna Madre navigable channel.The property to the southeast is vacant and zoned CR-2. The property to the south and southwest is partially developed (Packery Pointe Subdivision)and includes public streets and commercial business such as Starbucks,Sonic, and a hotel. VICINITY AND LOCATION The subject property is located on Padre Island north ofthe intersection of Marina Park Boulevard and Packery Pointe Drive.See"Off-Site Access"Exhibit. SITE PLAN&LOT LAYOUT A Master Site Plan Exhibit is provided which illustrates the proposed layout of lots and street improvements. Block 1 will be the single family lots.Lots 1-27,Block 1 will be single family lots with backyards facing the Laguna Madre.Lot 28,Block 1,will be a common area lot for future installation of amenities which will be open to all residents of this development as well as their guests.The amenities will not be open to the public.Lots 30-31,Block 1 will be single family lots with rear yards facing the wetlands and uplands which will remain native.Block two will be the townhome lots.Lots 1-8 will have 4 two-family townhomes.Lots 10-17 will have 4 two-family townhomes.Lot 9 will be a common area lot for open access as well as shared amenity and play area for residents and their guests.The project will be constructed in a single phase. Pagel of 4 361245 9400 1 9708 S.Padre Island Dr.,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.com I TBPELS Firm F-22063 Golden Pointe P.U.D. Summa YC YORK ENGINEERING DEVELOPMENT STANDARDS DEVIATIONS Deviations from the proposed CR-2 zoning requirements are as follows: 1. Single family(detached Structures)will be permitted. 2. The minimum lot area for Townhome lots shall be 2,500 S.F. a. Lots 1-8&10-17,Block 2 DEVELOPMENT DEVIATIONS Deviations from the subdivision standards are as follows: 1. Street right-of-way width shall be 37 feet minimum for residential street. a. Constructed street shall be atypical 28'B-B street with curb&gutter. 2. 5 foot wide Sidewalk shall be provided on one side of the street only. MISCELLANEOUS P.U.D.PROVISIONS This development will allow short term rentals. The area of Lot 29,Block 1 which consists of wetlands and uplands shall contribute toward the required open space. Any amenities constructed on Lot 28,Block 1,and/or Lot 9,Block 2 shall not take away from the open space provided by said lots. The main structures in Lots 1-8&9-17,Black 2 shall be setback a minimum of 20'creating 20'of private open space in each townhome's rear yard which is contiguous to the common open space in Lot 9,Block 2.Pools and related structures shall be permitted within the 20'rear yard private open space. The developer shall have the right to install and maintain landscaping plantings and features including landscape lighting and within the green space outside of the street and sidewalk pavement along the off-site access portion which is located in a 60 foot wide road easement. This right shall pass to the HOA once established.It is acknowledged that the city of Corpus Christi shall have no responsibility for replacement of landscaping improvements damaged due to required street and/or utility maintenance. Page 2 of 4 361245 9400 1 97DB S Padre Is€and Dr,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.com I TBPELS Firm F-22063 Golden Pointe P.U.D. Summa YC YORK ENGINEERING TABLES PUD Deviations(Single Family-Detached) Ite CR-2 PUB minimum lot area for residential 3,500 Minimum lot widt 45ft Street(front] loft Corner setback(sideyard abutting street) loft Street right-of-way width for residential street* 37ft sideyard setback(single) 5ft sideyard setback(total)j I 10ft rear setbacil I loft sidewalks required alongside ofstree One side,none** sidewalk minimum wid I 1 5It Min.Open Spa 30% *street width will remain standard 281t B-B per UTP *Upland View Rd.(30'ROW]has no proposed sidewalk PUD Deviations(Attached-Duplex Townhomes;Front Access) Ite CR-2 PUB minimum lot area for residential 2,600 2,s00 Minimum lot width 26ft 33ft Street(front) loft 20ft Cornersetback(sideyard abuttingstreet) 10ft loft Street right-of-way width for residential street soft 37ft,30ft* sideyard setback(single) 0 5 ft Min.Building Separatioq loft loft zero lot line allowe4 NO YES** rear setbacq 5ft 20ft sidewalks required alongside of stree both sides One side,none*** sidewalk minimum wid 4ft 1 5ft Min.Open Spa 30% 1 30% *street width will remain standard 28 ft B-B per UTP **Zero lot line only allowed for shared lot line at center of attached-duplex townhomes. ***UplandViewRd.(30'ROW)does notinclude sidewalk Page 3 of 4 361245 9400 1 970B S Padre Is€and Dr,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.com I TBPELS Firm F-22063 Golden Pointe P.U.D. Summa YC YORK ENGINEERING TABLES(cont.) PUD Permitted Use Deviations Item CR-2 PUD Single Family(detached) P SingleFamily(attached-duplexTownhomes) P P Parks and Open Area P P P=Permitted Use;[Blank Cell]=Not Permitted Proposed Land Use Area Breakdown Land use Area %ofPUDarea Cum%ofPUD ac. area Single-familydetached(BlkI Lots 1-27,&30-31)(buildable) 3.34 28% 28% attached-duplex townhomes(Blk 2 Lots 1-8,&10-17)(buildable) 0.95 8% 36% Transportation(Marina Park Blvd;Upland View Rd;South jetty St; 1.18 10% 46% Coastline Rd.)(non-buildable,public right-of-way) Open Space-Common area(Blk2 Lot 9&Blk1 Lot 26)(buildable) 0.51 4% 50"/o Open Space-Wetland/upland area(B1k1 Lot 29)(non-buildable 1.25 10% 60% fatted Open Space-Wetland/upland area(non-buildable,unplatted) 4.89 40% 100% Total PUDArea 12.13 100% Total PUD area to be platted 7.24 60% 43% Proposed Lot Breakdown LotTypE No.Lots single-familydetache 29 attached-duplextownhome 16 common are 2 wetland/upland* 1 *In addition to the 1 wetland/upland lotto be platted there will be a remainder of 4.89 acres of wetland/upland property which wi11 remain unplatted. NOTE: This development shall comply with the Unified Development Code's development standards unless otherwise noted. Page 4 of 4 361245 9400 1 9708 S Padre Is€and Dr,Ste A200 I Corpus Christi,Texas 78418 1 office@yorkeng.com I TBPELS Firm F-22063 01,1101.1 MAP OVERALL P.U.D. DEVELOPMENT EXHIBIT FOR GOLDEN POINT P.U.D. w lww sr.* uxcc (NEN �uE) rTi[c) u FORKENGINEEAIHG .AIIIIIIII' °CATION MAP LAW UK 1.0 MASTER SITE PLAN FOR GOLDEN POINT P.U.D. Gallon ewe (wA 9,a) FEAT [PEN SPACE (F13761 u uruws ww mA<c7 5'01401 u�ws Iww wrtiy no mien ra w�mry� YGAN ENGINEERING Zoning Case ZN8332 Golden Pointe LLC District 4 Rezoning for a property at or near 13902 S Padre Island Drive From the"CR-2/10"Resort Commercial Districtwith the Island Overlay To the"CR-2/10/PUD"Resort Commercial District with the Island Overlay and a Planned Unit Development Overlay SUBilE,CT PROPERTY SUBJECT PROPERTY LOCATION MAP r-� �rn,T f D R City Council April 8, 2025 Zoning and Land Use Proposed Use: To allow a planned unit development with a mixture of single-family homes and townhomes FR ADP (Area Development Plan): RS-B Mustang/Padre Island, Adopted on June 29, 2021 FLUM (Future Land Use Map): Mixed Use S�BOEC�T PROPERTY Existing Zoning District: "CR-2/10" Resort Commercial District with an C P Island Overlay 12/20/2004 Adjacent Land Uses: 6 North: Vacant, Water; Zoned: CR-2/10, RS-6 N South: Vacant; Zoned: CR-2/10 FR East: Vacant; Zoned: CR-2/10 �R West: Conservation, Water, Vacant; Zoned: CR- 2/10, RS-6 Public Notification 5 Notices mailed inside the 200' buffer 4 Notice mailed outside the 200' buffer FR RS-6 Notification Area Opposed: 0 (0.00%) SUBJECT Separate Opposed Owners: (0) PROPERi In Favor: 0 (0.00%) s 2 3 N ar FR *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. Master Site Plan -- - - - - - - - - - - - - - - Master site plan Enlarged Site Plan 15 16 17 J ,._..,...,k 12 I orvY) 19 23 2 9 / \ 6 27 I I Planned Unit Uses and Development Standards - - - -_-_- - - - - - - - - -, Planned Unit Development Standards Master site plan i Single-Family Single-Family Attached Detached Townhome �. Front Access z ) UDC Deviations UDC Deviations Standard Standard Min.Lot Area 3.500 SQF 2,600 SQF 2,500 SQF Min.Lot Width 45 FT 26 FT 33 FT Street Yard 10 FT 10 FT 20 FT Street Corner Yard 10 FT 10 FT 10 FT Side Yard 5 FT 0 FT 5 FT _ Rear Yard 10 FT 5 FT 20 FT Min.0 en S�Paraton 30% 30% 30% Max.Hei ht 35 FT 45 FT 45 FT Min.Bld .S 10 FT 10 FT Unless otherwise specified,the development shall comply with the prescribed Unified `^ Development Code standards. Enlarged Site Plan Existing Proposed Proposed Zoning PUD Lots C R-2 1-Family Detached P 29 1-Family Attached(Townhome) P P 16 j Parks and Open Areas(Common Area) PA PA 2 Parks and Open Areas(Wetland/Upland) PA PA P=Permitted Principal Use,[Blank Cell]=Not Permitted Planned Unit Development Improvement Standards �v w Planned Unit Development Improvement Design and Standards \i Marina Park,Coastline,&Jetty Upland View Road UDC Deviations UDC Standard Deviations Standard Right-of-Way Width 50 FT 30 FT 46 FT 37 FT I \ \ Planting/Utility Area 6 FT 0 FT 7 FT 2 FT 6 -- Street Section Width(BC) 28 FT 28 FT 28 FT 28 FT Bump Out With=6 FT; 0 FT With=6 FT, 0 FT r Without=0 FT Without=0 FT Required Sidewalk and Both sides;4FT One Side;5 FT Not req'd on 2 None;0 FT Sidewalk Width sides 4 FT Tied Sidewalk Not Allowed 0 FT Not Allowed - Thru Lane One 2 One 2 Traffic Lanes Two 2 Two 2 TYPICAL 30'R.O.W.STREET SECTION (Upland View) Parking Sides Allowed Both sides One side Both Sides None » �r r�m•w� , TYPICAL 37'R.O.W.STREET SECTION (Marina,Coastline,Jetty) Staff Analysis and Recommendation • The proposed zoning is consistent with the City of Corpus Christi Comprehensive Plan; however, is inconsistent with the future land use designation of mixed-use development. • The requested amendment is compatible with the present zoning and conforming uses of nearby property. It is suitable for the uses permitted by the zoning district that would be applied by the proposed amendment. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "CR-2/10/PUD" RESORT COMMERCIAL DISTRICT WITH THE ISLAND OVERLAY AND A PLANNED UNIT DEVELOPMENT OVERLAY SUBJE,C/T PROPERTY Aq. .. T c�FRYp OIN�FO R CASE: ZN8332 N WE Aerial View a' s ® Subject Property SUBJECT PROPERTY City of Esri, HERE Corpus LOCATION MAP Christi se GO � O� A v AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 04/08/25 /NOHPR PZ E 1852 Second Reading Ordinance for 04/15/25 DATE: April 8, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3(a)cctexas.com (361) 826-3596 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for King's Landing Unit 10 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $114,240.00 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $114,240.00 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 24.61 acres of single-family residential homes with approximately 103 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $114,240.00. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 24.61 acres subdivision named King's Landing Unit 10 subdivision located north of Lady Claudia Street and west of London Pirate Road. The plat was approved by the Planning Commission on September 20, 2023. The water improvements consist of 590 linear feet of 12" PVC pipe. The allowable reimbursement amount is $114,240.00. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Grid Main Construction Standards. The project is eligible for reimbursement from the Water Arterial and Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new King's Landing Unit 10 subdivision development. An alternative to utilizing trust funds to construct the water arterial transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $114,240.00. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager for the FY2025 budget up to $114,240.00 to reimburse the developer in accordance with the agreement. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $114,240.00 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $114,240.00 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023, to develop a tract of land, approximately 24.61 acres known as King's Landing Unit 10 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 12-inch water line, including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. Funding in the amount of $114,240.00 is appropriated from No. 4030-21805- 777 Water Arterial Transmission & Grid Main Trust fund to reimburse the Developer for the construction of a water arterial transmission & grid main line, and improvements in accordance with the Agreement. SECTION 4. The future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund until $114,240.00 is appropriated in accordance with Section 3 of this ordinance. SECTION 5. The City Manager or designee is authorized to appropriate $114,240.00 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement. SECTION 6. This ordinance takes effect upon passage. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023 to develop a tract of land, to wit: approximately 24.61 acres known as King's Landing Unit 10 subdivision located north of Lady Claudia Street and west of London Pirate Road. as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Kings Landing Unit 10 -Water Cost Estimate 12/24/2024 WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 590 EA $112.00 $66,080.00 2 12" CROSS 2 EA $2,500.00 $5,000.00 3 12" CAP TAPPED FOR 2" 1 EA $1,120.00 $1,120.00 4 12" GATE VALVE WITH BOX 2 LF $5,300.00 $10,600.00 5 6" EL,ANY ANGLE 4 EA $1,100.00 $4,400.00 6 6" GATE VALVE W/BOX 4 EA $2,000.00 $8,000.00 SUBTOTAL $95,200.00 ENGINEERING, SURVEYING, &TESTING (11%) $10,472.00 CONTINGENCY(7%) $6,664.00 BOND(2%) $1,904.00 TOTAL $114,240.00 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 2 of 12 3. REIMBURSEMENT a. The cost for the Water Improvement is $114,240.00 Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $114,240.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 3 of 12 §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 12 e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of 120 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 12 EXHIBIT 1 oso caEEr PLAT OF oFTEAAs KING'S LANDING UNIT 10 COUNTY or NHecesH A FIR, AN, FORTNENNGEV / \ o Soo 1000 z000 /C SCALE =PER' IN IF 14, AS SIOWN,THAT STREETS ANN EISEMENTS AS SHOWN USEE BEEN HERETOFORE 4 �DTHATT ATwA�MOEFoR,„EpEIpoDEsoFpEI T,oNANppEo,�„oN CORPUS �CHRISTIA���NUECES COUNTY, TEXAS ����� ��� N THIS THE DAY OF R— BASS & WELSH ENGINEERING z3 Tx SURVEY REc. NO D54 S, AIR Tx ESTR ET, = °ASITE" REG. NO F-52, 3054 S. AIR AS STREET, SLE E MANOR MonACHATSI,GENERAL PARTNER CORPUS CHRISTI, TEXAS 78404 EET of IBlF IT TE OF FCONA COUNTY OF o VETNIECES EFORE ME RY MDssA SAIIIAs cENICAL ARSER, IIT A��E�N T TIE T SEA T RAll oiANUT ATINAIIA . R NER OF MAIM DE LOAMEN.LY. LEGEND: rJ B A �� L� RR THIS TIE RAFF OF 2D DE DRAINAGE EASEMENT NEF.UIS D.R. DEED RECORDS, NUECES CO.,TX DrADNSTDN NITAll IS IN A c—�II a STRTE IF TExRs AND Fore THE M.F. MAP RECORDS, NUECES CO.,TX STRR�t � I IT O.R. OFFICIAL RECORDS,NUECES CO.,TX L uOiA ST THE UTILITY EASEMENT ITLVN LN STATE OF TEXAS $ COUNTY OF NUECES § PLOT ETRY THIS THE EMADE aN DAHE Y OF BOUND UNDER MY IIECTio 2O WAS pREVARED FROM A ��$ STATE OF TExRs @ �p EN OR,WEBER Rm . . .L. . muNTv of NUECES NINON M WELSH.R p S @ T HE FORT P LAT 0 HE HE I SIR PEACE RED PROPERTY WAS IPIROIED BY THE SEA A6PWHTGlRE,BE,,IFM,GPM LOCATION MAP STATE OF TE,:AS D IE COUNTY OF NURSES WEE IEN ON TIE LAND CA.AACED A 7N MEr,H TIE To ED STATE IF TCOAS TWE All—HEREIN EYA THE 1. 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Oa.5'EE / y v+ 4 E E E9 2E _o I 32 ql 30 �� 28 0 26 W 09 E 9150 IF e]3 IF E60A SF 9102 IF 9898 SF ] SF E84E SF IF 8113 OF 246 IF w E5 J4 to ZO 2 990]SF 9093 SF _ O13 N r O E E5.00' 6E.00' 300' E5.00'� 0 _ 90.3 IS UE - 60.00' E 61.00' 62.0 3.FT 146.92 _ - 58.00' S9.00' - -- -- -58904'BeW UE - - -509°042R'8 - - Z E 5'U W O o IF F £ 990] IF 9092 IF 3 5 6 _ E CJ 9150 SF 0168 SF E686 IF 9102 IF o f o 82521 SF 6432 IF G549 SF 6660 SF 6EE1 SF 6882 SF o 0 W oA EI III SEs`� 25j \ Flo O 25'YR Pl 25'YR - 3E.5' 3E.5' m 1 o-9/ �q. 10202 SF T� 5'EE 00' N E5.00' S'EE 6E.00' 6REVJ D63S 0'- 60.00' 59.EB' S8.00' SEE 59.0 60.00' 610_ N� - sag 04'28'W 2E9.]1 - S09°0a 28'W 1020 RE YJ ov ST o N88°56'5- © - - - - a0 - - Nag'OaIS 111 83 - - r 98.56' N-0a28"E 0-02' - ti EG ti N N-C4'28'E 1010.33' N89'04 28"1 2E9.11" A E - 85.OB 6E.00' 5 EE 63-00' 60.o0' s9 Eo-' sFE sa 0o s9.U0' 60.OU' 61-UO�s EE 6z.00' 63.00' 63 F � 3F.s 3E.s F s 1 azo1 S ip� 25'11 o 'vR s9 Os.5 EE 2 Y� 60 59 58 5E '0 3 29 20 2E N 2 9P 91R8 SF 8208 SF EE18 SF 9139 SF n 952a2SF a24 SF E552 SF E680 SF o E808 SF E936 SF 26 -F 20 9922 IF 9139 SF O O 4 o5'UE 145 E5.0 ES' - 5 . 5?11L- - - 0 5'UE S89°04'28" 51 5 53 54 55 S 2 3 4 5 12 K1N6'S LANDING UNIT 9 N00°55 50''32'W 5. KINo S LANDING UNIT 9 A .x, P. xx meu xx. N.R. v.x. P. x THOU xx, N.R. CURVE DATA 0 25 50' 111' © T � scAEE.r=50' D=90'00'00" D=48°45'01' D=56E°30'03' D=48'45'0]' D=90'00'00' p R=15.00' R=35.00' R=56.00' R-15.00' - Yi T-e3 5 L-29 7a' -zii'zz' =e3.3e' - KING'S LANDING UNIT 10 55 E CB=N64-m'SE'E D�oo-ss32'E CD=N66'33'0rw G W CORPUS CHRISTI, NUECES COUNTY, TEXAS CH=21.21 IT A 89' CH=E3.85' IT A 89' CH-21.2] BASS IS WoLSo E oGIN ENA EERIN7 -"TN COATI ON OF A J30.570 ACRE TRACT, ➢OL. NO. PORTION OF A 293.04J ACRE TRACT, 2019051482,O.R., A PORTION OF SURVEY]39, DOC.NO.2019p39B6. O.R., A PORTION OF SURVEY ABSTRACT 577, SAID SURVEY NAMED CUR➢RILLA 139, ABSTRACT 577, SAID SURVEY NAMED 5 IRRIGATION COMPANY, NUECES CO..TO, CUA➢RILLA IRRIGATION COMPANY, NUECES CO. TX. MPM DEVELOPMENT. LP MPM DEVELOPMENT, LP 5 HE, noc.NO. N89'04'28"E. 180.00' � c N89°04'28"E 1018,30' UU' °R� _ 120.oo' o Dy - - - - - - - _ TO 64.00' 67.00' 65-p0 62.00' 65.oo-5'HE 65.Oo' 6�sz u� 593o sF 62.00 63.00' S'UP 65.00 66.00' �o O I' ]4 S89'Oa 328'W 3.4 Ym 116 3' 6 _ 7 8 10 T4 ]13 hs 42 1 n N 7245 IF 73s0 SF 74759 SF 75'I SF 7705 SF 752 SF 30 OF 7a75 SF 7475 IF N 7563 SF I^d 3 u 11 581E IF 20 cn1 Z 1p �z IF �°�-8, 104 W 42,N oN a9-oN svR 116. C ml.oY ��10 N 43 0 20 d 62.00' =3.Op' 64.00' S'EE 65,00 66.00' 67.00_ 65.00 62. 65, O m vN _ - -- cn IK 5823 IF �1 1 N 2 589'04'28'W 1001.10' £1cn A S89°04'28'W V`I IN N FE n - - - �_ n 11550' - -N89-04�28FEI N1100498' ti N89'04'28'E IDIP.89' �p plw 6859 SF - 62.00' 60.00 5'EF 64 06- 65.00' -66 p0 67.a0' gip.oo 52 00 s EE 68.00' �s oo' 53.16' seE°o4'1e'w C 25'vF 2S YR o ll6.6]' Fp 25 OF 27 26 25 24 3 22 F 21 20 18 ]7 p L I 1 20 oN 8379 SF 8512 SF 8645 SF A77A SF 891]S 931O SF R2a6 SF 9p44 SF 9975 SF 9698 SF O 10'vA UE ]0'YR/UE S89°04'28"W 105.46' _ DRIP WORM DRIVE - J w N89° '28'E ]50 O . 0' 5'UE 62.00' s3.00' s4.OCT 65.00' 66.00 67p'.O 70 DO 62.00 68.00' S'UF 75.00' 75.55_ O N89'04'2- 105.00 _ _ E 'YR/UF - -589'04 228 V - 5'UE 5'LE 0 0 31 40 O 1511 IF ]2 IF 13 14 15 6 10 ]] 83JR SF CT 6 N DEC7 SF 7]08 SF 721E SF 73F6 IF 7437 SF 7770 SF 6882 IF 754R SF 8325 OF p V o S89°04'28"W 00 120 00 0 38 25 R o 6600 IF of ST 62.00' 63.00 64. 5'EE 6 00_ =6.00 67.SP 00' 70.Op' _20_ 00' 'EE 75. 60.55' O g9p4'I. 28"W 0 CC E89"04 A- 102D 333 ti ti eeE v2jov 51 ��0 42 . ro 37 - - - - - NR9°04' "E ] 7.83' - - - - - 000 SF 51 C F'l in in v = c� N N89'04'28'E ]020.33' OA f mW < 65.p0' 66.00' 67.00 70.OR 62.00' SEE 68.00' 75.00' 60.55 zo o��O �� -62-00' 6300' S EE 64.p0' s vRzsvR ~ 25 8576 SF 896p SF 7936 SF B70a SF 9GOO SF 9622 IF WI A 6000aSF of 35 2 26 192 SF RICO SF 6448 IF �� 8064 IF R SA91 o2" 2g"w ^ p.Co' 0W ow oN oN o 0 0 62.00' 63.00' 64.00' 65.00' 66.10' 6Z 00' 70.00' S'UE 6S 00'_ 68.00' _ 75.00' _ 75_ �u 1 34 - - - - - 3p' 3p' woo Sr of s'UE - - 89°04'28 W 11]0, 33'- 5'UE , 15 6 7 8 9 10 ]1 12 13 ^ 16 9 2 � 33 O n An r1NG'S LANDING UNIT 9 N00'55'32' A v x, P. ADTOFU- M.e. KINGs LANDING UNIT S89'04'29'W 20.37' v.x, P. xx THOU CO, M.R. Tao.oa' 0 25 50' 100' SCALE r=so' - 20 FO OG o'47" D�--oe•23'oR' D�--9R"23'm' DQ--e1"6as3' D--oa°z3'm' DA--os°3o's4' D--a7"m'aa' KING'S LANDING UNIT 10 D=9-0'00, - D=pS°42'21' - /� p� R=150O R=35251' - - R=1500' R=1500' RS90.00' RSS0.00' R=15.00' CORPUS CNA ST, NUEIiES CDUIVTY, TEXAS T-"Do' - T=17 s7' - - - - T=21.26' - T=14.2T L=23.56' L 23.56 L=35.1]' 6249] F L 42.44 L 22.81' CBS45'S5'32'E CD S-04 2R"W CD=S06'25' 1 E C-0214 O- CD 0a 5 W 4 6 6 2 9 W BASS �.' WELSH E OG NE ERN G N�3 IT 2]' CH-21.2J CH=35.09' CH=16.49 CH=42.77 CH-22.71 CH-19.s1 CH-42.40 CH-33.68 CH=20.6R 11 - _ L EXHIBIT 2 UDC Agreement Application Date of Application: 2-4-25 Type of Agreement Requested: Deferment [ ] Reimbursement [X] Participation [ ] Approved Plat Name: Icings Landing Unit 10 (PL7963) Public Improvement Type: Water Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $114,240.00 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [X Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature &Title Submit Application Electronically to: contractsandaa reementsAcctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 o—z as once � o ao G 1 �9 o a o it , hill o"y c o 2€ "�k_5` 4 o E " did fib. a u En of SA N "z d 9 1 01 o o� � ., e _ � � 8- �Yak = aCOLDall hid�JII o AT isd 5 - _ MOO o � !E ! i 11 1 e< oa d�o - ma � �1oEs a o _ p � x .eu�G��o" e e 4 P. 1 PV1 ma- W !1 1N wu ON�e a e q�§' § I - a s o _ §oV W 4z § o - Ea - r s s � o �- u s1 lidqy His! go -- h 4 , - z�3ooia.ddsi' d ill I _$`m; sp""§ " 8¢a o pd s ¢t Y - - W: &I!M 11 — p s= a = G �aw poG - <"s= a -w p§am'� a��=o� 3 �aew§ ' -oe���e� d ; �6_= 3,,,��,_s��3"as., aQeW#"§`s= �,§ oo�! I =� �85y po R N�ARSme Nm�emSm� 3S3S000aamemoRmA - aye - 8 GaYi - ��m�g�"s 000000000000000000000000 000000000000000 �€ e�os� o ����aa"so , _��� oz�ao oG s� _ ova "�oe " - d�Foo K'L41.°XoiTe 00c 35 3 O 2+00 NIJECES CO R. NO N89° 04 28N EnEA592.ELORME-0P 79 81 RAT 82 OE PROP BB P x T eoxLEULVE T o. m ,47 f yT 12HAEGP C 76 ss 66 m, 67 r __ a:Lc A= oEs rR 68 XDEEP X Ri CPBOX CULVERT @ 0.07/. 1 / )350 ➢ROPOEL fT ➢ _ _ T Y2110 T °uvv s EE - 62 5 OE 3+00 S89°04'28"W 591 52 5E O 4+00 PROP ➢L5'IEEP P/CPDXCULAERT @ 0. 077 87 s UE 5+00 NOOe55' 32' 6+00 5, 50' 7+00 0P e T'e= �1 e. �6555‘ m LT ,Tcn R e Li. ._10A-zT7P 03/ '9\ LR , T 6 R@ 33 1-„V'\/srFTU sFEP e „6ezosz� nnT, as, PE'L' /cea —‘3-P ➢sBEEP Oh �PR DEEP— 2=cuLvcR @ ooTi- \ zs/CULVERT oT�CLLVERTo}oTrl\xv ,r 13 2C 35 30 25 2r00 3+00 PROFILE - LADY AL EX DR. 4r00 TC LT @0 5r00 6+00 �5005532E 7, 0' d a�Lv OR N S 7r00 IL LT P. RT @ 0. 3'% 8 TOD 1-1 N89°04'28"E 1018.30' RHAEGAL ST 8,308 Fl 28"1.4 I110,33 9r00 35 30 25 20 20 P TCBOXX CUL ➢VERC @ 0. PROFILE - DROGON CT/S4 O 6 30 29 528 31 1 2+00 3+00 31. PL nnL n4 00 ERT xx.o TG LT 'x KT @ 0 3% POP DDL BOX CULVERT B@ 0. -P RZc TLn -(10 X aq s DLL PER�NE,ER DIMENSIONS, FULL PERIMETER =B WALL TO ACT AS FORM VERTICAL HEIGHT = OVERALL EXISTING IBn BOX c[F,Em 3 EACH NO. 4 DEFORMED BARS CONTINUOUS PERMETER AROUND BOX WITH 123 OVERLAP P R/C COLLAR 171-1) WOE LONG (OVERALL DWIENSIONS, FULL PERIMETER OF JONT) PLAN — R/C COLLAR AT JUNCTION OF EXISTING DEEP X 10' R/C BOX CULVERT WITH PROPOSED DBL 5' DEEP X 7' R/C BOX CULVERT NTS cuLUERrs OF POE SECTION A — ANTS PROVIDE TWO EACH 63 LONG NO. 4 DEFORMED PAR �CUL CULVERT AS SHOWN.PAFT EPDXY GROLAEDMICALLY IN IN PEE TPa/c x BOY WLVERT SWAMP DETENTION CALCULATIONS UNIT 10 FLOWS " FIGH-0V FLOW 5+00 6+00 7+00 8+00 9,00 'LT AnO NG 35 IL 30 25 20 PROFILE - RHAEGAL CT/ST 25 20 BASS & WELSH ENGINEERING PUBLIC IMPROVEMENTS 40 KING'S LANDING UNIT 10 CORPUS CHRISTI. NUECES CO.. Tx PAVING, GRADING AND DRAINAGE PLAN AND PROFILE, SWAMP oar scoF aTE TLO,ED o:/Ovss cop. No RsO1 As POR JOB NO ,21 12 133HS No a3nNUN0 Os+L G1S 3Nn HE VW o a" --- "sao E — _ _ os�o aGw a og6mm wok pi R "al aso� o 'I _q w z - a^mod mn o R $I r N I oml� p 4 -I .+ •o's a: pd00 p mm. . r.< s�•. . /f I V���:p _ ppv�nM1e��� •r o. m o $9 CC ld o o d� m " zm ffi^ ry i *NRu xz, n. mo PIII III s n v,�0, 3 a. MATCH LINE STA 9+25 " CONTINUED FROM _ PREVIOUS SHEET saa°ss 3z•E bo.aa _ uz�, li vx a x N"ux. 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LP 5 LP 5 LE TLAPV N89° 04' 28' E 1018. 30' 15 EE 29 28 26 25 24 25 VP PNAE6AL ST 23 25 22 21 DROGON SI 32 29 28 10 EV° 0 W 1 0.32' 16 25 ,, o�No 19 20 20 BASS & WELSH ENGINEERING PUBLIC IMPROVEMENTS TO KING'S LANDING UNIT IO CORPUS CHRISTI, NUECES CO., Tx STREET SIGN AND LIGHT POLE PLAN mg maE se�G Ga om \ oe aog� ySffFFwww}JJ��;�r , o v>i�z �YQo - tea _ a�ue355p 8 m r a moo° aaa p w most s oas`r PH oi�rv" �o. osoJa p Soo cbm o aj ;: -xati �� 000nx �4 G 4Q =3\4/rc m`a£ NO tn r m Qx d V3 0�o Gmm ry` �o e V 10 ° �o-H _«eCL � 5 — a �� � s mmw no _ o:w off„ �4 �o \ -- , d a �o o6NN � o �w Qoy H, A o �¢oE�o 3zMW J s mwoi oa. a 'so mg=m"�o ��r E A-H 0 ;.a 4 § g 3 l 0 daor d aou Viz` omeYoo� -�` § Uu a p u gq zEL�g 3 8 °�o =0 2 \\ axaa asn<g a < m� < p 11 11 ` m s 411111,01 nam3 WE ' yx o -4 o�u p� ¢ ooa eo F of oo'o° G wI ter.. \� 2 6 $¢a pw= 51zisL e�Wwoa� .off ao= ., £Y o may¢ Y'omg=wo �m \� G5 t G5 4 E p oh ENE§ wM �do ooemo�'-i sNw s§ ,`mow�so�4:� ry w�.,63�aaG W4o�EYa ao§ a°,. 1ppt!y Isfl mho a i i, z m I vid CONTINUED ON FOLLOWING SHEET N CONTINUED ON FOLLOWING SHEET A MATCH LINE STA 9+25 MATCH LINE STA 9+25 m III of 4 n �06 - of 11 o III _ j 0 Z P IIN - 0 Ex¢N w m e gp� Sa N Lj IT OF bo OFaN III III 9 0 0 6up z m ozoi III III & _ III IIN _ .,�� III IIN d IIN N b a a a m TIT nb- 7., JI dz ask Il p 0 d^ Jr \ o \ + - roN N F l - II O II a Ih III d �mp NO]°00'23'W 589,00' Do, No.2,I O]y_ 10ii m g�'o <0vt� ' .�, +�-p v.z,v.zz SHRu xx.n mO u n O Vma. 3M i R t 32'E 60.00 a F U J — ----- — -- -- — — N RE ➢ ➢Y4 T-1 F--j I q - � I I I la I 0 I Om _ I luo lay� I - II I - 77 I I � El p p LL CJ N n III 'm N M N o III N III N �= o c u _ III III r III W III III _ III n M u Elv 1 IS ��n�tcw�IN���®I�F7�M NI �� FE� 3 —t6S B cED,- k8 FIE 3S. �Z DO FE.-- -t- GET." R--R .... . . . CE CONTINUED ON FOLLOWING SHEET CONTINUED ON FOLLOWING SHEET ' MATCH LINE STA 9F25 AlCH LINE STA 9125 IS ih 81 IKE-. 0 LAUL AL—DR DO II f F 17 OF T/ I 1E OF o — NO)'00'23'W 589 00' NEIRI-1 OF 6 11 A'H-T no, NO z,13 I 10ii MPM DEVELOPMENT. LP GUADRILLA 1R7,141107:1110419:,11..,,MY,151,11,0EGES GO, „X. 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Box 6397 Corpus Christi,TX 78466-6397 12/24/2024 Kings Landing Unit 10-Cost Estimate WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 590 EA 112.00 66,080.00 2 12"CROSS 2 EA 2,500.00 5,000.00 3 12"CAP TAPPED FOR 2" 1 EA 1,120.00 1,120.00 4 12"GATE VALVE WITH BOX 2 1 LF 1 5,300.001 10,600.00 5 6" EL,ANY ANGLE 4 1 EA 1 1,100.001 4,400.00 6 6"GATE VALVE W/BOX 4 1 EA 1 2,000.001 8,000.00 SUBTOTAL $ 95,200.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 10,472.00 CONTINGENCY(7%) 6,664.00 BOND(2%) 1,904.00 TOTAL $ 114,240.00 Page 1 of 1 EXHIBIT 5 Water Arterial Transmission & Grid Main Construction Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $114,240.00 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $114,240.00 to reimburse the developer in accordance with the agreement. (District 3). City Council April 8, 2025 Location Map N a. Legend Water 0 250 500 SUS Feel Location Map Kings Lending Unit 10 wmoim xm mao�r: jws �r� 2 Total Reimbursement Estimate Kings Landing Unit 10-Water Cost Estimate 12/24/2024 WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12"PVC PIPE 590 EA $112.00 $66,080.00 2 12"CROSS 2 EA $2,500.00 $5,000.00 3 12"CAP TAPPED FOR 2" 1 EA $1,120.00 $1,120.00 4 12"GATE VALVE WITH BOX 2 LF $5,300.00 $10,600.00 5 6"EL,ANY ANGLE 4 EA $1,100.00 $4,400.00 6 6"GATE VALVE W/BOX 4 EA $2,000.00 $8,000.00 SUBTOTAL$95,200.00 ENGINEERING,SURVEYING,&TESTING(11%) $10,472.00 CONTINGENCY(7%) $6,664.00 BOND(2%) $1,904.00 TOTAL$114,240.00 Trust Fund Balance Total Combined Committed Trust fund balance as of 02/28/2025 is overcommitted by approximately $2,625,000 At the end of FY24 the funds were over committed by $11,184,923.57. However, as part of the FY2025 Adopted Budget Development, City staff recommended, and City Council approved a CCW funds transfer of $9.21VI from fund balance to make the Trust Fund whole ($1.8M from Water and $7.41VI from Wastewater). The following project approvals contributed to the over commitment: Project/Developer . . . Royal Creek Estate 7&Amendment(Water) $219,096.24 River Ridge Unit 4(Wastewater) $2,624,738.59 Royal Creek Estate 8&Amendment(Water) $374,023.38 Saratoga Ridge Subdivision (Wastewater) $4,131,000.00 Caroline Heights Unit 1 (Water) $27,608.55 Merida Plaza (Wastewater) $1,274,863.04 Westwood Heights Unit 4(Water) $36,731.71 Haven (Wastewater) $1,978,937.16 Oso Creek Corner(Water) $514,522.75 Royal Oak South (Wastewater) $365,028.94 Queen's Crossing Unit 2 (Water) $285,914.93 Royal Oak South (Water) $141,108.94 King's Landing Unit 5 (Water) $131,833.90 King's Landing Unit 9 (Water) $131,835.50 Saratoga Ridge Subdivision (Water) $899,000.00 Azali Estates Unit 3 (Water) $136,870.31 Starlight Estates Unit 8(Water) $393,888.30 Kaspian Unit 1 (Water) $1,245,538.00 Trust Fund Balance If City Council approves an additional 2 requests it would result in the fund being overcommitted by $2,625,000 The following projects approvals make up the new over commitment: Project/Developer . J 0 King's Landing Unit 9 (Wastewater) $77,285.28 Waldron Subdivision (Wastewater) $524,660.00 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. O gig M M IER ME-E e��w Nm 75E ' KINGS LANDING UNIT 10 i � Y WUIZitiI ' 5 o i , Legend Water 0 250 500 US Feet Location Map PROIECT LOCATION �. i Kings Landing Unit 10 Proposed Water Improvements j air � se GO � O� A v AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 04/08/25 /NOHPR PZ E 1852 Second Reading Ordinance for 04/15/25 DATE: April 8, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3(a)cctexas.com (361) 826-3596 Wastewater Trunk Line Construction and Reimbursement Agreement with MPM Development, LP for wastewater improvements for King's Landing Unit 10 CAPTION: Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $102,830.40 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $102,830.40 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 24.61 acres of single-family residential homes with approximately 103 lots to be built and is requesting funds to construct the wastewater trunk line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $102,830.40. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 24.61 acres subdivision named King's Landing Unit 10 subdivision located north of Lady Alexa Dr and Lady Claudia St intersection. The plat was approved by the Planning Commission on September 20, 2023. The wastewater improvements consist of 273 linear feet of 15" PVC pipe. The allowable reimbursement amount is $102,380.40. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk Line Construction Standards. The project is eligible for reimbursement from the Wastewater Trunk Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate the development of the new King's Landing Unit 10 subdivision development. An alternative to utilizing trust funds to construct the wastewater trunk line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the wastewater improvements is $102,830.40. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager for the FY2025 budget up to $102,830.40 to reimburse the developer in accordance with the agreement. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $102,830.40 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $102,830.40 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023, to develop a tract of land, approximately 24.61 acres known as King's Landing Unit 10 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 15-inch Wastewater Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement from the Wastewater Trunk System Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Sanitary Sewer Trunk Line Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development ("Developer"), for the extension of a 15-inch wastewater trunk line, including all related appurtenances, for the development of King's Landing Unit 10 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. Funding in the amount of$102,830.40 is appropriated from the No.4220-21800- 777 Wastewater Trunk Line Trust Fund to reimburse the Developer for the construction of a wastewater trunk line, and improvements in accordance with the Agreement. SECTION 4. The future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the No.4220-21800-777 Wastewater Trunk System Trust Fund until $102,830.40 is appropriated in accordance with Section 3 of this ordinance. SECTION 5. The City Manager or designee is authorized to appropriate $102,830.40 from the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the wastewater trunk system construction and improvements in accordance with the Agreement. SECTION 6. This ordinance takes effect upon passage. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER TRUNK LINE SYSTEM CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023 to develop a tract of land, to wit approximately 24.61 acres known as King's Landing Unit 10 Subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 1 of 12 a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Kings Landing Unit 10 - Wastewater Cost Estimate 12/24/2024 SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 273 LF $195.00 $53,235.00 2 FIBERGLASS MANHOLE 1 EA $20,000.00 $20,000.00 3 DEEP CUT CONNECTION 1 EA $10,000.00 $10,000.00 $83,235.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 TRENCH SAFETY FOR EXCAVATIONS(SANITARY 273 LF $9.00 $2,457.00 SEWER AND STORM SEWER PIPES OF ALL SIZES) $2,457.00 SUBTOTAL $85,692.00 ENGINEERING, SURVEYING, &TESTING (11%) $9,426.12 CONTINGENCY(7%) $5,998.44 BOND(2%) $1,713.84 TOTAL $102,830.40 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 2 of 12 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements is $102,830.40. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $102,830.40 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 3 of 12 completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Trunk System Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Trunk System Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 4 of 12 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 5 of 12 c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 7 of 12 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 12 of 12 EXHIBIT 1 oso caEEr PLAT OF oFTEAAs KING'S LANDING UNIT 10 COUNTY or NHecesH A FIR, AN, FORTNENNGEV / \ o Soo 1000 z000 /C SCALE =PER' IN IF 14, AS SIOWN,THAT STREETS ANN EISEMENTS AS SHOWN USEE BEEN HERETOFORE 4 �DTHATT ATwA�MOEFoR,„EpEIpoDEsoFpEI T,oNANppEo,�„oN CORPUS �CHRISTIA���NUECES COUNTY, TEXAS ����� ��� N THIS THE DAY OF R— BASS & WELSH ENGINEERING z3 Tx SURVEY REc. NO D54 S, AIR Tx ESTR ET, = °ASITE" REG. NO F-52, 3054 S. AIR AS STREET, SLE E MANOR MonACHATSI,GENERAL PARTNER CORPUS CHRISTI, TEXAS 78404 EET of IBlF IT TE OF FCONA COUNTY OF o VETNIECES EFORE ME RY MDssA SAIIIAs cENICAL ARSER, IIT A��E�N T TIE T SEA T RAll oiANUT ATINAIIA . R NER OF MAIM DE LOAMEN.LY. LEGEND: rJ B A �� L� RR THIS TIE RAFF OF 2D DE DRAINAGE EASEMENT NEF.UIS D.R. 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THIS INSTRUMENT was ACUNOWLEDGED BEFORE ME B (NAME). I HE TO OF AREA 010 C FEE FACT RECREATION TIE 3, THE ROSS OF THE STRTE IF TE;:I FDR STATE OF TExRs GAS,9sa. BEARINGS IS THE STATE of TEXAS LAMBERT GRID,SOUTH ZONE, NII UILI N AND COUNTY OF NUECES AD3ssC.10IG(10/13/2022i.IN FEMA GONE U.OTHER AREA,MAP NO, PORTION OF A 130.90 ACRE TRACT, CDC. NO. 2019051492,O.R., A PORTION OF SURVEY 139, ABSTRACT 5EE, SAID SURVEY NAMED CUADRILLA IRA]GAT]ON COMPANY, NUECES CO. TX, MPM DEVELOPMENT, LP _Zxxs'UE, DEC. NO. S00°55'32"E 5'UE. DEC. NO. - N89°04'28'E 592.70' - 7.50' N89'04'28°E 1018.30' �xx. ❑.R. - - - _ - - s.GB' - BE.08' sue 63-oa- ?s.oo.� 375 37.5 - 756-35'ALOE 14E.26 90.44 E a.T8' 58.0005'UP 59.00' 60.00' 61.00' 0' S� 9968 IF 80 m 2 4 3 4 E01 9138 SF 81 82 83 84 5918E SF 820E SF 1'B SF 9139 SF6552 SF 66E0 SF 6E85 SE - D90N SF SF�N� R, 25YR 10273 SF p9 3E.5' .3 5. 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Oa.5'EE / y v+ 4 E E E9 2E _o I 32 ql 30 �� 28 0 26 W 09 E 9150 IF e]3 IF E60A SF 9102 IF 9898 SF ] SF E84E SF IF 8113 OF 246 IF w E5 J4 to ZO 2 990]SF 9093 SF _ O13 N r O E E5.00' 6E.00' 300' E5.00'� 0 _ 90.3 IS UE - 60.00' E 61.00' 62.0 3.FT 146.92 _ - 58.00' S9.00' - -- -- -58904'BeW UE - - -509°042R'8 - - Z E 5'U W O o IF F £ 990] IF 9092 IF 3 5 6 _ E CJ 9150 SF 0168 SF E686 IF 9102 IF o f o 82521 SF 6432 IF G549 SF 6660 SF 6EE1 SF 6882 SF o 0 W oA EI III SEs`� 25j \ Flo O 25'YR Pl 25'YR - 3E.5' 3E.5' m 1 o-9/ �q. 10202 SF T� 5'EE 00' N E5.00' S'EE 6E.00' 6REVJ D63S 0'- 60.00' 59.EB' S8.00' SEE 59.0 60.00' 610_ N� - sag 04'28'W 2E9.]1 - S09°0a 28'W 1020 RE YJ ov ST o N88°56'5- © - - - - a0 - - Nag'OaIS 111 83 - - r 98.56' N-0a28"E 0-02' - ti EG ti N N-C4'28'E 1010.33' N89'04 28"1 2E9.11" A E - 85.OB 6E.00' 5 EE 63-00' 60.o0' s9 Eo-' sFE sa 0o s9.U0' 60.OU' 61-UO�s EE 6z.00' 63.00' 63 F � 3F.s 3E.s F s 1 azo1 S ip� 25'11 o 'vR s9 Os.5 EE 2 Y� 60 59 58 5E '0 3 29 20 2E N 2 9P 91R8 SF 8208 SF EE18 SF 9139 SF n 952a2SF a24 SF E552 SF E680 SF o E808 SF E936 SF 26 -F 20 9922 IF 9139 SF O O 4 o5'UE 145 E5.0 ES' - 5 . 5?11L- - - 0 5'UE S89°04'28" 51 5 53 54 55 S 2 3 4 5 12 K1N6'S LANDING UNIT 9 N00°55 50''32'W 5. KINo S LANDING UNIT 9 A .x, P. xx meu xx. N.R. v.x. P. x THOU xx, N.R. CURVE DATA 0 25 50' 111' © T � scAEE.r=50' D=90'00'00" D=48°45'01' D=56E°30'03' D=48'45'0]' D=90'00'00' p R=15.00' R=35.00' R=56.00' R-15.00' - Yi T-e3 5 L-29 7a' -zii'zz' =e3.3e' - KING'S LANDING UNIT 10 55 E CB=N64-m'SE'E D�oo-ss32'E CD=N66'33'0rw G W CORPUS CHRISTI, NUECES COUNTY, TEXAS CH=21.21 IT A 89' CH=E3.85' IT A 89' CH-21.2] BASS IS WoLSo E oGIN ENA EERIN7 -"TN COATI ON OF A J30.570 ACRE TRACT, ➢OL. NO. PORTION OF A 293.04J ACRE TRACT, 2019051482,O.R., A PORTION OF SURVEY]39, DOC.NO.2019p39B6. O.R., A PORTION OF SURVEY ABSTRACT 577, SAID SURVEY NAMED CUR➢RILLA 139, ABSTRACT 577, SAID SURVEY NAMED 5 IRRIGATION COMPANY, NUECES CO..TO, CUA➢RILLA IRRIGATION COMPANY, NUECES CO. TX. MPM DEVELOPMENT. LP MPM DEVELOPMENT, LP 5 HE, noc.NO. N89'04'28"E. 180.00' � c N89°04'28"E 1018,30' UU' °R� _ 120.oo' o Dy - - - - - - - _ TO 64.00' 67.00' 65-p0 62.00' 65.oo-5'HE 65.Oo' 6�sz u� 593o sF 62.00 63.00' S'UP 65.00 66.00' �o O I' ]4 S89'Oa 328'W 3.4 Ym 116 3' 6 _ 7 8 10 T4 ]13 hs 42 1 n N 7245 IF 73s0 SF 74759 SF 75'I SF 7705 SF 752 SF 30 OF 7a75 SF 7475 IF N 7563 SF I^d 3 u 11 581E IF 20 cn1 Z 1p �z IF �°�-8, 104 W 42,N oN a9-oN svR 116. C ml.oY ��10 N 43 0 20 d 62.00' =3.Op' 64.00' S'EE 65,00 66.00' 67.00_ 65.00 62. 65, O m vN _ - -- cn IK 5823 IF �1 1 N 2 589'04'28'W 1001.10' £1cn A S89°04'28'W V`I IN N FE n - - - �_ n 11550' - -N89-04�28FEI N1100498' ti N89'04'28'E IDIP.89' �p plw 6859 SF - 62.00' 60.00 5'EF 64 06- 65.00' -66 p0 67.a0' gip.oo 52 00 s EE 68.00' �s oo' 53.16' seE°o4'1e'w C 25'vF 2S YR o ll6.6]' Fp 25 OF 27 26 25 24 3 22 F 21 20 18 ]7 p L I 1 20 oN 8379 SF 8512 SF 8645 SF A77A SF 891]S 931O SF R2a6 SF 9p44 SF 9975 SF 9698 SF O 10'vA UE ]0'YR/UE S89°04'28"W 105.46' _ DRIP WORM DRIVE - J w N89° '28'E ]50 O . 0' 5'UE 62.00' s3.00' s4.OCT 65.00' 66.00 67p'.O 70 DO 62.00 68.00' S'UF 75.00' 75.55_ O N89'04'2- 105.00 _ _ E 'YR/UF - -589'04 228 V - 5'UE 5'LE 0 0 31 40 O 1511 IF ]2 IF 13 14 15 6 10 ]] 83JR SF CT 6 N DEC7 SF 7]08 SF 721E SF 73F6 IF 7437 SF 7770 SF 6882 IF 754R SF 8325 OF p V o S89°04'28"W 00 120 00 0 38 25 R o 6600 IF of ST 62.00' 63.00 64. 5'EE 6 00_ =6.00 67.SP 00' 70.Op' _20_ 00' 'EE 75. 60.55' O g9p4'I. 28"W 0 CC E89"04 A- 102D 333 ti ti eeE v2jov 51 ��0 42 . ro 37 - - - - - NR9°04' "E ] 7.83' - - - - - 000 SF 51 C F'l in in v = c� N N89'04'28'E ]020.33' OA f mW < 65.p0' 66.00' 67.00 70.OR 62.00' SEE 68.00' 75.00' 60.55 zo o��O �� -62-00' 6300' S EE 64.p0' s vRzsvR ~ 25 8576 SF 896p SF 7936 SF B70a SF 9GOO SF 9622 IF WI A 6000aSF of 35 2 26 192 SF RICO SF 6448 IF �� 8064 IF R SA91 o2" 2g"w ^ p.Co' 0W ow oN oN o 0 0 62.00' 63.00' 64.00' 65.00' 66.10' 6Z 00' 70.00' S'UE 6S 00'_ 68.00' _ 75.00' _ 75_ �u 1 34 - - - - - 3p' 3p' woo Sr of s'UE - - 89°04'28 W 11]0, 33'- 5'UE , 15 6 7 8 9 10 ]1 12 13 ^ 16 9 2 � 33 O n An r1NG'S LANDING UNIT 9 N00'55'32' A v x, P. ADTOFU- M.e. KINGs LANDING UNIT S89'04'29'W 20.37' v.x, P. xx THOU CO, M.R. Tao.oa' 0 25 50' 100' SCALE r=so' - 20 FO OG o'47" D�--oe•23'oR' D�--9R"23'm' DQ--e1"6as3' D--oa°z3'm' DA--os°3o's4' D--a7"m'aa' KING'S LANDING UNIT 10 D=9-0'00, - D=pS°42'21' - /� p� R=150O R=35251' - - R=1500' R=1500' RS90.00' RSS0.00' R=15.00' CORPUS CNA ST, NUEIiES CDUIVTY, TEXAS T-"Do' - T=17 s7' - - - - T=21.26' - T=14.2T L=23.56' L 23.56 L=35.1]' 6249] F L 42.44 L 22.81' CBS45'S5'32'E CD S-04 2R"W CD=S06'25' 1 E C-0214 O- CD 0a 5 W 4 6 6 2 9 W BASS �.' WELSH E OG NE ERN G N�3 IT 2]' CH-21.2J CH=35.09' CH=16.49 CH=42.77 CH-22.71 CH-19.s1 CH-42.40 CH-33.68 CH=20.6R 11 - _ L EXHIBIT 2 f - _ UD_C Agreement Application Date of Application: 2-4-25 Type of Agreement Requested: Deferment [ ] Reimbursement [ ] Participation [ ] Approved Plat Name: Kings Landing Unit 10 (PL7963) Public Improvement Type: Waste Water Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $102,830.40 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Pox 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature &Title Submit Application Electronically to: con tractsandagreementsO—cctexas com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 o—z as once � o ao G 1 �9 o a o it , hill o"y c o 2€ "�k_5` 4 o E " did fib. a u En of SA N "z d 9 1 01 o o� � ., e _ � � 8- �Yak = aCOLDall hid�JII o AT isd 5 - _ MOO o � !E ! i 11 1 e< oa d�o - ma � �1oEs a o _ p � x .eu�G��o" e e 4 P. 1 PV1 ma- W !1 1N wu ON�e a e q�§' § I - a s o _ §oV W 4z § o - Ea - r s s � o �- u s1 lidqy His! go -- h 4 , - z�3ooia.ddsi' d ill I _$`m; sp""§ " 8¢a o pd s ¢t Y - - W: &I!M 11 — p s= a = G �aw poG - <"s= a -w p§am'� a��=o� 3 �aew§ ' -oe���e� d ; �6_= 3,,,��,_s��3"as., aQeW#"§`s= �,§ oo�! 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's ,..... . , I o J P � Z moo 0 6 _+ o I F,L r s�Z Za�Pa. O d EEz N E - Q� I o �o I w+ i Q¢ 0 0 I � J wlry I UCJ ao PO da o0 e 17ION OF III 11-11T"I Rale Tz wPw EIIELOPNENT.LP W CENT]NUE➢ ❑N EOLLowING SHEET �c Ja MATCH L3 NE STA 25+00 O In In �~ amo �sl O zll / x A CASE BLACK R➢ (F1111E, CASTLE BLACK RO. t)f1 FEB _ ,CL PROP iOE MPORAR`�➢ITCH O O �Z waZPd e a N� O rc1111 LANDING W N 21 vz P xzNR o o ax N e L _ I i / 0 CENT NUE➢ BELOW MATCH LINE STA 14+00 SN I SE In O In z p _ + JZ i O I ¢ 6 ¢ - O O v O I CT I� I O O m - o 0 d I Oi I 0 z ~ zl z I aT 13 O O TE + LU m I ? I z � .Aes•o<e - � I Q � a I o o aL z 0 o I 0 II s s m_ III, -J.O bT L Z I � SL r Z i Z � O O I 9Nt� baNd) J�P6 � li a OS+L ALE 3Nn H3i1W IC' A 133HS Woa3 ainNIiNE7 _ h I 0 I of 0 O QO 0 0ALL VIC 3NII H3i1W 00LC[ AiS 3N1I H3ib'W E issHS woa3 a3nNIiNEc 3noad woa3 a3nNIiNO �' i FE EF EF EF EF i Ii � ss m a - o o ` -- \�� j gew��Pb \ o �\ o - o I I _ f I - o I gyp° z y xoa u 6� IF EF EF ¶VT o I i 0 i MATCH LINE SiA 25*00 CONTINUED FROM PPEV30US SHEET i o iz of Ni i R i 9+ o 0 IT MATCH LINE STA 25+00 CONTINUED FROM PREVIOUS SHEET 6 Willi EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 12/24/2024 Kings Landing Unit 10- Cost Sheet SANITARY SEWER ITEMS ITEM IDESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 273 LF $ 195.00 $ 53,235.00 2 FIBERGLASS MANHOLE 1 EA $ 20,000.00 $ 20,000.00 3 DEEP CUT CONNECTION 1 EA $ 10,000.00 $ 10,000.00 $ 83,235.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER AND STORM SEWER 1 PIPES OF ALL SIZES) 273 LF $ 9.00 $ 2,457.00 $ 2,457.00 SUBTOTAL $ 85,692.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 9,426.12 CONTINGENCY(7%) 5,998.44 BOND(2%) 1,713.84 TOTAL $ 102,830.40 Page 1 of 1 EXHIBIT 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. MPM Development, LP 2025-1264898 Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/04/2025 being filed. City of Corpus Christi Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Kings Landing Unit 10 Waste Water Reimbursement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Mostaghasi, Mossa Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mosea (Moses) Mostaghasi and my date of birth is 04/23/1983 My address is 8017 Bar Le Doc Corpus Christi, TX 78414 (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, State of Texas on the 4 day of February 2025 (month) (year) Signatu4Ff atoKorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.5dd2ace2 Wastewater Trunk Line Construction & Reimbursement Agreement Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $102,830.40 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 10 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $102,830.40 to reimburse the developer in accordance with the agreement. (District 3). City Council April 8, 2025 Location Map N 'I r - Legend o zw soo wascewa�K pus Fe«i Location Map Kings Landing Unit 10 2 Total Reimbursement Estimate Kings Landing Unit 10-Wastewater Cost Estimate 12/24/2024 SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 273 LF $195.00 $53,235.00 2 FIBERGLASS MANHOLE 1 EA $20,000.00 $20,000.00 3 DEEP CUT CONNECTION 1 EA $10,000.00 $10,000.00 $83,235.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL TRENCH SAFETY FOR EXCAVATIONS(SANITARYSEWER AND 1 STORM SEWER PIPES OF ALL SIZES) 273 LF $9.00 $2,457.00 $2,457.00 SUBTOTAL$85,692.00 ENGINEERING,SURVEYING,&TESTING(11%) $9,426.12 CONTINGENCY(7%) $5,998.44 BOND(2%) $1,713.84 TOTAL$102,830.40 Trust Fund Balance Total Combined Committed Trust fund balance as of 02/28/2025 is overcommitted by approximately $2,625,000 At the end of FY24 the funds were over committed by $11,184,923.57. However, as part of the FY2025 Adopted Budget Development, City staff recommended, and City Council approved a CCW funds transfer of $9.21VI from fund balance to make the Trust Fund whole ($1.8M from Water and $7.41VI from Wastewater). The following project approvals contributed to the over commitment: Project/Developer . . . Royal Creek Estate 7&Amendment(Water) $219,096.24 River Ridge Unit 4(Wastewater) $2,624,738.59 Royal Creek Estate 8&Amendment(Water) $374,023.38 Saratoga Ridge Subdivision (Wastewater) $4,131,000.00 Caroline Heights Unit 1 (Water) $27,608.55 Merida Plaza (Wastewater) $1,274,863.04 Westwood Heights Unit 4(Water) $36,731.71 Haven (Wastewater) $1,978,937.16 Oso Creek Corner(Water) $514,522.75 Royal Oak South (Wastewater) $365,028.94 Queen's Crossing Unit 2 (Water) $285,914.93 Royal Oak South (Water) $141,108.94 King's Landing Unit 5 (Water) $131,833.90 King's Landing Unit 9 (Water) $131,835.50 Saratoga Ridge Subdivision (Water) $899,000.00 Azali Estates Unit 3 (Water) $136,870.31 Starlight Estates Unit 8(Water) $393,888.30 Kaspian Unit 1 (Water) $1,245,538.00 Trust Fund Balance If City Council approves an additional 2 requests it would result in the fund being overcommitted by $2,625,000 The following projects approvals make up the new over commitment: Project/Developer . J 0 King's Landing Unit 9 (Wastewater) $77,285.28 Waldron Subdivision (Wastewater) $524,660.00 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. �4 if I. �I �j f KINGS LANDING UNIT 10 w d � a , L J• _ W Legend ,,_- 0 250 500 Wastewater US Feet Location Map PROJECT LOCATION / Kings Landing Unit 10 Proposed Waste Water Improvements ID al' � ! Developer Trust Fund Worksheet FY 2025 (Finance Provided and Development Services Reviewed) Starting Cash Balance Table#1 (Entered per GL at September 30 of Each Fiscal Yeah Water Adenal Water Distn button Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management( System COIIecBon Line (Cash Management( Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Fund:1805 Org:218H Org:10830 ore:21800 Ong:21801 ore:10830 Org:.20 Account:21M20 Account: Account:250410 Account:250420 Account: Account:209010 $ 43409.64 $ 113 111.82 $ $ 3380284.33 $ 220744.13 $ $ 3 558349.92 Annual Revenue Table#2 Entered per Period from GL Entries Post-Book Closing) Water Arterial Water Trust Fund Sanitary Sewer Trust Water Oisfnbugon Sanitary Sewer Trunk Sanitary Sewer "Ortlinances approved basetl on Transmission&Gritl (Cash Management( (Cash Management( Main System CollecBon Line appropria8on of future revenues. Main Funtl:4030 Funtl:4220 Period Funtl:4030 Funtl:10 Fund:4220 Row Totals Items listetl in Workbook refecf Funtl:4030 Org:10830 Org:10830 actuals, Org:21805 Org::33 Accounts:340900& Org:21800 Or1:331 Accounts:340900& Account:330935 Account:33093] 340995 Account:330931 Account:330933 340995 October $ 21346.16 $ 7,2T.40 $ 250.99 $ 21015.52 $ ]004.92 $ 7,026.79 $ 63,921.78 November $ 27,105.98 $ 7,10162 $ 5,369.98 $ 27,857.10 $ ]1]329 $ 38,82971 $ 113,437.68 December $ GI,W541 $ 36,819.88 $ 4,88149 $ fi6,847.33 $ 13,658.12 $ 36,481.53 $ 220,053.76 January $ 91]46.82 $ 22,14947 $ 5,01670 $ 114,25228 $ 24,]33.01 $ 33,8%53 $ 291,794.81 February $ 74,237 31 $ 11,88642 $ 5,11938 $ 80,215 88 $ 14,10201 $ 25,11249 $ 210,673.49 March $ April $ May $ June $ July $ August $ September $ Revenue T—le Inc.Inl: $ 275801.68 $ 85234.79 $ 20,638.54 $ 310188.11 $ 66671.35 $ 141347.05 1$ 899881.52 Annual Transfers Table#3 (Entered per Period from GL Entries Post-Book Closing) Wale,Artenal Water Diem bu8on Wale,Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management( System C.iiecgon Line (Cash Management( Pe,iotl:FY25 Main Row Totals tl:Fun 4030 Funtl:4030 Funtl:4030 Funtl:4220 Funtl:Z. Funtl:4220 Or 21805 Org:21806 O,g:10830 Org:21800 Ong:21801 Org:10830 October $ November $ Decembe, $ January $ February $ March $ Apil $ May $ June $ July $ August $ September $ Trsnshr TOWIs(Inc.ln l� S S $ - S $ S $ FY25 Transfers Table#4 Transfer from Water and Wastewater Funds Transfers in and Reimbursments out of Org 21803 TransmiWatessir Aon&Gritl rterial Water Oisinbu8on Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Penotl:FY25 Main Main (Cash Management( System CollecBon Line (Cash Management( Row Totals Org 21ao3 Funtl:4030 Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Fund:4220 5//2025 https//.rp.sch.st,shampoint com/sd.s/DevetopmentServices/DevelopmentSvcs/SHARED/Legistar/2025 CC Agenda Items/0468 2025/Reimbursement Agreement/FY25 Trust Fund Balences/FY25Trust Fund BalancesFe1,25 FY25 Developer Trust Fund Worksheet FY 2025 Finance Provided and Development Services Reviewed Royal Crack Estata] $ 109,354.20 $ 109,354.20 Royal Crack Estate 8 $ 183,81074 $ 183,810.74 Carolinas Heghts Unit 1 $ 27,608.55 $ 27,608.55 Ow Creek Corner $ 514,522 75 $ 514,522.75 Royal Crack Estates Unit 7 $ 109.742.04 $ 109,742.04 Royal Crack Estates Unit 8 $ 190,21264 $ 190,212.64 Queens Crossing Unit 2 $ 285,914.93 $ 285,914.93 Kings Lantling Urd 5 $ 131 833.90 $ 131,1133.90 Saratoga Ritlge Subtlivisioa $ 252,5%25 $ 252,556.25 River Ritlge Unit4 $ 483,]34.84 1 $ 483,734.84 River Ritlge Unit4 $ 1,801]99.00 $ 1,801,799.00 Oso Ranch UnA 1 $ 11 226.37 $ 11,226.37 Merkla Plaza $ 1 2]4,863.04 $ 1,2T4,863.04 Saratoga Ritlge Subtlivision $ 3,813,17675 $ 3,813,176.75 $ $ $ $ $ Transfer Totals(Inc.In,): $ 1,805,556.00 8 $ - $ 7,384,800.00 $ $ $ 9,190,356.00 Annual Expenditure Table#5 (Entered per Payment from GL Entries Post-Book Closing) Water Arterial Sanitary Sewer Trust Transmission&Gritl Water Distribution Water Trust Fund S ewer Sanitary S Trunk Sanitary Sewer Council Purchase Main (Cash Managem (Cash Management) ent) System Collection Line Ordinance Main Fund:4220 Amounts per LBI repods due to Approval Order Development Project Developer FunFund:4030 Fund:4030 Fund:4220 Fund:4220 Comments Date Number Number Org.21030 Org:21806 Org:10830 Org:21800 Org:21801 Ong:13400 error wAh retention Org:2180 Account:W450 Account: Account:M0450 Account:M0450 Accounts:340900& Account:540450 340995 5/11/2021 32434 234359 River Ritlge Unit4 Mestaghasi l nvestm ant Trust $ 339,20475 4zm-zaaa� 911912023 33171 239739 Oso Geek Corner MPM Deveopment $ 514,522 75 taut eowar 7/23/2024 33442 240P40 Royal Oak South MPM Development $ 3013JI4.86 47J9690 7/2312024 33442 240940 Royal Oak South MPM Development $ 28,723.75 mmnmemsin mis ..11800 113012024 332T1 240831 Kings Lantling Und 5 MPM Davebpmant $ 11]839.91 y.ie 2snude"a"gym 3—,91016 10/29/2024 33503 242106 King's Lantling U n O 6 MPM Development $ 40122629 3�035,91016 10/29/2024 33503 242106 King's Lantling Jri6 MPM Development $ 1]551.37 - 7/2312024 33409 241072 Haven Subtlivision MPM Development $ 1,978,931.16 4o.11803 05.112021 32434 241568 River Ritlge Unit4 Mostaghasi Investment Trust $ 379,0542 yme8�s mace aura 05.112021 32434132897 241%8 River Ritlge Urd4 Mostaghasi l nvestment Tru M $ 3]5,94].38 1An eoNor .8.%4 76 Annual Expense Totals:1$ 632,362.66 1$ $ $ 3,775,995.86 1$ 46,285.12 Outstanding Obligation Table#6 (Entered per Appropriation less Payments to Date) Water Arterial Sanitary Sewer Trust Council Purchase Transmission&Gritl Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer (Cash Management) Ordinance Main (Cash Management) System Collection Line Fund:4220 Approval Ortler Development Project Developer Main Number Fund:4030 Funtl:4030 Fund:4220 Fund:4220 Org:10830 Date Number Fund:4030 Org:21806 Org:10830 Org:21800 Ong:21801 Accounts:340900& Ong:21805 340995 10242017 31279 240835 Royal Cree,Estates Unit MPM Development $ 109,354.20 $ - $ - $ - $ - $ - 11272018 31621 241071 Royal Cree,Estatas Unit MPM Devabpmant $ 183,81074 $ - $ - $ - $ - $ - 05.112021 32434 241%8 River Ridge Unit4 Mostaghasi Investment Trust $ $ $ - $ (0.00) $ $ - 6 2rz117. 10252022 32897 241%8 River Ridge Unit4 Mostaghasi Investment Trust $ $ $ $ 1,529,621.04 $ $ 01.102023 3261 T2and 241554 Carolinas Heghts Unit 1 Cypress Point Capital $ 2T,608.55 $ - $ 0330 - $ - $ 07.182023 33092 241870 Westwood 4aghts Unit Devonshire Custom Homes $ -I$ 36,T3171 $ -I $ -I $ - $ - 1080820231 33121 1 230199 1 Oso Ranch UnA1 Grangef.id Development $ $ $ - $ I 122G 371 $ I $ 5/7/2025 hops HcorpuschdshL harapoint com/sAes/DevelopmentServices/DevelopmentSvcs/SHARED1Legistar/2025 CC Agenda Bem s/0408 2025/Reim bo rsement Agreement/FY25 Trust Funtl Balances/FY25 Trust Fund BalancesFe1,25 FY25 Developer Trust Fund Worksheet FY 2025 Finance Provided and Development Services Reviewed 10.102023 33183 241085 M.W.Plaza Yasin Investments $ $ $ $ 1 2]4,863.04 $ $ 11282023 33219 240835 Royal Gr k7 states Unit MPM Devebpment $ 109,T4204 $ - $ - $ - $ 11282023 33220 24107, Royal Cree 8Estates U nit MPM Devebpment $ 19921264 $ - $ - $ - $ - $ - 12.122023 33243 240975 Ouse-Crossing Unit 2 LSK Development $ 285,914.93 $ $ $ $ $ 01.302024 332]] 240831 Kings Lantling UnA 5 MPM Devebpment $ 13,993.99 $ $ $ $ $ 712312024 33411 246743 Saratoga.tN.Ritlge Saratoga400 Pd.,LLC $ 899,00000 $ - $ - $ - $ - $ - S ion 7122024 33412 241605 Saratoga Ritlge Subtlrvision Saratoga 400 Patlners,LLC $ - $ - $ - $ 4,131800.00 $ - $ - W2012024 33440 Starlight Estates Unit 8 MPM Devebpment 1$ 393,888.30 $ $ $ $ $ W2012024 33441 246054 Royal Oak South MPM Devebpment $ 53,09].14 $ $ $ $ $ W2012024 33442 240940 Royal Oak South MPM Devebpment $ $ $ $ 32,487 21 $ 3,103.12 $ 812012024 33443 Ki,g's Lantling Unit 9 MPM Devebpment $ 131 835.50 $ $ $ $ $ 812012024 33444 Azali Estates UnA 3 LSK Development $ 136,8]0.31 $ $ $ $ $ 812012024 33445 Kaspi Subtlrvision3 Mostaghasi Investment Trust $ 1245,538.00 $ $ $ $ $ 1012912024 335M 242278 Devonshire Custom Homes $ $ $ $ $ 14,4]6.00 $ 10/2912024 33503 242106 King's Lantling Jnd 6 MPM Devebpment $ $ $ $ 4 0,829.12 $ $ 1122024 33%2 King's Lantling Jnd 9 MPM Devebpment $ $ $ $ 77,28528 $ $ 211112025 33572 Wald— Horizon Lud Propetlies $ $ $ $ 524,660.00 $ $ Annual Expense Totals:$ 378086fi.34 $ 3fi731.71 $ $ 8021972.06 $ 17579.12 $ Ending Cash Balance Table#7 ((Beginning Cash Balance(Table 1)+Revenue(Table 2)+Annual Transfer(Table 3)+FY25 Transfer (Table 4))Less Expenditures(Table 5))) Water Arterial Wale,Distribution Wale,Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust TransmissionSGritl Main Kash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 O,g:10830 O,g:21800 O,g:21801 O,g:10830 O,g:21805 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 1,492,404.66 $ 199,146.61 $ 20,638.54 $ ],299,2]6.58 $ 241,130.3fi $ 141,34].05 $ 9,393,943.80 Ending Available Balance Table#8 (Ending Cash Balance(Table 7)Less Outstanding Obligations(Table 6)) Water Arterial Water Distnbution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust TransmissionBGritl Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4805 O,g:21806 O,g:10S30 O,g:21800 O,g:21801 o,g:10830 Org:.20 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 12,288,461.6 81$ ifi2'414.90 $ 20,638.54 $ I]22,fi95.48)$ 223,551.24 $ 141,347.05 $ 12,463,205.43) 5/7/2025 hops//corpuschnstLshampoint co./sAes/Develop.entServices/Develop.entSvcs/SHARED/Legistar/2025 CC Agentla Hems/04.08 2025/Reimbursement Agreement/FY25 Trust Funtl Balances/FY25 Trust Funtl BalancesFe1,25 FY25 Developer Trust Fund Worksheet FY 2025 (Finance Provided and Development Services Revietvetl) Starting Cash Balance Table Enteretlper GL at Se[ember 30 o/Each Fiscal Year Annual Revenue Table Enteretl er Period from GL Entries Post-Book Closin + f ++E.airsa +u,a 2 s v f u+aaae s s s s s s ��x s s sea9�� s Annual Transfers Table Enteretl er Periotl from GL Entries Post-Book Closin FY25 Transfers Table Trans/er fmm Water and Wastewater Funds ns/ersinantl Reimbummentsoutof0 2f803 11-37 E f +)1,fl33.90 E f f E E Annual Expenditure Table (Entered per Pa ment/rom GL Entries Post-Book Closing) 5//2025 nzs zoza M arysianaing uni�s hnpsHcorpusch.sh sharepoint com/sdes/BevelopmentServices/BevelopmenlSvcs/SHARED/Leg;star/2025 CC Agenda fie—/04N 2025/Reimbursement Agreement/FY25 Trust Funtl Balances/FY25 Trust Fund Balanc ..25 FY25 Developer Trust Fund Worksheet FY 2025 Finance Provided and Development Services Revie vetl g nme ui a ��o+dwr� 5/]/2025 hnps_YwTuschnsh sharepoinl com/sdes/BevelopmenlSomice BevelopmenlSvcs/SHARED/L islar/2025 CC Agenda hem1/04002025/Reimbuisemenl Agreement/FY25 Trust Fund Balan.e FY25 Tmsl Fund Balancds-25 FY25 Developer Trust Fund Worksheet FY 2025 (Finance Provided and Development Services Reviewed) Outstanding Obligation Table (Entered—Appropriation less PaVmenft to Date) 21- -2— $ $ 1.—. ,— .M M1.22!255i� I -- $ 71 5 .1. $ 1— 20 NOR ja�!712 ,�LTI I 3.12 $ 1 31-21 1 $ i $ — r-��2.�32 $ M2 $ $ Ending Cash Balance Table Be in Cash Balance Plus Revenue(Table 2)Less Expenditures crable 3)) $ Ending Available Balance Table (Endina ash Balance L—Outstanding Obligations(Table 4)) 21— - 1 Ful: F11: 5IM025 hftp//.T.-h.sh sh..,,.,.t.../sd-ID..I.p.e.tS.rv,.esD..I.MentSv.s/SHARED/Leg,st.,/2025 CC Agenda fie—/0408 2025/Re,.1,..e...tAg—..WFY25T—t Fund Bal...s/FY25T—t Fund Bel...e ..25 FY25 Developer Trust Funtl Worksheet FY 2025 (F/nance Prov/tletl antl Development S—kw R,,iemd) Starting Cash Balance Table EMeretl p,,GL at Se mmber 30 of Each F/scal Year Annual Revenue Table EMeretl er Periotl hom GL Entres Post-Book C/osin Annual Transfers Table Enmretl er Pe,iod hom GL Entres Pa Book C/osin FY25 Transfers Table Transfer from Water antl Wastewater Funtl, rans/ers m antl Reimbursments ouf of Or 21803 Annual Ezpentliture Table EMeretl er Pam m fmm GL Entries Post-Book Closin 1-2 5i E•psP rcnrpusc n s ampocin com s es eve opmen ervme ev opmen vc egi ar 1 gen a--aw_ eim ursemen greement/FY25Tmst Funtl Balances/FY25Tms1 Funtl BaI--Dec24 FY25 Developer Trust Funtl Worksheet FY 2025 (Finance Provided and Development Services Reviewed) 5/7/2025 https_//mrpuschnsli sharep—t com/sAes/DevelopmentServices/BevelopmentSvcs/SHAREO/Legislar/2025 CC Agentla Items/04082025/Reim bu rsement Ag reement/FY25 Trust Funtl Balanc FY25 Trust Funtl Balan-D-24 FY25 D—I.p.,Trust Fund W.,k.h-t FY 2025 Finance PdL 21jqIlt Slwjlw RlIt—d W )Outsta i...d Intl D..],P b,ig.ti..Table (E—.d P—ro D..) i I—MMIL Rnj�R�o 2�1 EL 1.212. 1212— �42 Ending Cash Balance Table (B.jp,mg Cash B.I.—Pl..R.—(T.bk 2)L.-Ezpmdi—fTbf,3)) E"di"gAIillbll B111—Table (Edig Cash B.1—c.L—0--dmg Ogg.d—(Tbk 4) 5/7/2025 hffp sh..po,.t to./sd.s/D..Iop...tS.rv,..s/D.d.p...tSvcISHARED/LN,sl.,/2025 CC Ag..d.It-104 08 2025/R.,.b—...t Ag—...t/FY25Tmt F..d B.]—es/FY25T.st F..d B.I--D-24 FY25 Developer Truat Funtl Worksheet FY 2025 (F/nance Prov/tletl antl Development S—kw R,,iemd) Starting Cash Balance Table EMeretl p,,GL at Se mmber 30 of Each F/scal Year Annual Revenue Table EMeretl er Periotl hom GL Entres Post-Book C/osin Annual Transfers Table Enmretl er Periotl hom GL Entres Pw,Book C/osin FY25 Transfers Table Transfer from Waterantl Wastewater Funtl, ran,/—/nantl Reimbursments ouf of Or 21803 Annual Ezpentliture Table EMeretl er Pam m fmm GL Entries Post-Book Closin 5/ E•psPrcnrpuscn isampocin corns es eve opmen ervme ev opmen vc egi ar 1 gena--ffiu_ eim ursemen greemenUFY25Tmst Funtl Balances/FY25Tmsl Funtl BalancesNov24 FY25 Developer Trust Funtl Worksheet FY 2025 (Finance Provided and Development Services Reviewed) 5/7/2025 https_//mrpuschnsli sharep—t com/sAes/DevelopmentServices/BevelopmentSvcs/SHAREO/Legislar/2025 CC Agentla Items/04082025/Reimbursement Ag reement/FY25 Trust Funtl B.]..-/FY25 Trust Funtl BaI.—N-24 FY25 D—I.p.,Trust Fund W.,k.h-t FY 2025 Finance PdL 21jqIlt Slwjlw RlIt—d W )Outsta i...d Intl D..],P b,ig.ti..Table (E—.d P—ro D..) i I—MMIL Rnj�R�o 2�1 EL 1.212. 1212— �42 ErM nC-h Balance Table (B.jp,mg Cash B.I.—Pl..R.—(T.bk 2)L.-Ezpmdi—fTbf,3)) Ending Available B111—Table (Edig Cash B.1—c.L—0--dmg Ogg.d—(Tbk 4) 5/7/2025 hftplf.T—h.sl,sh..po,.t to./sd.s/D..Iop...tS.rv,..s/D.d.p...tSvcISHARED/LN,sl.,/2O25 CCAg..d.lt..s104082025/R.,.b.rs....tAg—...t/FY25T.st F..d B.]—s/FY25T.st F..d B.I.—N-24 FY25 Developer Trust Fund Works heet FY 2025 (Finance Provided and Development Services Reviewed) Starting Cash Balance Table Enteretlper GL at September 30 of Each Fiscal Yea reran sonar in mnew amenp sun stem san nun tcm wncrcn0 xowioas $ 4$ a2 E $ E S E $ S Annual Revenue Table Entered per Period from GL Entries Post-Book Closin creme Eer an sonar in mnewenwemenp san stem n nE,n tcm wx apermem� rsmvima: 21— 3-33 S21,M616 E o f nc 9 E 21,01552 E 2 E A s E 6Jy31.x8 E S S S S S S S S S S 8 Annual Transfers Table Enteretl er Period from GL Entries Post-Book Closin I— reran :,enae xffiew,emi s,n :rem n��n tc m. ermrem� xe.teae s s s s s s s s s s FY25 Transfers Table Transfer from Water and Wastewater Funds Transfers in and Reimbursments out of O 21803 ore Hero ,¢ran Lune.row onI rune.mao m mnewenemenp san rung a11a stem n rune.vio non Icm xumenp xowioas S s S isa,sEo.in s 8 5 a5 �s S 5teyu.5i5 s ivoE -1e vi4 s 14 !2 s it ++ans s s Rw�aumiane s s252 er wazeunn< s a x�es_um ivdon �zzsxi s ai 7s " -3 i 8 E E 8 8 E s a s 8 s oo S E E Annual Expenditure Table (Entered per Pa ment from GL Entries Post-Book Closing) reran¢ can xs sen�r.z se..me�-en rme cwncm a,ymra�ose oreinane xumcer wrcna�oreer xumeer oerempment am)ed orebpx w sn case canapemenp s,n Hero tcmn wneeemenp 33s2M rE s m,.m,aemnmm9z,xx3 a2025 t Fund 6eIencssoct24 FY25 Developer Trust Fund W orksheet FY 2025 Finance Provided and Development Services Reviewed sus 5s $ s iss 5/7/2025 h((ps_//mrpus.h.sb sharp—t c../sdes/Develop...(Services/Bevel.pme.tSvcs SHARED/N,slar/2025 CC AgendaItems/04082025/R.,.bu.....l Agreement/FY25 Trust Funtl BaI—n FY25 Trust Funtl B,1—,sOcl24 FY25 Developer Trust Fund Worksheet FY 2025 Finance Provided and Deve/o meni Services Reviewed Outstanding Obligation Table Entered erAppropriation less Pa mans to Date ca�a uw�.�ome o�d��a�e x�mce, a�«n�o�ee.x��, aemw�ra�Kn o..��. re�ane ��ae w o,e.rea n �ffinew�p�ml s� ore.naoo s se�n+n oro�o�rme Tm� D1,15RD s 1 s s n s s s a s s 1445.. $ s e RZI E2 s s s s o s s 27,W8 55 $ s $ $ 1 $ $ $ s a s s s 11zzs4/ s s s s s s o4 I s s s s a s s $ R rep112 $ o ��c o�s s s4 s s s s s I I Iso s s s s s po s s s s s o $ $ s s s $ $ o s s s s s s4 s s s s s s s s s s s o s s s s 136,87031 s s s o s s s s —S 5 MJ3171 S 7.MM7A4 S S Ending Cash Balance Table (B29pning Cash Balance Plus Revenue able 2 Less Expenditures Table 3 reran 9o�so �� ffieeml see :rem ��� tcffi ei. ml ao.zma: 8 s 4 zi 825D.99 $ 0 $ 5 8 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations Table 411 reran so�ae �� affie wmneml see .rem ��� tcffi pia. � ml ao.,Tma: 2-1 S ao 4MA57.51 IS s 4 s 4 5 E 75 S 5/]/2025 hllps_//mrpuschdsti sharepoint com/sdes/DevelopmentServices/BevelopmenlSvcs SHAREDi N,slar/2025 CC Agenda Items/04 08 2025/R-1,.semenl Agreem WFY25 Trust Funtl Balances/FY25 Trust Funtl Balances0c124 FY25 Developer Trust Fund Worksheet FY 2024 (Finance Provided and Development Services Revievvetl) Starting Cash Balance Table Entemd er GL at September 30 of Each Fiscal Year E r E se E E 9 E t E s Annual Revenue Table Enteretl er Periotl from GL Entries Post-Book Cl-in s S 9y naz 4s 21 $ r f +a9ra37 s 3a s r5szs3s S +-1—$ sz S +mr9 s+ a3,1.12$ 915i9.e4 s 21117. f ztSAso.94 1995a.44 s 14.151 t S i5N5eo9 t,—.s s S >t9A9i59 Juy 2 2 is.98 s f +Ags/.59 R24flT4 s s s ® eagoxroer E s E o f o f s f 90 E Annual Transfers Table Enteretl er Periotl/mm GL Entries Post-Book Closin Annual Expenditure Table Enteretl er Pa ment from GL Entries Post-Book Closin caio3eIII a 7-1 11 a amg�a 5/7/2025 hllps_//corpuschnsli shar.point c../sdes/Bev.lopmentS.rv,.es/BevelopmentSvcISHAREB/Legislar/2025 CC Agentla Items/04082025/11eimbursement Agreement/FY25 Trust Funtl 13.1—es/FY25 Trust Funtl Balance S.p24 FY24 Developer Trust Fund Worksheet FY 2024 (Finance Provided and Development Services Revi—d) Outstanding Obligation Table (EnteredperAppropriation less PaVmenft to Date) ongcmaa F 1:2 1 r $ $ .11.2.. $ 3171 $ -21 2.1. 1 IL 1 11 $ I $ 12,.1 $ $ $ $ i$ $ $ r $ $ $ ,,tl ms Cs E 4= 2— $ 1 �4 Ending Available Balance Table (Endina ash Balance Less Outstandina Obligations(Table 4)) 2E. 21— .1 21.14. 5/7/2025 hffp floo,p—h.c4,sh..,,.,.t c../sdes/D..I.p...tS.rv,.es/D.d.pe.tSvcISHARED/LN,sl.,/2025 CC Agenda fie-104 08 2025/R.,.bme.e.t Ag—.e.t/FY25Tmt Fund B.]—es/FY25T.ss Fund B.I...-5.p24 FY24 Developer Trust Fund Worksheet FY 2024 (Finance Provided and Development Services Reviewed) Starting Cash Balance Table Entemd er GL at September 30 of Each Fiscal Year s r E se s E 9 E t E S Annual Revenue Table Enteretl er Periotl from GL Entries Post-Book Cl-in s S 9y naz 4s 21 $ r f +a9ra37 s 3a s r5szs3s S +-1—$ sz S +mr9 s+ a3,1.12$ 915f9.e4 s 21117. f ztSAso.94 t9saab S 14.151 t S i5N5eo9 t,—.s s S >t9A9i59 Juy 2ZZis.98 s f +Ags/.59 11-4 s + s s ® eagoxroer S :E 5E 5E 5E IW,562 371E Annual Transfers Table Enteretl er Periotl/mm GL Entries Post-Book Closin Annual Expenditure Table Enteretl er Pa ment from GL Entries Post-Book Closin cRio III 7-1 11 gRm a 5/7/2025 hllps_//corpuschnsli sharepoint com/sdes/DevelopmentServices/DevelopmentSvcISHARED/Legistar/2025 CC Agenda Items/04082025/11eimbursement Agreement/FY25 Trust Funtl 13a1ances/FY25 Trust Funtl 13.1—esAug24 FY24 Developer Trust Fund Worksheet FY 2024 (Finance Provided and Development Services Revi—d) Outstanding Obligation Table (EnteredperAppropriation less PaVmenft to Date) ongcmaa F 1: 21— 21.1 2 1 r $ $ .11.2.. $ 3171 $ -21 2.1. 1 IL 1 11 $ I $ 12,.1 $ $ $ $ 1 $ $ r $ $ $ ,,tl ms Cs E $ 1 41 Ending Available Balance Table (EndinaCash Balance Less Oubdandina Obligations(Table 4)) 21— -'=Mk 2— 21— 21.14. 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'akmo�rme tcffi r'aa w �p o a 1 $ 4 s $ $ s s s 0 $ e a�w0eu na s s s 0 a s s s $ 01 a pz s s $ s $ a $ s 0 $ s $ s M$ 2.21102— $ 335 s $s s sUa: s M33171s s 2s ss Ending Cash Balance Table Mt9pningCash Balance Plus Revenue able 2 Less Expenditures Table 3 reran 0�as � affiomt see ,rem r� tcffi i>a mt a0.i0ra: S 5 $ e $ s s 4 8 0 4 o f4.845-2 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations Table 4 reran 90�ae � Effie ma exe�mr see :rem r� �cffi eae� �o x0.T0ra: 2'1- +sa,3o5.0/ z+,xo3,o3s.5a �i/s,xs/.ss +atpse.ox S 12,312,913.16 5/T/2025 https//corpuschdsti sharepoint c—/sd-/BevelopmentS,,.s/BevelopmentSvcs/SHAREDiL ,star2025 CC Agenda hems/04.08 2025/Reimbursement Agreement/FY25Trust Funtl Balances/FY25 Trust Funtl BalancesMay24 FY24 se GO � O� A H AGENDA MEMORANDUM NCOOPOR First Reading Ordinance for the City Council Meeting April 8, 2025 1852 Second Reading Ordinance for the City Council Meeting April 15, 2025 DATE: April 8, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3(a�cctexas.com (361) 826-3596 Utility Easement Closure for Lots 5 and 6, Water Block 6 of Bay Front Beach Portion CAPTION: Ordinance abandoning and vacating a 100' long centerline portion of an unused wastewater utility easement totaling approximately 14,000 square feet at or near 622 N Water Street. PURPOSE: Purpose of this ordinance is to close, abandon, and vacate approximately 14,000 square feet of utility easement on Lots 5 and 6, Water Block SIX (6), which is located at the intersection of N Water Street and Starr Street. The easement was originally dedicated for a sewer line that has since been abandoned. The applicant, Shoreline Investments, Inc, requests to close this portion of the easement so that they can replat the area. This closure request has been sent to all applicable city departments as well as private entities with vested interests, with no objections received. Closure represents the best interest of the city. BACKGROUND AND FINDINGS: The City and various 3rd party entities have reviewed the request and is in agreeance with the closure as it does not preclude access to any other easements. The City does not require appraisal or to collect fair market value. The City assesses a fee associated with the request to close an easement in the amount of $1,402.87 as well as an Administrative Fee of$63.13. Both, of which, have been paid by the Applicant. ALTERNATIVES: Deny the applicant's request and keep current utility easements. FINANCIAL IMPACT: The City assesses a fee associated with the request to close an easement in the amount of$1 ,402.87 as well as an Administrative Fee of$63.13. Both, of which, have been paid by the Applicant. Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the Applicant's request for the easement closure. The closure of the easement will allow current owners the ability to replat. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance abandoning and vacating a 100' long centerline portion of an unused wastewater utility easement totaling approximately 14,000 square feet at or near 622 N Water Street. WHEREAS, Shoreline Investments, Inc, (Owner) is requesting the closure, abandonment and vacating of 14,000 square feet of an existing utility easement out of Lot 5 and Lot 6, Water Block SIX (6), Bay Front Water Beach Portion; and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate a 100' centerline portion of an existing utility easement, subject to compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Corpus Christi Code Sec. 49-13, a 14,000 square foot portion of existing utility easement as recorded in Volume 9, Page 38-41, Deed Records Nueces County, Texas and being out of Bay Front Water Beach Portion, Water Block SIX (6), Lots 5 and 6, located at the intersection of N Water Street and Starr Street, and as described and shown in Exhibit A and B, is abandoned and vacated by the City of Corpus Christi ("City"). "Exhibit A," which is a Metes and Bounds description and field notes, and "Exhibit B," which is the graphical representation of the legal description, are attached to and incorporated into this ordinance. The maintenance responsibilities for the vacated easement revert to the Owner of the property. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirement: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of 12025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Project No. 250108 January 30, 2025 100' CENTERLINE SEWER EASEMENT STATE OF TEXAS § COUNTY OF NUECES § FIELDNOTES, for a 100' Centerline Sewer Easement, being over and across Lot 5 and Lot 6, Water Block SIX (6), Bay Front Water Beach Portion, as shown by Plat recorded in Volume 9, Pages 38-41, of the Map Records of Nueces County, Texas,being the same Easement as described in a Deed from Magnolia Petroleum Company to the City of Corpus Christi, recorded in Volume 249, Page 174, of the Deed Records of Nueces County, Texas; said 100' Centerline Sewer Easement being more fully described by metes and bounds as follows: Commencing, at the Southwest corner of the said Lot 5, on the East Right-of-Way of North Water Street; Thence, South 89°43'39" East, with the South boundary of the said Lot 5, 112.00 Feet, to the Point of Beginning of this Centerline description, from whence the Southeast corner of the said Lot 5 bears, South 89°43'39"East, 38.00 Feet; Thence,North 00°44'21"East, over and across the said Lot 5 and Lot 6, 100.00 Feet,to the South Right-of-Way of Starr Street and the North boundary of the said Lot 6, to the Point of Terminus of this Centerline description, from whence a Drill Hole Found for the Northeast corner of the said Lot 6 bears, South 89°43'39"East, 38.04 Feet, also from whence the Northwest corner of the said Lot 6 bears,Northwest 89°43'39" West, 112.00 Feet; Grid bearings and distances herein are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless the fieldnote description, including preamble, seal and signature, appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Easement described herein. of rF+ Y�I NV J.I ES DAVID CARR James D. Carr, RPLS ........ 6458.............. . .6458'Pv"' TX License No. 6458 January 30, 2025 TBPELS FIRM NO. 10194750 -CAR , WWW.CARRLANDSURVEY.COM JLAND SURVEYING HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US HWY 281 STE.H#193 CORPUS CHRISTI,TX 78413 MARBLE FALLS,TX 78654 361.248.1850 830.321.4569 Sketch to Accompany Tuv199 St_ PROJECT Tayt- 4t LOCATION FIELDNOTES, for a 100' Centerline Sewer Easement, being over and 3 o across Lot 5 and Lot 6, Water Block SIX (6), Bay Front Water Beach sear st Portion, as shown by Plat recorded in Volume 9, Pages 38-41, of v- l+egpyes the Map Records of Nueces County, Texas, being the some 100' Centerline Sewer Easement as described in a Deed from Magnolia DowNTC1U'`N Petroleum Company to the City of Corpus Christi, recorded in Volume CORPUS 249, Page 174, of the Deed Records of Nueces County, Texas. 0 CFtPtISTI .2 L Sx 3. LOCATION MAP N.T.S. 0' 60' COUNTY OF NUECES GRAPHIC SCALE CITY OF CORPUS CHRISTI STARR_STREET _ 1"=60' - POINT OF (60' ROW PER PLAT) TERMINUS DRILL HOLE(S) N 89°43'39" W 112.00' 28.00' . z 10.04' 00 I W I I LOT 6 0 . o O o I cn o LOT 7 SHORELINE INVESTMENTS, INC o w p O I m THE PURPOSE OF THIS EXHIBIT o ALL OF LOT 5 AND LOT 6 p W w 0- 0 I o O I IS TO VACATE THE SEWER EASEMENT SAVE AND EXCEPT EAST 10 _ L W n Cl)N DESCRIBED AS THE CENTERLINE TO BE f -0z o WATER BLOCK SIX (6) (%j e D IP D I CONSTRUCTED OVER AND ACROSS = z LOT 5 AND LOT 6, BLOCK 6 N BAY FRONT WATER BEACH PORTION � N I w J o o VOL.249, PG.174, D.R.N.C.T. cn DOC.NO.2018050055 > o c0nZ o 0.P.R.N.C.T. D LOT 5 CD I W O I I (n I W z I Z I LOT 8 m z S 89°43'39 E 112.00' 28.00' 10' I o � � D POINT OF VPOINT OF 0 m COMMENCEMENT BEGINNING SW CORNER LOT 5 LOT 9 OWNER: SHORELINE INVESTMENTS, INC. --- -- --- � ALL OF LOTS 1-4, EASTERY 10' OF LOT 5 AND LOT 6, ALL OF LOTS 7-12 I LOT 3 WATER BLOCK SIX (6) BAY FRONT WATER BEACH PORTION LOT 10 VOLA PGS.38-41 MR.N.C.T. I DOCAO. 2004033294 -- -- -- DOCAO. 2001002624 -- --— O.P.R.N.C.T. I I I I LOT 2 LOT 11 I DRAWN BY.JDC I SCALE:1"=60' IJOB NO:250108 1 DATE:30JAN20251 1 of 1 SURVEYOR'S NOTES: W`"D 1.) Grid bearings and distances hereon are referenced to the Texas *j.r* Coordinate System of 1983, Texas South Zone 4205, and are CARR• based on the North American Datum of 1983(2011) Epoch 2010.00. Headquarters LAND SURVEYING Branch office (Deed/Plat Record Bearing/Distance) 6537 S.STAPLES STREET SUITE 125#357 701 N US HWY 281 SUITE H#193 CORPUS CHRISTI,TEXAS 78431 MARBLE FALLS,TEXAS 78654 2•) Some features shown on this Exhibit may be out of scale for 361-248-1850 830-321-4569 clarity. infoOcarrlandsurvey.com TBPELS FIRM NO.10194750 c2025 JCLS • • Easement Closure.,, 14,000 Square Feet out of Lots 5 and 6, Block 6, of Bay Front Water Beach Portion City Council Presentation - 04/05/2025 Ak Property Map It ,er s r� N Water Beach Addition 9 O i� 0 25 50 100 1 OUS Feet Location Map North Water Street saner[fMbv.e 0 Staff Recommendation Approval The applicant requesting the utility easement closure has paid the required $1,466.00 processing fee. Request has been processed in accordance with Section 49-13 of the City Code of Ordinances. - - -4 t - 4 6 100'Centerline Easement 44D Water Beach Addition 44D / 9. 0 25 50 100 wJ 11 somoc:::���US Feet Location Map Project Location North Water Street Easement Enclosure Path:\\ARCSERVE2\GISProjects\Requests\Recurring\LocationMaps_DevelopmentServices\Location_Maps.aprx SR:18082 Date Created:3 19 2025 se GO � O� A H 'NCOHPOP AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonWa-cctexas.com (361) 826-3935 Sergio Villasana, Director of Finance & Procurement SergioV2�cctexas.com (361) 826-3227 Purchase of Firefighter Protective Clothing for the Corpus Christi Fire Department CAPTION: Motion authorizing the purchase of 88 replacement and 52 new pieces of firefighter protective clothing (coats and pants) for the Corpus Christi Fire Department from Casco Industries, Inc., of Houston, Texas, through the BuyBoard cooperative, for$224,309.40, with FY 2025 funding in the amount of$224,309.40 from the General Fund. SUMMARY: This motion authorizes the purchase of a total of 140 pieces of replacement and new firefighter protective clothing from Casco Industries, Inc., of Houston, Texas, through BuyBoard Cooperative, for $224,309.40. The protective clothing will be used by the Corpus Christi Fire Department's (CCFD) firefighters. This protective clothing is also known as bunker gear. Bunker gear protects firefighters from the extreme heat that is encountered daily when fighting fires. BACKGROUND AND FINDINGS: Firefighter protective clothing, also known as bunker gear, is Personal Protective Equipment (PPE) that firefighters wear every time they enter any environment that may be considered an imminent danger to life and health as well as for any response that requires extrication. It protects firefighters from the extreme heat that is encountered daily when fighting fires. In recent years, CCFD has standardized its bunker gear inventory by utilizing Globe Firefighters products that are offered through Casco Industries. Globe firefighting bunker gear is specially designed and equipped with three layers of protection consisting of an outer shell, a moister barrier, and a thermal liner. The bunker gear is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries, Inc. is the exclusive dealer representing Globe Firefighters suits. Casco Industries is the main supplier for all firefighting PPE. Casco Industries provides the highest quality, lowest price, and the timeliest production and delivery of the PPE. Casco Industries is located in Houston, Texas. These items are not available locally. CCFD will purchase 44 replacement bunker coats and 44 replacement bunker pants for current firefighters. CCFD will also purchase 26 new bunker coats and 26 new bunker pants for cadets who will be graduating and going to the field. CCFD currently has 455 firefighters that are issued this bunker gear to accomplish their duties safely and effectively. In addition to the 455 sets of bunker gear currently issued to firefighters, CCFD maintains 200 sets of firefighting PPEs to be utilized as "loaners" if issued gear is contaminated or soiled from any toxins or hazardous elements that may be encountered on any given emergency call. The loaner gear is necessary because the National Fire Protection Association 1851 standard requires PPE to be laundered after every structure fire. Typically, bunker gear is replaced every seven years depending on usage and the wear and tear; however, it can be replaced sooner if it is damaged or otherwise needed. Maintaining an adequate level of loaner inventory is crucial for the ability of CCFD firefighters to interchange torn or damaged firefighting bunker gear. When firefighters' current bunker gear is replaced, the current bunker gear is placed in the loaner stock as long as it is not damaged or otherwise compromised. If the current bunker gear is damaged or otherwise compromised, then it is taken out of service and discarded. PROCUREMENT DETAIL: This procurement is through the Buyboard Cooperative. Contracts awarded through Buyboard Cooperative have been competitively procured in compliance with local and state procurement requirements. In recent years, CCFD has standardized its bunker gear inventory by utilizing Globe Firefighters products that are offered through Casco Industries. Globe firefighting bunker gear is specially designed and equipped with three layers of protection consisting of an outer shell, a moister barrier, and a thermal liner. The bunker gear is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries, Inc. is the exclusive dealer representing Globe Firefighters suits. Casco Industries is the main supplier for all firefighting PPE. Casco Industries provides the highest quality, lowest price, and the timeliest production and delivery of the PPE. Casco Industries is located in Houston, Texas. These items are not available locally. The table below provides Casco Industries, Inc.'s cost savings through the BuyBoard Cooperative. When compared to the HGACBuy Cooperative pricing, the City receives cost savings of 24.04% or $70,996.80. Description BuyBoard HGACBuy Variance Casco Bunker Gear Cost $224,309.40 $295,306.20 $70,996.80 ALTERNATIVES: The alternative is not to purchase the bunker gear. However, if the bunker gear is not purchased, it will make firefighters vulnerable to serious or even life-threatening injuries. It will also cause CCFD to be out of compliance with the National Fire Protection Association's 1851 standard. FISCAL IMPACT: The fiscal impact for CCFD in FY 2025 is an amount of $224,309.40 which will be paid through the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Department: 10 Fire Department Project # (CIP Only): N/A Account: 540045 Uniforms & Protective Clothing Amount: $140,994.48 Fund: 1020 General Fund Organization/Activity: 12030 Fire Training Department: 10 Fire Department Project # (CIP Only): N/A Account: 540045 Uniforms & Protective Clothing Amount: $83,314.92 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of 88 replacement and 52 new pieces of firefighter protective clothing (coats and pants) for the Corpus Christi Fire Department from Casco Industries, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Finance-Procurement Firefighter Protective Clothing CCFD Buyer: Erica Hernandez Buyboard 698-23 Casco Industries, Inc., Houston,Texas ITEM DESCRIPTION Qty Discounted Cost/Unit Total 1 Globe Bunker Coat CCFD 70 $ 1,832.69 $ 128,288.30 1 Globe Bunker Pant CCFD 70 $ 1,371.73 $ 96,021.10 Not to Exceed Amount $ 224,309.40 f�f a 1 i 6 f y a72 � ta`a.... a-sM'- •.bw.�wa.+:-ffmmd�w�s. ��d -ra ;j.u,....+i se o° a o� A F U NCOgpOPPT E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevins4(a)cctexas.com (361) 826-1292 Peter Collins, Chief Information Officer of Information Technology Peterc(a)cctexas.co (361) 826-3735 Sergio Villasana, Director, Finance & Procurement Sergiov2�cctexas.com (361) 826-3227 Integration and Installation of Flight Information Display System (FIDS) at Corpus Christi International Airport (CCIA) CAPTION: Motion authorizing execution of a five-year service agreement, with five one-year options to renew support, with Infax, Inc., of Alpharetta, Georgia, for an amount of $399,207.00, with a potential of $674,884.89 if options are exercised, for the integration and installation of a Flight Information Display System at Corpus Christi International Airport, with FY 2025 funding of $213,624.00 from the Airport Fund. SUMMARY: Replace our current FIDS (Flight Information Display System) with updated version of FIDS software and install CUPPS (Common Use Passenger Processing System) at ticket counter and gates 1 and 6. BACKGROUND AND FINDINGS: Our current FIDS software version is 10 years old and no longer supported by the vendor. To continue to offer FIDS service to passengers an upgrade is required. CUPPS will enable airlines to easily transfer their services to other gates. CUPPS is also an excellent tool to attract airlines and allows them to operate in and out of Corpus Christi without the burden of installing their own infrastructure. PROCUREMENT DETAIL: Procurement conducted a competitive Request for Proposal (RFP) to obtain qualified firms to provide integration and installation of FIDS and received three responsive, responsible proposals, which the City's evaluation committee evaluated. The three firms were interviewed according to the technical and evaluation criteria of the RFP. The evaluation committee was comprised of five members from Information Technology and Aviation. During the interview process, the evaluation committee rated each firm and scored according to the demonstration for all required systems and terminal equipment presented. Final scores were tabulated for each firm to determine the highest-ranking firm. A best and final offer was presented to each firm, with each firm presenting the City with a final price. Staff is recommending award to Infax, Inc. of Alpharetta, Georgia. ALTERNATIVES: Three companies competed for this contract. One company was very new in the industry and did not offer hardware that met IT security requirements. The alternate company was a strong competitor but required additional routers and networking equipment above their quoted amount and would add to the cost of the upgrade greatly. FISCAL IMPACT: Funding is budgeted for this project in the FY25 Airport Operating Budget - Fund 4610. FUNDING DETAIL: Fund: 4610 Organ ization/Activity: 35045 Department: 53 Project # (CIP Only): N/A Account: 530230 RECOMMENDATION: City staff recommends approval of a five-year service agreement with Infax, Inc. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP No. 6017 Implementation and Installation of FIDS Sr. Buyer: Minerva Alvarado SITA Information Proposal Evaluation Score AeroCloud Inc. Infax,Inc. Networking Computing USA, Inc. Wilmington, DE Alpharetta,GA Atlanta,GA Minimum Qualifications Required five years in businessSf {j�""""""""" No material lawsuits during last five years No outstanding regulatory issues last five years 111I"""""""""" ✓ References Provided for firm i'asI= iI""""""""" �} ✓' Minimum Qualification Pass/Fail Technical Proposal Firms'Experience 15.0 13.20 15.00 14.00 Team Experience 10.0 8.60 10.00 9.40 Understanding of Project Scope 15.0 14.60 15.00 14.60 Subtotal Technical Proposal 40.0 36.40 40.00 38.00 Interview Flight Information Display System 10.0 7.80 10.00 8.80 Baggage Information Display System 10.0 8.60 10.00 9.00 Gate information Display System 5.0 4.60 5.00 4.80 Self-Baggage Drop Kiosk 5.0 3.80 5.00 4.60 Standard Use Terminal Equipment 10.0 7.60 9.40 8.80 IT Requirements 10.0 6.40 10.00 8.40 Subtotal Interview 50.0 38.80 49.40 44.40 Price Cost information 10.0 10.00 8.397 8.32 Subtotal Pricing 10.0 10.00 8.40 8.32 Totall 100.0 85.20 1 97.80 1 90.72 SC O SERVICE AGREEMENT NO. 6017 v Integration and Installation of Flight Information Display N'ORPORPIEO 185a System THIS Integration and Installation of Flight Information Display System Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Infax, Inc. ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Integration and Installation of Flight Information Display System in response to Request for Bid/Proposal No. 6017 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Integration and Installation of Flight Information Display System ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is five years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to five additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form-Airport Page 1 of 8 3. Compensation and Payment. This Agreement is for an amount not to exceed $399,207.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Barb Minor IT Department Phone: 361-826-3524 Email: barbmCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form-Airport Page 2 of 8 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form-Airport Page 3 of 8 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Barb Minor, IT Business Analyst III Information Technology 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3254 Fax: 361-826-1996 IF TO CONTRACTOR: Infax, Inc. Service Agreement Standard Form-Airport Page 4 of 8 Attn: Steve Moody Director of New Business Development 1235 Old Alpharetta Rd., Suite 120, Alpharetta, Georgia 30005 Phone: 770-209-9925 Fax: 770-209-0671 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Service Agreement Standard Form-Airport Page 5 of 8 Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form-Airport Page 6 of 8 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 28. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form-Airport Page 7 of 8 CONTRACTOR bw,yv�Vlu�iaeG b � Signature. David Michael Davis(Mar 11,202516:26 EDT) Printed Name: David Michael Davis Title: Chairman of the Board Date: 03/11/2025 CITY OF CORPUS CHRISTI Sergio Villasana Director, Finance & Procurement Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 6017 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Airport Page 8 of 8 Attachment A: Scope of Work 1.1 General Requirements The Contractor shall provide integration and installation of Flight Information Display System to the Corpus Christi International Airport (CCIA), which is owned and operated by the City of Corpus Christi. The Contractor shall have qualified, financially stable, and innovative operators to provide digital airport systems to include: A. Flight Information Display System (FIIDS) to display flight arrival and departure information in real-time throughout the terminal, airport website, and other digital or physical locations. Future physical locations may include but not limited to airport cell phone lots, TNC staging lot, gas stations, hotel lobby, or International Terminal (FIS). B. Baggage Information Display System (BIDS) to display arrival flight information in terminal baggage claim and international arrival facility. CCIA has two baggage belts in baggage claim and one baggage belt in the international arrivals area. The information should be able to easily identify which airline is placing bags on which gate. C. Common use Passenger Processing System (CUPPS/CUSS) to be installed at two ticket counters and two common use gates. Each workstation must include computer system, auxillary printers and scanners, boarding equipment, and any other capabilities to facilitate complete check-in and boarding processes for any domestic or international flight by any major airline. CUSS 2.0 required. CUSS 1 .0 no longer supported after 2026. Transition starting January 1 , 2024. 1.2 Minimum Development Requirements - see Exhibit 1 A. Flight Information Display System (FIDS) 1 . The Contractor will have the ability to automatically pull flight arrival and departure information for CCIA and display it on digital screens throughout the terminal building. 2. The Contractor will Integrate into CCIA website to display real-time information for arrivals and departures. 3. The Contractor will have the ability to edit information as needed. 4. The Contractor will have visual paging. 5. The Contractor must be able to display additional information such as mandated messages, real-time weather delays, gate changes, etc. Page 1 of 3 6. The Contractor must be able to have timed sequencing for rolling displays. 7. The Contractor must have access to full system and management reporting. 8. The Contractor must provide a solution to implement visual paging for public address and emergency alarms. B. Baggage Information Display System (BIDS) 1 . The Contractor must have the ability to display arrival flight information on digital screens above each bag belt in baggage claim and international arrivals area. 2. The Contractor must control screen outside the terminal adjacent to the baggage belt loading area, with the ability for the airline ramp agent to enter the flight information manually or select from a pre- loaded screen of arrivals. 3. The Contractor will have the ability for remote access via online login, so airport operations staff can edit or enter arrival information for display. C. Gate Information Display System The Contractor must have an airport display with flight information and gate number displaying between flights. D. Standard Use Terminal Equipment 1 . The Contractor will provide all infrastructure to accurately display flight information on the airport website, mobile app, and displays around the airport facility. Digital content may include but is not limited to airport generated content, website URL's, or streamed or US content, queue management system content, baggage carousel content, gate and tick counter content. 2. Systems may include, but are not limited to CCIA website, mobile app, weather feed, airline flight information, baggage carousel, paging system, airline provided content, and advertising content. 3. The Contractor will Install two computer stations at the common-use ticket counter with software that will allow an airline to log into its own proprietary system and process passengers. Page 2 of 3 4. The Contractor will install one computer station at two common-use gates in the airport concourse. The computer station must have the same login capabilities. 5. The Contractor will conduct system training for CCIA staff and deliver staff training for optimal system use. 6. The system must be compatible with all major airlines and update in real-time with airport system updates. 7. A digital screen above the workstation must accompany each ticket counter computer system to identify the airline for each ticket counter. 8. Each gate counter must have a digital screen above the workstation to identify each gate's airline and flight information. 9. Each gate computer must have a ticket scanner compatible with both printer tickets and mobile devices. IO.The system must be capable of future growth. This includes all ticket counter and gate counter stations across the airport. 1.3 IT Requirements A. The Contractor must have Microsoft Windows OS 11 Pro, or Microsoft Servicer 2019 or higher. B. The Contractor must have Intel Core i5 or higher. C. The Contractor must have 802.11 ac (or better) Wi-Fi capability. D. The Contractor must have a Display port or HDMI ports. E. The Contractor must have USB-A or USB-C ports. F. The Contractor must have 8-16 GB of RAM. G. The Contractor must have 240 GB solid state drive, or larger. H. The Contractor must provide 3-year on-site (better) or depot warranty, accidental damage service highly recommended. I. The Contractor will have ability to install City anti-virus and security software. J. The Contractor is able to support an op-prem solution. Page 3 of 3 Exhibit 1 Requirements Priority Vendor FIDS Flight Information Display System Response Comments M / E/ N Y/ M /N 1. CCIA must be able to automatically pull flight arrival and departure information for CCIA and display it on digital screens throughout all public M and operational areas of the terminal facilities. 2. The system must integrate into the CCIA website to display real-time information for all arrivals and departures. Currently, we do a file transfer M every minute to our website host. 3. CCIA needs to have the ability to edit information as needed. M 4. CCIA needs "Visual Paging."We must integrate the IED PA system to M display typed PA announcements on message screens. 5. CCIA must be able to display additional information as needed, such as M TSA-required messages, real-time weather, delays, gate changes, etc. 6. CCIA must be able to have timed sequencing for rolling displays. M 7. CCIA must have access to full system and management reporting. M 8. Proposer must provide solution to implement visual paging for public M address and emergency alarms. BIDS Baggage Information Display System 1. CCIA needs the ability to display arrival flight information on digital screens above each bag belt in both the baggage claim area and M international flight arrival areas. 2. CCIA must control the screen outside the terminal adjacent to the baggage belt loading area. We must allow the airline ramp agent to either M enter the flight information manually or be able to select it from a pre- loaded screen of arrivals. 3. CCIA-authorized personnel must have the ability to have remote access via an online login. This access will allow CCIA Operations staff to enter M or edit arrival information for display in the terminal. GIDS Gate Information Display System 1. CCIA must have an airport display with flight information and gate number M displaying between flights. Self-Baggage Drop Kiosk 1. CCIA needs the installation of one self-service baggage drop kiosk with M the option to expand to include additional kiosks in the future. 2. The kiosk must allow passengers to enter all applicable identifying M information and print all baggage tags. 3. The kiosk must provide all information about each tagged piece of luggage, be included in the CUPPS system for flight processing, and be M compatible with all airline systems to prevent any lost luggage. Priority M = Must Have Y=Yes without modification E = Expected to Have M =Yes with modification N = Nice to Have N = Not available or included Page 1 of 2 Exhibit 1 Requirements Standard Use Terminal Equiptment 1. The vendor shall provide all infrastructure to accurately display flight information on the airport website, mobile app, and displays around the airport facility. Digitial content may include but is not limited to airport M generated content,website URL's, or streamed or USB content, queue management system content, baggage carsouel content, gate and ticket counter content. 2. Systems that will require intregration may include, but are not limited to CCIA website, mobile app, weather feed, airline flight informaiton, M baggage carsouel, paging system, airline provided content, and advertising content. 3. CCIA needs the installation of two computer stations at the common-use ticket counter with software that will allow an airline to log into its own M proprietary system and process passengers. 4. CCIA needs one computer station installed at two common-use gates in the airport concourse. This computer station must have the same login M capabilities. 5. The system must be compatible with all major airlines and update in real- M time with airport system updates. 6. A digital screen above the workstation must accompany each ticket M counter computer system to identify the airline for each ticket counter. 7. Each gate counter must have a digital screen above the workstation to M identify each gate's airline and flight information. 8. Each gate computer must have a ticket scanner compatible with both M printer tickets and mobile devices. 9. CCIA requires the system to have the capability for future growth. This M includes all ticket counters and gate counter stations across the airport. IT Requirements Microsoft Windows OS 11 Pro, or Microsoft Server 2019 or higher M Intel Core i5 or higher M 802.11 ac (or better) Wi-Fi capability M DisplayPort or HDMI ports M USB-A or USB-C ports M 8-16 GB of RAM M 240 GB solid state drive, or larger M 3 year on-site (better) or depot warranty, accidental damage service M highly recommended Ability to install City anti-virus and security software M Able to support an on-prem solution M Priority M = Must Have Y=Yes without modification E = Expected to Have M =Yes with modification N = Nice to Have N = Not available or included Page 2 of 2 ogyUsC Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI HPricing Form v CONTRACTS AND PROCUREMENT 'y9RPnP P�f� 1852 RFP No. 6017 Integration and Installation of Flight Information Display System ftFIDS) at CCIA PAGE 1 2/24/2025 DATE: Infax, Inc. PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Item Description Cost Total 1 Integration and installation to include: $ 18,025 FIDS FIDS, BIDS, Self-Se^ ^e BGggGge nip- $ 172,950 " CIE, CUPPS/CUSS $ 154,925 CUSS 2 Software- Support and Maintenance- $ 17,062 FIDS $ 40,674 Year 1 $ 23,612 CUSS 3 Software- Support and Maintenance- $ 17,915 FIDS Year 2 $ 24,215 CUSS $ 42,130 4 Software- Support and Maintenance- $ 18,810 FIDS $ 43,643 Year 3 $ 24,833 CUSS 5 Software- Support and Maintenance- $ 19,751 FIDS Year 4 $ 25,962 CUSS $ 45,713 6 Software- Support and Maintenance- $ 20,738 FIDS $ 47,515 Year 5 $ 26,777 CUSS 7 Training $ 6,582 $ 6,582 Total $ 399,207 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City'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's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE ERRORS & OMMISSIONS $1 ,000,000 Per Occurrence $1 ,000,000 Aggregate 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit 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: Page 1 of 3 City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. Page 2 of 3 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. No bond is required for this agreement. 2024 Insurance Requirements Ins. Req. Exhibit 7-B IT Contracts - Software Support, Configuration, Implementation or Maintenance 05/10/2024 Risk Management - Legal Dept. Page 3 of 3 Attachment D: Warranty Requirements 1 . The Contractor must provide 3-year on-site (better) or depot warranty. 2. Accidental damage service. Page 1 of 1 Attachment E: Federal Requirements Al BUY AMERICAN PREFERENCE A1.1 SOURCE Title 49 USC§50101 A1.2 APPLICABILITY The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. The statute gives the FAA the ability to issue a waiver to a sponsor to use non-domestic material on an AIP funded project subject to meeting certain conditions. A sponsor may request that the FAA issue a waiver from the Buy American Preference requirements if the FAA finds that: 1) Applying the provision is not in the public interest; 2) The steel or manufactured goods are not available in sufficient quantity or quality in the United States; 3) The cost of components and subcomponents produced in the United States is more than 60 percent of the total components of a facility or equipment, and final assembly has taken place in the United States. Items that have an FAA standard specification item number(such as specific airport lighting equipment) are considered the equipment. 4) Applying this provision would increase the cost of the overall project by more than 25 percent. Timing of Waiver Requests. Sponsors desiring a Type 1 or Type 2 waiver must submit their waiver requests before issuing a solicitation for bids or a request for proposal for a project. The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract. The FAA will generally not consider waiver requests after execution of the contract except where extraordinary and extenuating circumstances exist. The FAA cannot review waiver requests with incomplete information. Sponsors must assess the adequacy of the waiver request and associated information prior to forwarding a waiver request to the FAA for action. Buy American Conformance List. The FAA Office of Airports maintains a listing of equipment that has received a nationwide waiver from the Buy American Preference requirements or that fully meet the Buy American requirements. The Nationwide Buy American Waiver List is available online at www.faa.gov/airports/aip/buy american/. Products listed on the Buy American Conformance list do not require additional submittal of domestic content information under a project specific Buy American Preference waiver. Facility Waiver Requests. For construction of a facility,the sponsor may submit the waiver request after bid opening, but prior to contract execution. Examples of facility construction include terminal buildings, terminal renovation, and snow removal equipment buildings. Contract Types— Construction and Equipment—The sponsor must meet the Buy American Preference requirements of 49 USC§50101 for all AIP funded projects that require steel or manufactured goods. The Buy America requirements flow down from the sponsor to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are also in compliance. Page 1 of 15 Note:The Buy American Preference does not apply to equipment a contractor uses as a tool of its trade and which does not remain as part of the project. Professional Services — Professional service agreements (PSAs) do not normally result in a deliverable that meets the definition of a manufactured product. However, the emergence of various project delivery methods has created situations where task deliverables under a PSA may include a manufactured product. If a PSA includes providing a manufactured good as a deliverable under the contract, the sponsor must include the Buy American Preference provision in the agreement. Property— Most land transactions do not involve acquiring a manufactured product. However, under certain circumstances, a property acquisition project could result in the installation of a manufactured product. For example,the installation of property fencing, gates, doors and locks, etc. represent manufactured products acquired under an AIP funded land project that must comply with Buy American Preferences. Use of Provision — No mandatory language provided. The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language, the sponsor's revised language must fully comply with 49 USC§50101. There are two types of Buy American certifications. The sponsor must incorporate the appropriate "Certificate of Buy America Compliance" in the solicitation: • Projects for a facility (buildings such as terminals, snow removal equipment (SRE) buildings, aircraft rescue and firefighting (ARFF) buildings, etc.)—Insert the Certificate of Compliance Based on Total Facility. • Projects for non-facility development (non-building construction projects such as runway or roadway construction or equipment acquisition projects) — Insert the Certificate of Compliance Based on Equipment and Materials Used on the Project. Page 2 of 15 A1.3 SOLICITATION CLAUSE The sponsor must include this clause in: 1) All AIP funded solicitations for bids, requests for proposals, or any work subject to Title VI regulations; and 2) All sponsor proposals for negotiated agreements regardless of funding source. A1.3.1 Title VI Solicitation Notice Title VI Solicitation Notice: The City of Corpus Christi, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.252,42 USC §§2000d to 2000d-4)and the Regulations,hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Page 3 of 15 A2 DEBARMENT AND SUSPENSION A2.1 SOURCE 2 CFR part 180 (Subpart C) 2 CFR part 1200 DOT Order 4200.5 A2.2 APPLICABILITY The sponsor must verify that the firm or individual that it is entering into a contract with is not presently suspended, excluded, or debarred by any Federal department or agency from participating in federally assisted projects.The sponsor accomplishes this by: 1) Checking the System for Award Management (SAM.gov)to verify that the firm or individual is not listed in SAM.gov as being suspended, debarred, or excluded; 2) Collecting a certification from the firm or individual that it is not suspended, debarred, or excluded; and 3) Incorporating a clause in the contract that requires lower tier contracts to verify that no suspended, debarred, or excluded firm or individual is included in the project. Contract Types—This requirement applies to covered transactions, which are defined in 2 CFR part 180. AIP funded contracts are non-procurement transactions, as defined by §180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects. Use of Provision— No mandatory language provided. The following language is acceptable to the FAA in meeting the intent of this requirement. If the sponsor uses different language, the sponsor's language must fully satisfy the requirements of 2 CFR part 180. For professional service agreements, sponsor may substitute bidder/offeror with consultant. A2.3 SOLICITATION CLAUSE A2.3.1 Bidder or Offeror Certification CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. A2.3.2 Lower Tier Contract Certification CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not Page 4 of 15 presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Page 5 of 15 A3TRADE RESTRICTION CERTIFICATION A3.1 SOURCE 49 USC§50104 49 CFR part 30 A3.2 APPLICABILITY Unless waived by the Secretary of Transportation, sponsors may not use AIP funds on a product or service from a foreign country included in the current list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR). Contract Types—The trade restriction certification and clause applies to all AIP funded projects. Use of Provision—MANDATORY TEXT. 49 CFR part 30 prescribes the language for this model clause. The sponsor must include this certification language in all contracts and subcontracts without modification. A3.3 SOLICITATION CLAUSE TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract,the Offeror— 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S.firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17,no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or Page 6 of 15 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,in good faith,the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. Page 7 of 15 A4 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES A4.1 SOURCE 31 USC§ 1352—Byrd Anti-Lobbying Amendment 2 CFR part 200, Appendix II(J) 49 CFR part 20, Appendix A A4.2 APPLICABILITY Consultants and contractors that apply or bid for an award of$100,000 or more must certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Contract Types—The sponsor must incorporate this provision into all contracts exceeding$100,000. Use of Provision — MANDATORY TEXT. Appendix A to 49 CFR Part 20 prescribes language the sponsor must use. The sponsor must incorporate this provision without modification. A4.3 CONTRACT CLAUSE CERTIFICATION REGARDING LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Page 8 of 15 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 9 of 15 A5TAX DELINQUENCY AND FELONY CONVICTIONS A5.1 SOURCE Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts. DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions A5.2 APPLICABILITY The sponsor must ensure that no funding goes to any contractor who: • Has been convicted of a Federal felony within the last 24 months; or • Has any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted. Contract Types—This provision applies to all contracts funded in whole or part with AIP. Use of Provision—The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language,the sponsor's language must fully satisfy the requirements of DOT Order 4200.6. A5.3 CONTRACT CLAUSE CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark(✓) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation,it will incorporate this provision for certification in all lower tier subcontracts. Certifications 1) The applicant represents that it is ( )is not( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The applicant represents that it is ( )is not( )is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations,the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official(SDO)that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner,who will then notify the FAA Airports District Office,which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Page 10 of 15 Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twentyfour (24)months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Page 11 of 15 A6TERMINATION OF CONTRACT A6.1 SOURCE 2 CFR§ 200 Appendix II(B) FAA Advisory Circular 150/5370-10, Section 80-09 A6.2 APPLICABILITY Contract Types—All contracts and subcontracts in excess of$10,000 must address termination for cause and termination for convenience by the sponsor.The provision must address the manner(i.e. notice, opportunity to cure, and effective date) by which the sponsor's contract will be affected and the basis for settlement (i.e. incurred expenses, completed work, profit, etc.). Use of Provision— Termination for Default—MANDATORY TEXT. Section 80-09 of FAA Advisory Circular 150/5370- 10 establishes standard language for Termination for Default under a construction contract. The sponsor must not make any changes to this standard language. Termination for Convenience— No mandatory text provided. The sponsor must include a clause for termination for convenience.The following language is acceptable to the FAA and meets the intent of this requirement. If the sponsor uses different language,the sponsor's language must fully satisfy the requirements of Appendix II to 2 CFR part 200. Equipment, Professional Services, and Property—No mandatory text provided.The sponsor may use their established clause language provided that it adequately addresses the intent of Appendix II(B)to Part 200,which addresses termination for fault and for convenience. A6.3 CONTRACT CLAUSE A6.3.1 Termination for Convenience TERMINATION FOR CONVENIENCE (CONSTRUCTION&EQUIPMENT CONTRACTS) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination,except as explicitly directed by the Owner,the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession. Page 12 of 15 Owner agrees to pay Contractor for: 1) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; 2) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor,materials, or equipment as required by the contract documents in connection with uncompleted work; 3) reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4) reasonable and substantiated expenses to the Contractor directly attributable to Owner's termination action. Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES) The Owner may,by written notice to the Consultant,terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination,except as explicitly directed by the Owner,the Contractor must immediately discontinue all services affected. Upon termination of the Agreement,the Consultant must deliver to the Owner all data, surveys,models, drawings, specifications, reports,maps,photographs,estimates, summaries, and other documents and materials prepared by the Engineer under this contract,whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. A6.3.2 Termination for Default TERMINATION FOR DEFAULT(CONSTRUCTION) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions,rights, and remedies associated with Owner termination of this contract due to default of the Contractor. TERMINATION FOR DEFAULT(EQUIPMENT) The Owner may,by written notice of default to the Contractor,terminate all or part of this Contract if the Contractor: 1. Fails to commence the Work under the Contract within the time specified in the Notice-to- Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract,including any Owner approved extensions; Page 13 of 15 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy. If one or more of the stated events occur,the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause.At the Owner's discretion,the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within [10] days of the receipt of notice,the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner,the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default. Owner will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed,the Owner determines that the Contractor was not in default,or that the delay was excusable,the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner. The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract. TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES) Either party may terminate this Agreement for cause if the other parry fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach,the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination,the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement,the Consultant must deliver to the Owner all data, surveys,models, drawings, specifications, reports,maps,photographs, Page 14 of 15 estimates, summaries, and other documents and materials prepared by the Engineer under this contract,whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action,the Owner determines the Consultant was not in default of the Agreement,the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part,if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof,by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement,the Consultant may,without prejudice to any rights and remedies it may have,proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of termination due to Owner breach,the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Page 15 of 15 lose 0 F U NCORPOR I'. AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey E. Edmonds, P.E. Director of Engineering Services ieffreye(a)cctexas.com 361-826-3851 Nicholas Winkelmann, P.E., Director of Water Systems and Support Services nickw�cctexas.com (361) 826-1796 Land Purchase of a 1.291-acre Tract of Land for the Calallen Elevated Storage Tank CAPTION: Motion authorizing execution of a real estate sales contract with Calallen Retail Properties LP in the amount of $525,000.00 plus estimated closing costs in the amount of$10,000.00 for the acquisition of 1.291 acres of land, located at 3802 FM 1889, Corpus Christi for the Calallen Elevated Storage Tank project, with FY 2025 funding available from the Water Capital Fund. SUMMARY: The acquisition of this 1.291-acre tract of land is required for a new elevated storage tank and establishment of a separate pressure plane which will enable the Corpus Christi Water(CCW) to improve water system resiliency and reliability for the Calallen area. BACKGROUND AND FINDINGS: Corpus Christi Water (CCW) currently operates O.N. Stevens Water Treatment Plant which provides water to two pressure planes that make up the Corpus Christi water distribution system. Pressure Plane 1 includes all areas of the city on the mainland whereas Pressure Plane 2 includes all areas of the City on Padre Island. The Calallen area which is currently included in Pressure Plane 1 has the highest elevations and correspondingly the lowest distribution system pressures in this pressure plane. The improvements included in this project will provide a more resilient water system for the area resulting in improved system pressure. In November 2024 City Council approved a design contract to STV Inc. in the amount of $2,450,854.40 for the water system upgrades associated with improving system resiliency and reliability for the Calallen area. The design of this project is expected to be completed in March of 2026. Major portions of this project will include the installation of a new twenty-four-inch (24") PVC water supply line from plant operations to a new pumping station, construction of a new pumping station and ground storage tank located at the O.N. Stevens Water Treatment Plant, twenty-four inch (24") PVC water line from the pumping station to a connection point at Leopard and Hearn Rd., extension of an existing sixteen inch (16") PVC water line along Hwy 77, and the construction of a new elevated storage tank which is expected to be advertised for bid in April 2026. The proposed property for the elevated storage tank is in the Calallen area at 3802 FM 1889, near the intersection of Northwest Blvd. (Nueces River Irrigation Park, Block 2, Lot 24). Hydraulic modeling was conducted to prove that this site is appropriate and feasible for the new pressure plane. Additionally, this site is adjacent to a newly installed sixteen-inch water line. The parcel had an appraised value at $590,000.00 conducted on January 31st, 2025. The price of$525,000 was negotiated and agreed upon. Enclosed is a copy of the Real Estate Sales Contract. Approval of this item would allow for the purchase of the parcel for the elevated storage tank, which is necessary for these water system improvements. ALTERNATIVES: The alternative is not to purchase the land for the proposed Calallen Elevated Storage Tank. This decision would delay the infrastructure improvements for the Calallen area FINANCIAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2025 is an amount of$535,000.00, with funding available through the Water Capital Fund. This project is part of the Elevated Water Storage Tanks — City-Wide project in the FY25 Capital Budget. The funds required for the project will be transferred from Capital Equipment, which has a balance of $400,000.00 and the remaining $135,000.00 will be transferred from the construction funds. Fund: Water 2024 CIP (Fund 4491) Department: Water (45) Org: Grants & Capital Projects Funds (89) Project: 24040 Calallen Elevated Storage Tank- Pressure Plane. Account: Land and Right-of-way CIP (550701) Activity: 24040 Amount: $535,000.00 RECOMMENDATION: Staff recommend purchasing the 1.291-acre tract of land for the improvement of water volume and quality in the Calallen area from Calallen Retail Properties LP in the amount of $525,000.00 plus estimated closing costs in the amount of$10,000.00. LIST OF SUPPORTING DOCUMENTS: Title Commitment Appraisal Real Estate Sales Contract Capital Improvement Plan 2025 thr" 2027 City of Corpus Christi, Texas Project# E16290/20267 Project Name Elevated Water Storage Tanks- City-Wide Type Improvement/Additions Department Water Corpus Useful Life 40 years Contact Director of Water Utilities Ch r isti Wdw - Category Water Distribution Priority Priority Level I ► Serving theCh, Council District City-Wide Status Active Description The existing Elevated Storage Tanks(EST)have inadequate volume and elevation to meet minimum storage and pressure requirements as defined by Texas Commission on Environmental Quality(TCEQ).The plan to meet these requirements is outlined below: FY24:Complete Construction of the Flour Bluff EST.Begin design of new Calallen EST,corresponding Calallen pump station located at ON Stevens WTP,and necessary water line improvements.Demolish Morgan EST. FY 25:Complete Construction of new Calallen EST,pump station,and water line improvements.Demolish old EST at Flour Bluff on Division Road. FY 26:Begin design of new EST at a yet to be determined site pending review and hydraulic modeling. FY 27:Begin construction of new EST at a yet to be determined site. FY 28:Complete construction of new EST at a yet to be determined site. FY 29:Demolish existing Alameda and Gollihar ESTs. This project continues into the long-range plan. Justification This project is necessary to increase overall storage capacity help manage water pressure increase resiliency and reliability in the system and allow the city to meet its commitment to TCEQ`s alternative capacity requirements. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 18,900,872 11,000,000 4,000,000 10,000,000 43,900,872 Design 1,213,920 800,000 500,000 470,000 2,983,920 Capital Equipment 750,000 400,000 300,000 1,450,000 Eng,Admin Reimbursements 2,139,373 700,000 450,000 500,000 3,789,373 Total 23,004,165 12,900,000 5,250,000 10,970,000 52,124,165 Funding Sources Prior Years 2025 2026 2027 Total Revenue Bonds 23,004,165 12,900,000 5,250,000 10,970,000 52,124,165 Total 23,004,165 12,900,000 5,250,000 10,970,000 52,124,165 Budget Impact/Other 71 The implementation of this project will allow for compliance with regulatory requirements as well as increasing storage capacity.Increased gravity fed water into the system will reduce strain on the pumping infrastructure and can reduce maintenance costs over time. 365 ♦�. .. . .tit • •/�'t•'�/t�• u t•�u r._t� Poo Ap . . �°7 try �•.. —w mot•• � 7 /,•s - �. 7-7- APPRAISAL REPORT VACANT LAND 3802 Farm to Market 1889, Corpus - - •unty, Texas 78410 CLIENT r .J lowerypa.com February 12,2025 Bobby C. Harraid, Jr.The City of Corpus Christi Property & Land Acquisition Manager 1201 Leopard Street, 78401 Corpus Christi,Texas 78469-9277 VACANT LAND 3802 Farm to Market 1889, Corpus Christi, Nueces County,Texas 78410 In accordance with your request and authorization,we have completed an Appraisal Report of the captioned property for the purpose of developing an opinion of the market value of the subject property. If is our intent to comply with 12 CFR,Subpart C-Subsection 34.42(g), Department of the Treasury, Office of the Comptroller of the Currency, as well as the Uniform Standards of Professional Appraisal Practice (USPAP) and FIRREA. If should be noted that the undersigned have experience in appraising properties considered similar to the subject, in the subject market area, and therefore comply with the Competency Rule as outlined in USPAP. The following report, plus the Addenda, sets forth our findings and conclusions. Maps, plats and photographs that are considered essential to explain the reasoning followed in making the appraisal have been included and the conclusions are expressed therein.Also,no hazardous materials or waste were noted upon inspection of the subject property. Please refer to the Basic Assumptions and Limiting Conditions section of this report. USPAP Standards Rule 1-2(h) states that an appraiser must identify the scope of work necessary to complete an assignment.The scope of work is acceptable when if is consistent with: (1) the expectations of participants in the market for the same or similar appraisal services; and (2) what the appraiser's peers' actions would be in performing the same or similar assignment in compliance with USPAP. In the case of the subject property, both of these USPAP criteria have been met. NOTEWORTHY POINTS ■ The subject of the report is a vacant tract of land consisting of 1.29-acres (56,236 SF). ■ The subject property has been listed on the market since June 2022,for$899,776 ($16.00/SF) by Lynann Pinkham with Cravey Real Estate (361.288.3102).The listing price is considered to be above market in order to allow room for negotiations.The subject is not currently under contract of sale. ■ If is noted that the Sales Approach was utilized for this report.The omission of the Cost and Income Approaches to value is not considered to, in any way, reduce the reliability of the value conclusions herein. The Cost Approach was not considered applicable due to the lack of improvements located on the subject site. The Income Approach was not considered to be applicable given the subject is a non-income producing property. The appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Standards of Professional Appraisal Practice, led us to develop the opinion of market value of: VALUE CONCLUSION Status Interest Date Value 1 As Is Fee Simple January 31,2025 $590,000 Support and explanation for our value conclusion is explained in detail in the contents of the attached report. It has been a pleasure to assist you,and if we can be of service to you in the future, please let us know. Lowery Property Advisors, LLC MARIO CARO,MAI,AI-GRS,SR/WA BRENT ELLIOTT,MAI,AI-GRS Texas State Certified General Real Estate Appraiser Texas State Certified General Real Estate Appraiser Certificate No.TX1334889-G Certificate No.TV380674-G mario@lowerypa.com brent@lowerypa.com /#1 xLtt� JEFFREY K.WALTERS Texas State Certified General Real Estate Appraiser Certificate No.TV 380924-G jeff@lowerypa.com 57 LIM CONTENTS SALIENTDATA................................................................................................................................................................... 1 SUBJECTPHOTOS............................................................................................................................................................. 2 INTRODUCTION ................................................................................................................................................................ 4 SCOPEOF WORK............................................................................................................................................................. 5 REGIONAL......................................................................................................................................................................... 6 NEIGHBORHOOD........................................................................................................................................................... 10 DEMOGRAPHICS............................................................................................................................................................ 15 ECONOMICUPDATE...................................................................................................................................................... 18 SITEDESCRIPTION........................................................................................................................................................... 26 PROPERTYHISTORY........................................................................................................................................................ 38 REALESTATE TAXES......................................................................................................................................................... 39 HIGHEST & BEST USE ....................................................................................................................................................... 40 LANDVALUATION.......................................................................................................................................................... 42 RECONCILIATION........................................................................................................................................................... 52 MARKETING / EXPOSURE TIME ...................................................................................................................................... 53 ASSUMPTIONS & LIMITING CONDITIONS...................................................................................................................... 54 CERTIFICATION............................................................................................................................................................... 56 ADDENDUM.................................................................................................................................................................... 57 SALIENT DATA CORPUS CHRISTI•TEXAS VACANT LAND SALIENT DATA GENERAL Dates of Valuation January 31, 2025 "As Is" Date of Inspection January 31, 2025 Property Rights Fee Simple SITE Location East line of Farm to Market 1889, south of Northwest Boulevard. The address associated with the subject is 3802 Farm to Market 1889, Corpus Christi, Texas 78410. Site Description The subject site consists of 1.29-acres (56,236 SF) that is generally rectangular in shape with generally level topography. No flood plain is noted. Reader is referred to the Site Description section for further details. Legal Description Lot 24, Block 2, Nueces River Irrigation Park, an Addition to the City of Corpus Christi, Nueces County, Texas. Zoning "CG -2" -General Commercial District; Deed Restrictions IMPROVEMENTS General Description None. HIGHEST & BEST USE As Vacant Commercial development. LPA 2025.01.396 PAGE 1 SALIENT DATA CORPUS CHRISTI•TEXAS VACANT LAND SUBJECT PHOTOS 6=w = I u J K LPA 2025.01.396 PAGE 2 SALIENT DATA CORPUS CHRISTI•TEXAS VACANTLAND AERIAL i w 't SO r r Pop , R, � N LPA 2025.01.396 PAGE 3 INTRODUCTION CORPUS CHRISTI•TEXAS VACANT LAND INTRODUCTION This is an Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. Supporting documentation concerning the data, reasoning and analyses is retained in the appraisers file.The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report. Furthermore, as agreed upon with the client prior to the preparation of this appraisal, this is an appraisal as set forth by USPAP. TYPE OF VALUE The value definition employed in this report is Market Value as defined in 12 CFR - Part 34.42 (FIRREA), Department of the Treasury, Office of the Comptroller of the Currency. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: ■ Buyer and seller are typically motivated; ■ Both parties are well informed orwell advised,and acting in what they consider their own best interests; ■ A reasonable time is allowed for exposure in the open market; ■ Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and ■ The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Intended Use Purchasing decisions Intended User City of Corpus Christi and assigns Client City of Corpus Christi Interest Valued Fee Simple Date of Valuation January 31, 2025 "As Is" Date of Inspection January 31, 2025 Date of Report February 12, 2025 LPA 2025.01.396 PAGE 4 SCOPE OF WORK CORPUS CHRISTI•TEXAS VACANT LAND SCOPE OF WORK The scope of the assignment relates to the extent and manner in which research is conducted, data is gathered, and analysis is applied. In preparing this appraisal, the appraisers did the following: ■ Inspected the subject property. ■ Searched the applicable market area for comparable market data. We utilized multiple sources including but not limited to: Costar, LoopNet, area brokers, local MLS, as well as our proprietary database. ■ Interviewed landowners and local brokers familiar with the subject area and considered their insight of the current market and transactions; ■ Obtained information from surrounding counties and area jurisdictions regarding zoning, taxes, property history, flood plain, utilities, etc. ■ It is noted that the Sales Approach was utilized for this report. The omission of the Cost and Income Approaches to value is not considered to, in any way, reduce the reliability of the value conclusions herein. The Cost Approach was not considered applicable due to the lack of improvements located on the subject site. The Income Approach was not considered to be applicable given the subject is a non-income producing property. The inclusion or exclusion of approaches to value was determined by LPA and not our client. ■ To develop the opinion of value, the appraiser performed an appraisal process, as defined by the Uniform Standards of Professional Appraisal Practice. Extraordinary Assumptions & Hypothetical Conditions It is emphasized that per USPAP, "the use of extraordinary assumptions and or hypothetical conditions may have affected assignment results." These terms are defined as follows: Extraordinary Assumption, "an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions." This report is made with the following extraordinary assumption(s): ■ None. Hypothetical Condition, "a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." This report is made with the following hypothetical condition(s): ■ None. LPA 2025.01.396 PAGE 5 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND REGIONAL The subject is located in the Corpus Christi Metropolitan Statistical Area (MSA) which is located on the Texas Gulf Coast, approximately midway between Houston and the Mexican border. It is 200 miles southwest of Houston, 200 miles south of Austin, 130 miles southeast of San Antonio and 130 miles north of the Mexican border.The MSA covers three counties-Aransas, Nueces, and San Patricio. age 11II --RuM Roc fir✓ J CEat yr• almani:.a.nly Acres anew Pa ., Doyle Kr ' e Ingleside 361 r i. side rt gran -.-� Ran aY �� BAY hIfF.A' Islam , SEf4iH SI �` Om I etomia 1 , nLDUR aL� DEMOGRAPHICS According to Esri, the 2021 population estimate of the Corpus Christi Metropolitan Area is 442,600, making it the 7th largest metropolitan area in the Texas. Based on that estimate, the area gained approximately 5,300 new residents between 2020 and 2021.The main industries of the area include military,oil production,shipping, and construction. Leisure and hospitality industries are also important to the area, as the coast attracts many tourists. LPA 2025.01.396 PAGE 6 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND ECONOMICS Corpus Christi MSA Corpus Christi's economy has paused in recent months, with job growth slowing nearly to a halt. Professional services and government have been especially weak, declining since August. However, core manufacturing is advancing a bit faster than most other industries. The unemployment rate has been relatively steady in the range of 4.5%, more than 0.5 percentage point higher than the national rate. The labor force has stopped rising in recent months after gaining earlier in 2023, but it remains above where it was in early 2020. Housing market data have been mixed. Manufacturing was weak in 2023, but the chances of a rebound in 2024 are beginning to improve. Petrochemical refining as well as equipment and supplies related to drilling makes up the bulk of local production. From the peak in March 2022 through mid-2023, oil prices fell by approximately $50 per barrel, setting in motion a decline in Texas' active drill rigs throughout 2023. The subsequent price gyrations only added to uncertainty, further subduing exploration. On the positive side, exploration companies have been able to boost production of existing wells via improvements in productivity. The forecast is for West Texas Intermediate to rise back into the mid-$80 per barrel range this year, the expectation is that once companies are confident prices will remain elevated, the industry will revive. Separately, in early 2023, Tesla began constructing a lithium-refining facility near Corpus Christi that will support the production of batteries for electric vehicles. The company projects that the plant will be operational in 2024, initially resulting in a few hundred permanent jobs. In the meantime, the facility's construction is adding an additional 500 or more jobs. The logistics industry should continue the recovery that began toward the end of 2023 following a decline through most of the year. One factor behind the recovery is that the Port of Corpus Christi Ship Channel is working on an expansion after receiving federal funding at the end of 2022. Completion is expected this year, resulting in a wider and deeper port better able to accommodate rising export flows of energy and agricultural products. Further, Cheniere is planning a 12 million-ton per year expansion of its local natural gas liquefaction facility. A driver of this activity has been Russia's invasion of Ukraine, which led European and other natural gas importers to seek alternative sources of supply. As a result, in 2022, the U.S. became the world's second-largest exporter after Qatar. LPA 2025.01.396 PAGE 7 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND Residential construction rebounded modestly from its sharp contraction in 2022, but still-elevated mortgage rates will limit further gains in 2024. After house prices fell in the first half of 2023, prices have begun to rise moderately. But demographics will curb gains in housing in the longer term. In particular, there has been no population growth in recent years. One reason is that because the number of high-wage jobs is only half the national share, out-migration occurs as workers search for better jobs elsewhere. Another constraint is that the number of adults with a bachelor's degree is only two-thirds the national share, limiting the metro area's attractiveness for employers considering relocation. Strengths ■ Port of Corpus Christi expansions lead to growth in exports. ■ Rising demand for LNG boosts the distribution industry. Weaknesses ■ Lack of well-paying jobs accelerates outmigration as residents relocate to larger metro areas such as Dallas and Houston. ■ Uncertainty surrounding oil prices causes oil companies to hold back on investment. 2019 2020 2021 2022 2023 INDICATORS 2024 2025 2026 2027 2028 26.8 25.5 27.7 26.8 27.3 Gross metro product (C12$bil) 28.2 28.8 29.6 30.4 31.3 0.4 -5.1 8.5 -3.0 1.8 %change 3.2 2.2 2.6 2.9 3.0 193.9 181.3 183.9 190.3 194.8 Total employment (ths) 197.5 199.5 201.0 202.4 203.9 0.3 -6.5 1.4 3.5 2.4 %change 1.4 1.0 0.8 0.7 0.7 4.3 9.1 7.1 4.9 4.5 Unemployment rate (%) 4.2 4.2 4.2 4.1 4.1 6.0 4.7 10.5 2.2 6.7 Personal income growth (%) 4.4 4.4 4.4 4.5 4.5 55.5 57.3 58.9 61.4 64.0 Median household income ($ths) 66.1 68.3 70.7 73.3 75.9 445.7 446.0 447.8 451.4 455.1 Population (ths) 458.2 460.9 463.5 466.1 468.6 -0.2 0.1 0.4 0.8 0.8 %change 0.7 0.6 0.6 0.6 0.6 -2.5 -0.6 1.7 3.2 2.6 Net migration (ths) 1.9 1.7 1.6 1.7 1.8 1842.0 1819.0 2423.0 2092.0 1894.4 Single-family permits (#) 1377.1 1484.9 1600.5 1599.4 1571.2 214.0 277.0 366.0 5.0 67.8 Multifamily permits (#) 451.0 442.0 472.4 494.0 484.1 3.0 4.6 12.0 14.3 3.0 FHFA house price (1995Q1=100) 1.4 -0.9 -0.1 1.1 2.1 Moody's Analyics LPA 2025.01.396 PAGE 8 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND MAJOR ATTRACTIONS Corpus Christi is a popular tourist destination because of its mild climate and location. It is the most frequented vacation destination in Texas with 10.61 million annual visitors.Most visitors are the traditional summer beach visitors and "Winter Texans" which pump an estimated$1.35 billion annually into the local economy. Corpus Christi convention activity is focused in the area at the north end of Shoreline Boulevard near the Harbor Bridge. The American Bank Center Convention Center events support a number of hotels in the downtown Bay Front area.The center(located at 1901 N. Shoreline Boulevard-north of IH 37 and east of US 181) opened in late 2004 and features a 2,526-seat auditorium, a sports arena seating 10,500 and meeting and exhibition space.The sports arena is home to Corpus Christi's Ice-rays hockey team and the Texas ABM - Corpus Christi University basketball teams. Whataburger Field is home to the Corpus Christi Hooks, the Double-A affiliate of the Houston Astros. TRANSPORTATION Corpus Christi International Airport The Corpus Christi International airport serves the coastal bend of Texas.The four airlines that serve CCIA are American, Southwest, and United Airlines. These airlines provide direct flights to both airports in Houston as well as in Dallas. Port of Corpus Christi The Intracoastal Waterway and the Port of Corpus Christi make Corpus Christi a major transportation and bulk cargo center. The port is the 8th largest in the nation in terms of annual tonnage and is located mid-way along the Texas coast on the Gulf of Mexico (approximately 150 miles north of the United States/Mexico border) just north of IH 37 and the Central Business District (CBD). Low-cost barge transportation is available on this 1,177-mile waterway that links Corpus Christi with 9,812 miles of commercially navigable waterways in the mid-continent regions of the Mississippi River and its tributary systems as well as 2,500 miles of waterway along the Gulf of Mexico. The Texas Department of Transportation The main thoroughfares that serve the area are 1-37,which provides easy access to San Antonio, State Highway 35, which connects the area to Houston, and US Highway 77, which connects �;�, r the area to the Rio Grande Valley. Other important roadways include State Highways 358 and a�7r sponrirM 361, which connect the city to Padre Island. CONCLUSION Corpus Christi will improve slowly in 2024 as the energy and distribution industries recover. Longer term, weak population growth and other structural factors will constrain growth. PA 2025.01.396 PAGE 9 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND NEIGHBORHOOD A neighborhood is typically a segment of a community, city or town which is a homogeneous grouping of individuals, buildings or business enterprises within the larger community. A neighborhood has three stages of life and possibly a fourth. They are (1) integration (the development stage), (2) equilibrium (the static stage), (3) disintegration (the declining or decaying stage), and possibly (4) a redevelopment or rejuvenation state or period and continuance of the neighborhood life cycle. 0 Meansv-.le"emet"" - n 0 0 Sfi 5 Matthwest Bryd Hazel Bazemore Lone Star Defense -Calallen Park ris Barbecue® Journey-C.hurch� Northwest BPvtl �/(///�J CAL L' LEN La Qunta Inn&Suites SUBJECT fig by Wyndham Corpus.. sz o'D Q ® '®Texas Department c +H-E-B Public Safety Driver. �a ss Mike Shaw Toyota aa� Memorial Park 1694 West J5 ae lees 40 ae Tuloso-Midway g Guth Park a High School® F7-71 a 5TX Bee fig 0 Nueces County ' a North Park az as North San fi94 LPA 2025.01.396 PAGE 10 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND T LOCATION The subject property is located in the City of Corpus Christi, Nueces County,Texas. The subject neighborhood is best defined by use patterns, as well as the location of major thoroughfares and natural boundaries. Neighborhood boundaries are generally defined as the land area within North Beach and by the Corpus Christi Bay and Corpus Christi ship channel to the north, Corpus Christi Bay to the east, McGee Beach to the south, and State Highway 286 to the west. GENERAL INFO Corpus Christi is a coastal city in the South Texas region, which is 130 miles southeast of San Antonio. Corpus Christi has a population of 327,423 people with a median age of 35.7 and a median household income of$57,387. Between 2016 and 2021 the population of Corpus Christi grew from 325,734 to 327,423, a 0.52% increase and its median household income grew from $54,344 to$57,387, a 5.60% increase. This city is home to a number of popular destinations for both tourist and residents. Most of the local economy is driven by tourism and the oil and petrochemicals industry.The city's location provides opportunities for water sports and nature tourism. Some of the most visited attractions are located on North Beach, where the Texas State Aquarium and the USS Lexington Museum on the Bay are located. The Port of Corpus Christi, which is the fifth largest U.S. Port and deepest inshore port on the Gulf of Mexico, handles mostly oil and agricultural products. Corpus Christi is home to several institutions of higher learning such as Texas A&M University-Corpus Christi, De Mar College, and numerous vocational schools. The city has six school districts which provide primary and secondary education for residents. The market area is a combination of vacant land, single-family residential, retail, multifamily, office and industrial uses. Retail/commercial development is primarily located along major thoroughfares such as SH 358 (South Padre Island Drive). Residential uses are located on secondary thoroughfares. PA 2025.01.396 PAGE 11 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND CORPUS CHRISTI DOWNTOWN Corpus Christi's Downtown/Bayfront area has great hotels,some of the city's finest dining options, a marina and museums. The Marina Arts District in downtown features excellent eateries, art, original music and festivals. The Sports, Entertainment and Arts District (SEA District) is located at the southern edge of the Corpus Christi Ship Channel.The SEA District includes the Museum of South Texas, the Corpus Christi Museum of Science and History, Concrete Street Amphitheater and Hurricane Alley Waterpark. Whataburger Field, home to the Corpus Christi Hooks (Double-A affiliate of the Houston Astros), is also located in the SEA District. McGee Beach is located on the downtown seawall and offers a beach that is perfect for children and fishing along the jetties. The Mirador de la Flor is located on the Corpus Christi Bayfront Seawall which is located at the Peoples Street T-Head and is popular among tourists. Selena Quintanilla Perez was an acclaimed Tejano singer born in Corpus Christi whose life and - music touched the community and many people around the - G world. The life size-bronze statue was sculpted by H.W. "Buddy" Tatum, a well-known Corpus Christi artist. 4 � saw r+ - Established in 1923, the Corpus Christi Yacht Club is located in Downtown Corpus Christi along Coopers Alley.The two-story private club is equipped with a full-service restaurant/bar and outdoor pool which hosts various events such as weddings, luncheons, and social gatherings. The Yacht Club regularly hosts regattas and offers a + learn-to-sail program to both members and non-members between ages 6-18. This allows students to learn about water safety, rigging techniques, sailing skills, knots, and weather before venturing outside of the club's marina by the end of season. LPA 2025.01.396 PAGE 12 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND NAVAL AIR STATION CORPUS CHISTI NAS Corpus Christi was commissioned on March 12, 1941 after :._ a board found that a lack of training facilities capable of meeting an emergency demand for pilots constituted a grave situation. NAS CC provided intermediate flight training in World War II, training naval pilots to fly SNJ, SNV, SNB, OS2U, PBY, and N3N airplanes. In 1944 it was the largest naval - aviation training facility in the world. The facility covered 20,000 acres, had 997 hangars, shops, barracks, warehouse and accessory buildings. Today, Training Air Wing FOUR produces approximately 400 newly qualified aviators each year via the "Maritime Pipeline" for shore-based US Navy, US Marine Corps and US Coast Guard fixed—wing jet and turboprop aircraft. Training Air Wing FOUR consists of four squadrons which handle training in the T-613 Texan II, a single engine turboprop aircraft and advanced training in the twin engine T-44C Pegasus aircraft. NAS Corpus Christi is also home to the Corpus Christi Army Depot, the largest helicopter repair facility in the world. In 2017, Frazier started planning Lighthouse Pointe, a $25 million project at the tip of North Beach on the west side of U.S. Highway 181, across from the subject property.The complex will feature 159 luxury one, two, and tree-bedroom apartment 1AW ►aa units, eight townhomes, a marina, spa, restaurant, chapel and a 136-foot Texas _- lighthouse. ACCESS Access to the subject neighborhood is considered good due to its close proximity to U.S. Highway 181 to the west. U.S. Highway 181 originates in downtown Corpus Christi and connects Corpus Christi to Portland and extends far northwest to San Antonio. Interstate 37 is to the south of the subject which provides a direct link to both Interstate Highway 35 and Interstate Highway 10 in San Antonio. Interstate 69E/ US Highway 77 connects the city to Brownsville to the south and Victoria and Waco to the north. Texas State Highway 44 is a main thoroughfare that connects Corpus Christi to Laredo and the western part of South Texas by way of Interstate 69W / US Highway 59, Interstate 35, and US Highway 83. The inner-city public transportation is provided by Corpus Christi Regional Transportation Authority with its bus route. Other primary thoroughfares include Highway 286 (Crosstown Expressway) and Highway 358 (South Padre Island Drive). PA 2025.01.396 PAGE 13 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND UTILITIES The majority of the city of Corpus Christi is adequately served by all the typical utilities, including water, sewer, electric service, natural gas,septic and public telephone. Major utility companies servicing the neighborhood include the City of Corpus Christi and TXU Electric Company. NUISANCES & HAZARDS Nuisances and hazards are limited in the subject neighborhood. Vibration, smoke, smog, odors and intense noise are basically related to vehicular traffic along the major thoroughfares. As in any area, traffic density poses problems ranging from congestion to noise. These problems are not severe and are a natural part of most communities. LIFE CYCLE Each neighborhood has a unique and dynamic quality all its own, given man's unique imagination, design and development of an area. This quality is described as a "life cycle,"which is identified in The Appraisal of Real Estate as evolving through the following four stages. Growth Neighborhood gains public favor and acceptance Stability Equilibrium without marked gains or losses Decline Diminishing demand Revitalization Renewal, modernization and increasing demand Overall, the subject neighborhood appears to be in the stability period of its life cycle. Land prices have increased.The immediate area is a well-established area within the city of Corpus Christi and is considered to be approximately 70%developed. Properties appear to range in age from new to over 50 years. CONCLUSION The subject neighborhood is located in the Calallen area of Corpus Christi, Nueces County, Texas. Demand for virtually all types of real estate in this area has been mostly stable in recent years. The future growth of the neighborhood relies heavily upon the strength of the economy and the overall strength of the real estate market within the entire Corpus Christi area. The subject property displays good locational attributes in the defined neighborhood and should benefit from any positive economic conditions experienced by the immediate area. LPA 2025.01.396 PAGE 14 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND DEMOGRAPHICS The following pages summarize data generated by the STDB. �es • THE SUENCE OF WHERE' 14600-14698 Northwest Blvd Preparec by Esri 14600-14698 Northwest Blvd,Corpus Christi,Texas,78410 Rings: 1,3, 5 mile radii r` Aw y41 i q / 6�xA.� �JcV `t • i ea 1 ij ).F 1 J3 ;� t . mI LPA 2025.01.396 PAGE 15 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND 0�esri Demographic and Incom- Profile THE SCIENCE OF WHERE' 14600-14698 Northwest Blvd Prepared by Esri 14600-1469S Northwest Blvd,Corpus Christi,Texas, 78410 Latitude: 27.85834 Ring: 5 mile radius Longitude: -97.65166 Summary Census2010 Census2020 2024 2029 Population 34,827 35,335 35,537 35,483 Households 11,829 12,374 12,711 13,046 Families 9,194 9,146 9,150 9,330 Average Household Size 2.92 2.84 2.78 2.71 Owner Occupied Housing Units 8,240 8,330 8,780 9,323 Renter Occupied Housing Units 3,589 4,044 3,931 3,723 Median Age 35.2 37.4 38.1 38.6 Trends:2024-2029 Annual Rate Area state National Population -0.031/u 1.09% 0.380/u Households 0.521/u 1.36% 0.640/u Families 0.391/u 1.26% 0.56% Owner HHs 1.211% 1.82% 0.97% Median Household Income 3.021% 2.65% 2.95% 2024 2029 Households by Income Number Percent Number Percent <$15,000 1,102 8.7% 958 7.3% $15,000-$24,999 814 6.4% 630 4.8% $25,000-$34,999 916 7.2% 783 6.0% $35,000-$49,999 1,045 8.2% 891 6.8% $50,000-$74,999 2,685 21.1% 2,555 19.6% $75,000-$99,999 1,621 12.8% 1,681 12.9% $100,000-$149,999 2,082 16.4% 2,347 18.0% $150,000-$199,999 1,275 10.0% 1,751 13.4% $200,000+ 1,171 9.2% 1,451 11.1% Median Household Income $72,278 $83,871 Average Household Income $100,517 $116,723 Per Capita Income $36,068 $43,062 LPA 2025.01.396 PAGE 1 6 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND • esrr Demographic - Profile THE SCIENCE OF WHERE' 14600-14598 Northwest Blvd Prepared by Esri 14600-14598 Northwest Blvd,Corpus Christi,Texas, 78410 Ring: 5 mlle radius Trends 2024-2029 3.0 q=j 2.5 U L QJ a 2.0 C 1.5 1.0 I= 0.5 Area d 0.0 State Poilulation Households Families Owner HHs Median HH Income USA Population by Age 14 12 10 C 8 O) U 6 4 2 02024 a fLAL2029 0-4 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2024 Household Income $100K-$149K 16.4% $150K-$199K 10.0°h $75K-$99K 12.8% $200K+ 9.2% c$15K 8.7% $50K-$74K 21.1- $15K-$24K 6.40% $25K-$34K $35K-$49K 7 2% 8.2% LPA 2025.01.396 PAGE 17 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND ECONOMIC UPDATE LPA is committed to monitoring the current economic environment. The following section analyzes several current economic factors such as the lingering effects of COVID-19, inflation, gas prices, supply chain issues, unemployment, etc. and the effects on commercial real estate. COVID-19 As COVID-19 began in 2020, unemployment reached a high of 14.7%. GDP declined 34% in Q2 2020, The CARES Act, enacted shortly after the beginning of COVID, was a shot in the arm of the U.S. economy. Throughout 2020 and as we entered 2021, the economy began to ease slightly. In 2021 the U.S. began offering four vaccines: Johnson & Johnson, Pfizer, Moderna, and Novavax. Although riddled with supply chain problems and closing businesses, the unemployment rate continuously decreased to 4%where it stands as of May 2024. The U.S. government enacted various monetary and fiscal policies to assist the economy, such as $377 billion in emergency grants and loans for small businesses and decreasing the federal fund rate. Outlined below is a timeline of important events in the history of the pandemic. Jan 2020 The first instance of the coronavirus is seen in the U.S. Mar 2020 The World Health Organization declares COVID-19 a worldwide pandemic. Mar 2020 President Trump signs a$2 Trillion economic stimulus bill. Feb 2021 Pfizer, Moderna, and Johnson &Johnson vaccine all approved for emergency use. Mar 2021 Congress passes the American Rescue Plan, the largest stimulus bill to date. Mar 2022 The Federal Reserve raised interest rates for the first time since 2018 in order to combat rapid inflation. May 2023 COVID-19 Public Health Emergency officially ended May 1 1'"in the U.S. Mar 2024 FDA working towards annual COVID 19 shot,similar to annual Flu shot. Dec 2024 CDC expects similar or even lower number of COVID-19 infections for the fall-winter season LPA 2025.01.396 PAGE 18 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND UNEMPLOYMENT The COVID-19 pandemic accelerated already emerging trends in slow labor force growth and higher demand for skilled labor. The number of jobless claims skyrocketed in March 2020, when the pandemic officially began, with official unemployment numbers reaching 23.1 million or 14.7%. Unemployment has steadily declined over the following months, with the unemployment rate as of July 2023 recorded at 3.5%, which is back to pre-pandemic levels. In 2022, US employers added a total of 4.5 million new jobs,which is the second strongest year in the past 40 years after 2021. The majority of the new jobs were led by the leisure and hospitality industry as well as professional and business services. Despite the low unemployment rate and job creations, industries are still having problems being understaffed as people used COVID-19 to change jobs and careers, leaving holes in the industries they've left behind.Career changes and the need to work remotely have led to a worker shortage, especially in the food service and hospitality industries. The chart below shows the monthly unemployment rate since January 2022. UNEMPLOYMENT RATE 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% N N N N N N (y) (y) (y) (y) (y) N N N N N N N N N N N N N N N N N N N z °�' z °�' z Federal Reserve Bank of St. Louis LPA 2025.01.396 PAGE 19 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND INFLATION Inflation has hit the United States hard since the beginning of 2021. Inflation is the rate of increase in prices over a given period of time. The most common form of measurement is the Consumer Price Index (CPI). This measures the percentage change in price over a "basket" of goods and services in households. According to the U.S Bureau of Labor Statistics, the annual inflation rate in the U.S. has slowed more than expected to 3.2% in July 2023 from an over 40-year high of 9.1% in June 2022. The below chart using data from the U.S. Bureau of Statistics shows the inflation rate over the last 40 years and the increase of inflation in the U.S. since April 2020, and the start of the COVID-19 pandemic. INFLATION SINCE 1982 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% -2.00% -4.00% — M Ln r, rn rn CO CO CO CO O C� C� C� C� O O O O O N N N C C C C C C C C C C C C C C C C C C C C C C LPA 2025.01.396 PAGE 20 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND GAS PRICES Since the beginning of 2022, the national average has remained above the 3 years prior and indicates a downward trend. Prices dropped 32 cents in July, and 79 cents in August. After a historic 98-day streak of falling gas prices, the average rose a penny near the end of September. The longest streak was 115 days in 2014-2015. There are several complicated, important factors involved in the increase and decrease in gas prices over the last several months.The following chart shows the national average gas price per gallon of the prior 4 years. GAS PRICES SINCE 2019 $6.00 $5.00 $3.10 $4.00 $3.00 V $2.00 $1.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 2020 2021 2022 --9-2023 — 2024 t2025 U.S. Energy Information Administration T M 1W 1W The sharp increase can be contributed to the Russia/Ukraine war as Russia is the 2nd largest exporter of oil in the world. Since beginning in February 2022, the Russia/Ukraine conflict has caused Russia to become heavily sanctioned, playing an important factor in the increase of gas prices. Although the U.S. is the world's leading gasoline producer, production has decreased since late 2019. Additionally, refineries closing at the beginning of COVID-19 have led to a decrease in operating oil refineries leading to higher demand than supply. Refineries increase their rates when demand is higher than supply due to the need of the product and the increased willingness of people to pay for that product. Some reasons for the sharp decrease in gas prices involve panic over inflation driving down prices, people driving less due to the high gas prices, and the Biden administration's release of emergency oil from the national stockpile. PA 2025.01.396 PAGE 21 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND INTEREST RATES Prime Rate is individually determined by banks and often used as a reference rate (also known as the base rate) for several types of loans. Examples of the types of loans using this rate include credit card loans and small business loans. The prime rate is used by banks to lend to consumers and are fixed and typically do not change over extended periods of time. Secured Overnight Financing Rate is a benchmark interest rate that institutions utilize for business and consumer loans. The Secured Overnight Financing Rate (SOFR) is the dominant benchmark rate after the US LIBOR panels ended on June 30, 2023. Unlike its predecessor, SOFR incorporates actual lending transaction data amongst institutions making it a more reliable source. Federal Funds Rats is set by the Federal Open Market Committee (FOMC). This rate is the target at which excess reserves are lent and borrowed amongst commercial banks overnight. This rate influences short-term rates on credit cards and consumer loans as well as piquing investors' interest by impacting the stock market. INTEREST RATES 10.00% 8.00% — 6.00% 4.00% 2.00% 0.00% N N N (N N N N N N N N N N N N N N N N N N O Q O O Q O O Q O O Q O O —SOFR —Fed Fund —PRIME llllllllN To combat higher than average inflation, rates began increasing in early 2022. However, in September 2024, federal interest rates were cut by 50 basis points for the first time in four years. A second cut of 25 basis points followed in November 2024, and a third cut of 25 basis points was implemented in December 2024, reflecting a strategic shift in monetary policy aimed at easing financial pressures. Interest rates and capitalization rates typically move in tandem. The increased cost of capital often exerts upward pressure on capitalization rates, which can, but does not always, lead to market softening. LPA remains committed to monitoring and analyzing the ongoing impact of these rate adjustments on commercial real estate markets PA 2025.01.396 PAGE 22 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND BANKING Silicon Valley Bank became the 2nd largest bank collapse in U.S. history at the time (until First Republic Bank's collapse a month later) on March 1 Ot", 2023. After the largest bank run in U.S. history, SVB was seized by the Federal Deposit Insurance Corporation (FDIC), and then sold to First Citizens Bancshares. Signature Bank became the 3rd largest bank collapse in U.S. history at the time, following SVB's collapse days prior. Unable to bounce back from the combination of the crypto exchange FTX's collapse and SVB's collapse, Signature experiences a bank run and ultimately collapses. First Republic Bank is currently the 2nd largest bank failure in U.S. history, despite the banking industry's best efforts to save it. The almost $100 Billion dollars pumped into First Republic wasn't enough to prevent them from selling assets, ultimately being seized and sold. Mar 8 2023 Silicon Valley Bank creates panic after announcing it sold$21 billion in securities at a loss. Mar 9 2023 Silicon Valley Bank clients withdraw$42 billion,creating the largest bank run in U.S. history. Mar 10 2023 As Silicon Valley Bank officially collapses,Signature Bank experiences a multi-billion dollar bank run. Mar 11 2023 The 11 largest U.S. banks give First Republic Bank$30 billion while JPMorgan Chase gives$70 billion. Mar 12 2023 Signature Bank is seized by the FDIC and assets sent to Signature Bridge Bank during the bidding process. Mar 19 2023 Signature Bridge Bank is bought by New York Community Bank and put under the Flagstar Bank subsidiary. Apr 28 2023 FDIC seizes control of First Republic Bank after it begins selling assets at a loss,causing stock to drop. May 1 2023 First Republic Bank is officially closed and sold to JPMorgan Chase. Aug 2 2023 Heartland Tri-State Bank officially becomes Dream State Bank after closing Friday,July 28t". Jan 31 2024 New York Community Bancorp (NYCB) is now experiencing trouble as stocks fell 46%and lost$252 million. May 1 2024 Fulton Bank assumes control of Republic First Bank after failed talks with investors over funding. LPA 2025.01.396 PAGE 23 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND EMERGING TECHNOLOGY Technological advancements in proptech are transforming commercial real estate operations and influencing property valuations. Smart buildings, equipped with Internet of Things (IoT) and automation, enhance energy efficiency, security, and occupant comfort, increasing their market value. These attributes are highly valued, leading to higher valuations. Proptech solutions create operational efficiencies, reducing costs and errors, and streamlining property management. These efficiencies improve financial performance, making properties more attractive to investors. By automating tasks, these technologies reduce costs and errors, leading to better financial performance and, consequently, higher property valuations. U.S. SMART BUILDING MARKET SIZE $70 $60 $50 N N N .0 $40 � m $25 $30 $20 $10 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Precedence Research The U.S. smart building market is poised for substantial growth, driven by technological advancements and strategic investments. Key details include: 2023 Market Size: Reached USD 21.69 billion. 2033 Projection: Expected to grow to USD 64.21 billion. • Growth Rate: Anticipated CAGR of 11.39%from 2024 to 2033. Y Regional Share: North America captured a 34.11%revenue share in 2023. LPA 2025.01.396 PAGE 24 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND RELOCATION TRENDS Relocation trends between states in the US significantly impact the commercial real estate sector. Population influxes in states like Texas and Florida boost demand for office spaces, retail outlets, and residential developments, leading to higher property values and rental rates. Consequently, developers and investors capitalize on these opportunities by initiating new construction projects or refurbishing existing properties to meet rising demand. States with population outflows, like New York and California, face challenges in the commercial real estate market as dynamics in office, retail, and industrial real estate rapidly evolve. U.S. RELOCATION TRENDS 2024 Growth � 1 so :y r �� Growth Index Office Sector As companies relocate or downsize, vacancies rise, reducing rental rates and property values. Landlords must innovate leasing strategies or reposition assets to attract and retain tenants. Retail Sector Retail real estate growth is slow due to declining population and consumer spending. Property owners need creative approaches to maintain occupancy and attract tenants. Industrial Sector Demand for logistics facilities is growing as e-commerce and population increase. Areas with significant population growth are seeing more investment in industrial real estate to support logistics infrastructure. CONCLUSION The current economic environment is ever changing. LPA is working diligently to capture and analyze current market data to reliably quantify impacts on real property values, national and regional. As the situation evolves, LPA is committed to monitoring current events and how they impact the commercial real estate market. PA 2025.01.396 PAGE 25 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND SITE DESCRIPTION PHYSICAL Location East line of Farm to Market 1889, south of Northwest Boulevard.The address associated with the subject is 3802 Farm to Market 1889, Corpus Christi, Texas 78410. Size / Configuration / Flood Zone The subject site consists of 1.29-acres (56,236 SF) that is generally rectangular in shape with generally level topography. No flood plain is noted. Legal Description Lot 24, Block 2, Nueces River Irrigation Park, an Addition to the City of Corpus Christi, Nueces County, Texas. Frontage / Accessibility The subject's site is considered to possess adequate access to the traffic carrier, which is a secondary traffic carrier for the area and is in good overall condition. It is noted that the subject will not have direct access to the traffic carrier. Access will be permitted through an access easement/shared drive with the adjacent properties according to the provided documents herein. Utilities Public water services and sewer services are provided by the local service districts. According to local officials, these utilities are sufficient for the development in the area. In addition, the local officials provide fire and police protection along with garbage pick-up. Electrical and natural gas are provided by the region's typical providers. At the present time, all utilities appear to be sufficient for area development patterns. Soils The site's soil appears such that its load-bearing capacity does not restrict the construction of ordinary structural improvements. No evidence to the contrary was noted during our physical inspection of the site. LPA 2025.01.396 PAGE 26 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND LEGAL Zoning / Restrictions As mentioned previously, the subject property is zoned "CG-2" - General Commercial District by the city of Corpus Christi. The subject's zoning provides for a wide variety of commercial activity such sale of convenience goods and personal services that primarily benefit nearby residential areas. Typical uses associated with this zoning district are small restaurants, retail, and professional offices. The following excerpt from the city's Unified Development Code displays the permitted uses within the subject's zoning: COMMERCIAL DISTRICTS P=Permitted Use;L=Subject to Limitations; SUE=Special Use Exception;SP=Special CN CN ON CR-1 CR-2 CR-3 C1 CG CI CBD BP Standards Permit;[blank cell]=Not Permitted 1 2 1 2 Commercial Uses Commercial Parking Uses[5.1.4.A] P P P P P P P P P P P Indoor Recreation Uses[5.1.4.13]except: P P 5P P P P P P P P P ---Bar,tavern or pub L L L L L L L L 5.2.7 ---Smoking Lounge P P P P P P P P Sexually oriented business See Section 4.6.2 Office Uses[5.1.4.C] P P P P P P P P P P P Outdoor Recreation Uses[5.1.4.D]except: SP SP P P P P P P SIP P Commercial amphitheater SIP SIR SIR SIP SIP SIP SIR SIP Overnight Accommodation Uses except: P P P P P P P P P P P ---Bed and breakfast home L L L L L L L L L 5.2.8 ---Recreational Vehicle Park L L L L L L L 6.1.2 ---Truck stop w/overnight accommodations L L L L L L L 4.6.2 Restaurant Uses[5.1.4.F] L L L P P P P P P P P 5.2.11 Retail Sales and Service Uses,sales-and service-oriented [5.1.4.G]Includes personal P P L P P P P P P P P 5.2.12 service uses except: Game Processing L L L L L L L L L P 5.2.25 Retail Sales and Service Uses,repair- P P L P P P P P P P P 5.2.13 oriented[5.1.4.G] Farmers market SP SP L L L L L L L L 5.2.9 Self-Service Storage Uses[5.1.4.1]except: L L L L L P 5.2.14 ---Boat and RV storage L L L L P 5.2.14 Vehicle Sales and Service Uses except: P P P P P ---Auto rental P P P P P P P P ---Car wash,hand-operated L L L P P P L P 5.2.21 ---Car Wash,Automated L L L L L P P P L P 5.2.21 ---Bicycle or watercraft rental P P P P P P P P ---Fuel sales L L L L L L L L L L 5.2.10 ---Vehicle service,heavy ---Vehicle service,limited L L L L L P P P P P 5.2.15 Water-Oriented Uses[5.1.4.J] P P P P P P P P Additionally, the subject property is under deed restrictions that include use and improvements size restrictions. Some of which include prohibiting the subject from grocery sales, to-go/fast food restaurants, pharmacy sales, fuel sales, and other specific restrictions as listed in the excerpt on the following pages. LPA 2025.01.396 PAGE 27 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND ARTICLE 4 Restrictive Covenants 4.1 Grocery Use Restrictions. No portion of the Developer Land will be leased, occupied or used, directly or indirectly, for the purpose of or in connection with the conduct of a food store business or food department, or for the storage,display,operation or sale of(i)edible groceries, including but not limited to meats, poultry, seafood, produce, frozen foods, dairy products, bakery products, wine, malt, alcoholic or nonalcoholic beverages, and any other items of food and beverage, (ii) health and beauty products, including but not limited to hair products and supplies, cosmetics, skin and body products,vitamins, herbs,and nutritional supplements,(iii)pet food and supplies,(iv)greeting cards, gift wrapping supplies, and party products, (v) baby apparel, supplies, and furniture, (vi) tobacco products, (vii) Iawn and garden products, barbeque grills and related equipment and supplies, (viii) fresh flowers, plants, floral supplies and products, (ix) non-prescription pharmaceuticals, (x) cellular pinonne(s) and Mated devices, cellular phone accessories, and/or cellular phone services, or any of these, (xi) prescription pharmaceuticals or other products which are required by law to be dispensed by a registered pharmacist, (xii) gasoline or other fuel for vehicles, or(xiii) check cashing, payday loan(s)or paycheck advance(s)(the items listed in (i) through (x) above being collectively referred to as the "Restricted .items"); provided, however, the following uses shall be permitted as exceptions to the foregoing restriction: (a) the "Incidental Sale"(as defined below) of Restricted Items (except fresh ineat, poultry,seafood and produce)by a store whose principal business is not a food store;the term"Incidental Sale" of Restricted Items being defined to mean that the sale of(i)any one of the Restricted Items shall not exceed ten percent(10%)of gross sales by such store, or(ii) more than one of the Restricted Items shall not exceed thirty percent(30%)of gross sales by such store in the aggregate; (b) the operation of one specialty ice cream store, gelato store or frozen yogurt store on each of the Developer Parcel and the Developer Adjacent Land, provided that the Floor Area of such store shall not exceed 2,000 square feet, and further provided that any such store shall not be located closer than 100 feet from the HEB Parcel; (c) the operation of one specialty tobacco store selling tobacco and related products, including without limitation that currently operated as "Humidor", but not a store whose principal business is the discount sale of tobacco products. One such store may be located on each of the Developer Parcel and the Developer Adjacent Land; provided that (i)the total Floor Area of any such specialty tobacco store shall not exceed 3,000 square feet, and (ii)any such store shall not be located closer than 200 feet from the HIEB Parcel; LPA 2025.01.396 PAGE 28 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND (d) the operation of one specialty coffee store on each of the Developer Parcel and the Developer Adjacent Land, including without limitation that currently operated as "Starbucks", provided that(i)the total Floor Area of any such a specialty coffee store shall not exceed 3,000 square feet, (ii)any such store shall not be located closer than 200 feet from the HER Parcel and (iii)any such store on the Developer Parcel shall not have a drive-thru without HER's prior written approval, which approval shall not be unreasonably withheld. Notwithstanding the foregoing,a specialty coffee story:with a drive-thru on Retail 2, Pad 2, or Pad 3 shall be permitted so long as (a) with respect to Pad 2, such drive-thru and related queuing is situated on the west side of any building constructed on Pad 2, and(b) with respect to Pad 3, such drive-thru and related queuing is situated on the east side of any building constructed on Pad 3; (e) the operation of restaurants as follows: (1) one or more restaurants whose principal business is the sale of prepared food for on-premises consumption, provided that (i) no restaurant whose sale of prepared food for off- premises consumption exceeds thirty percent(301/o) of any such restaurant's total gross sales may be located on the Developer Land,(ii)no restaurants shall be located in the"No Restaurant Area"situated on Retail l as depicted on the Site Plan(the"No Restaurant Area"),(iii)no individual restaurant located on each of Retail I or Retail 2 of the Developer Parcel situated outside of the No Restaurant Area shall exceed 2,700 square feet of Floor Area and the aggregate square footage of all restaurants located on Building I and Building 2 of the Developer Parcel shall not exceed 5,000 square feet of Floor Area, (iv) no restaurant(s) shall be located on Pad 1 on the Developer Parcel, as depicted on the Site Plan, (v)the Floor Area of all restaurant(s) located on Pad 2 on the Developer Parcel, as depicted on the Site Plan, shall not exceed 6,500 square feet of Floor Area, individually or in the aggregate, (vi)the Floor Area of all restaurants located on Pad 3 as depicted on the Site Plan, shall not exceed 6,500 square feet of Floor Area, individually or in the aggregate, and (vii) the aggregate Floor Area of all restaurants on the Developer Parcel shall not exceed 17,000 square feet; (2) notwithstanding subparagraph 4.1(e)(1)(ii) above, one take-out or delivery pizza restaurant on each of the Developer Parcel and the Developer Adjacent Land, including without limitation such as that currently operated by "Domino's" or "Papa John's'; provided that any such take-out or delivery pizza restaurant shall not be located closer than 100 feet from the HEB Parcel; (3) notwithstanding subparagraph 4.1(e)(1)(ii)above, one sandwich shop on each of the Developer Parcel and the Developer Adjacent Land,including without limitation such as that currently operated as a "Subway" or "Quizno's"; provided that any such sandwich shop shall not be located closer than 100 feet from the HER Parcel; (4) one fast food restaurant including without limitation McDonald's, Sonic or Wendy's,on each of Pad 2 and Pad 3,subject to the limitations set forth in paragranh 4.2(e)(l)above; (5) Notwithstanding the foregoing, (i) no restaurant permitted hereunder shall have gross sales from the sale of alcoholic beverages exceeding twenty percent (20°/o)(except that the sale of alcoholic beverages on Pad 2 and Pad 3 may be up to thirty percent(30%)); (ii)the operation of a meals-to-go business including without limitation that currently operated as "Eatzi'e, "Luby's Meals-to-Go", and "Dean and Deluca's" is expressly prohibited and shall not be permitted on the Developer Land; and(iii)the operation of a cafeteria including without limitation that currently operated as"Luby's"shall not be permitted; (f) the operation of one diet or weight control specialty store including without [imitation"WeightWatchers"on each of the Developer Parcel and the Developer Adjacent Land; LPA 2025.01.396 PAGE 29 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND (g) the sale of baby apparel,shoes,supplies and/or furniture(i)by one or more stores including without limitation that currently operated as "Beall's", "Marshall's", or "Kohl's" whose primary business is not the sale of baby apparel, supplies or furniture, or(ii)by no more than one baby boutique on each of the Developer Parcel and the Developer Adjacent Land selling baby apparel or furniture (but not supplies) provided that the total Floor Area of each such boutique shall not exceed 2,500 square feet, and that any such boutique shall not be Iocated closer than 200 feet from the HEB Parcel(except that,with respect to the Developer Adjacent Land,at least 100 feet from the HEB Parcel); (h) the sale of Iawn and garden products, barbeque grills and related equipment and supplies by a hardware store such as that currently operated as"Ace Hardware", "Tru Value"or"Sears Hardware", provided that the total floor Area of any such store located on the Developer Parcel or the Developer Adjacent Land devoted to the sale or display of barbeque grills and related equipment and supplies shall not exceed the lesser of(i) five percent (5%) of the Floor Area of such store's premises (excluding aisles) or(ii) 300 square feet(excluding aisles); and, the sale of lawn and garden products, barbeque grills and related equipment and supplies by a home improvement discount center such as that currently operated as"Home Depot"or"Loaves",provided that,no such store may be located closer than 200 feet from the HEB Parcel(except that,with respect to the Developer Adjacent Land,such store shall not be closer than 100 feet frorn the HEB Parcel); W the operation of one specialty book store, including without limitation"Barnes& Noble", provided that, no such store may be located closer than 200 feet from the HEB Parcel (except that,with respect to the Developer Adjacent Land, such store shall not be closer than 100 feet from the HEB Parcel); 0) notwithstanding subparagraph 4.1(e)L1Hii above, the operation of one specialty non-alcoholic beverage store, including without limitation that currently operated as"Smoothie King"or "Jamba Juice"on each of the Developer Parcel and the Developer Adjacent Land, provided that such store shall not be located closer than 100 feet from the HEB Parcel; (k) the operation of one donut, bagel or kolache store on each of the Developer Parcel and the Developer Adjacent Land,provided that the Floor Area of each such store shall not exceed 1,500 square feet and each such store shall be at least 200 feet from the HEB Parcel; (1) the operation of one nail salon and one hair salon on each of the Developer Parcel and the Developer Adjacent Land, provided that the Floor Area of each such nail salon and hair salon shall not exceed 2,500 square feet; (m) the operation of one spa on each of the Developer Parcel and the Developer Adjacent Land,provided that the Floor Area of each such spa shall not exceed 4,000 square feet; (n) the operation of one liquor store on each of the Developer Parcel and the Developer Adjacent Land,provided that the aggregate floor Area of such stores shall not exceed 2,700 square feet, the total Floor Area devoted to the sale and/or display of wine or wine products shal l not exceed five hundred(500)square feet and any such store shall be located at least 300 feet from the HEB Parcel; (o) the operation of one outdoor furniture store such as"Chair King"on each of the Developer Parcel and the Developer Adjacent Land, provided that: such store shall not be located closer than 200 feet from the HEB Parcel; LPA 2025.01.396 PAGE 30 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND (p) the operation of one cellular phone store such as "AT&r' on each of the Developer Parcel and the Developer Adjacent Land;and (q) the operation of one (1) check cashing, payday loan or paycheck advance store on the Developer Adjacent Land. The stores permitted under subparagraphs 4.2(a) through 4.2W above shall not have a common door or be operated as a common enterprise. In addition to the foregoing restrictions, no store on the Developer Parcel or Developer Adjacent Land occupying more than 23,000 square feet of Floor Area and primarily engaged in the sale of office products and supplies(such as that currently operated as"Office Depot"or"Office Max"), and no store on the Developer Parcel or Developer Adjacent Land occupying more than 31,000 square feet of Floor Area and primarily engaged in the sale of consumer electronics equipment and supplies (such as that currently operated as a"Conn's"or"Best Buy")may be situated closer than 200 feet from the HEB Parcel (except that,with respect to the Developer Adjacent Land, such store shall not be situated closer than 100 feet from the HEB Parcel). Furthermore, in no event shall the Developer .Parcel or the Developer Adjacent Land be leased, occupied or used, directly or indirectly, for the operation of a car wash. 4.2 Prohibited Office, Other _Uses. No Owner will permit the use of any portion of its respective Parcel for any purpose other than retail, office and service establishments common to first- class shopping centers of comparable size located in the Market Area. Notwithstanding the foregoing, each Parry agrees that(i)office use shall not exceed fifteen percent(15%)of the buildings constructed on its respective Parcel in the Shopping Center; provided, however that office use for doctor's offices and emergency clinics may be up to thirty percent(30%)of the buildings constructer/on the Developer Parcel so long as such offices are not situated closer than 100 feet from the HEB Parcel,and provided further that any such use does not exceed 3,500 square feet of Floor Area if situated within Retail 1 or on Pad 1; and (ii) multi-family residential use shall be permitted on the Developer Adjacent Land. Service establishments shall include, but not be limited to,the business of financial institutions, investment, real estate, and insurance offices, cleaners, barber and beauty shops, shoe repair shops, optical stores and optician offices,and travel agencies. No use or operation will be made,conducted or permitted on or with respect to all or any part of the Shopping Center or the Developer Land, which is obnoxious to or out of harmony with the development or operation of the HEB Building, including, but not limited to, any of the following uses (collectively, the "Prohibited Uses"): any nuisance; any noxious use; any use which violates Governmental Requirements applicable to the Shopping Center or the Developer Land;the primary use of any Building as a warehouse;an assembly hall;any distillation operations;a telecommunications tower;a mobile home or trailer park; the drilling for and/or removal of subsurface substances; a kennel or veterinary clinic where animals are kept overnight(except that the foregoing will not prohibit a veterinary clinic or veterinary hospital without overnight boarding of animals); a school (except that the foregoing will not prohibit instructional classes on the HEB Parcel);a church; an assembly hall;a museum;a pawn shop; a movie theatre; a game room or an amusement arcade or amusement park; a skating rink; a pool hall or billiard parlor; a bowling alley; a dancehall; a saloon, cocktail lounge, nightclub or bar (for purposes hereof,a bar shall include a restaurant which derives more than the gross sales from the sale of alcoholic beverages permitted above);a mortuary or funeral home;an automobile body and repair shop;a flea market;or an adult book store or store selling sexually explicit material. Notwithstanding the above, the primary use of any Building as a warehouse and an automobile body and repair shop shall be permitted uses on the Developer Adjacent Land;provided that any automobile body and repair shop shall not be situated on Lot 24, LPA 2025.01.396 PAGE 31 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND I 4.3 Run with the Land. These covenants shall run with the land hereby restricted throughout the teen (as described in p4Mgraah 9.1p}of this Agreement.The covenants set forth in namgmph 4.1 shall inure to the benefit of HEB,and HEB shall have the sole right to enforce,release or waive such covenants.In no event shall the restrictive covenants affecting the Developer Land set forth hi paragraph 4.1 be binding upon HEB in connection with HEB"s use of the Developer Land as permitted hereunder,or in the event that HEB ever becomes the Owner or Occupant of all or any part of the Developer Land. The covenants set forth in parap�auh 4.2 shad inure to the benefit of HEB and Developer,and shall not be waived or released without the consent of each of HEB and Developer. ARTICLE S Easements 5.1 Reciprocal Access Easements/Access Drives. HEB hereby GRANTS, SELLS and CONVEYS unto Developer, for the benefit of Developer as owner of the Developer Land and the Permittees of the Developer Land,a non-exclusive perpetual easement for ingress and egress by vehicular and pedestrian traffic,but not parking,upon,over and across the Access Drives situated on the HEB Parcel from time to time, such easement to be used in common with HEB and its Permittees. Developer hereby GRANTS, SELLS and CONVEYS unto HEB, for the benefit of HEB and its Permittees, a non-exclusive perpetual easement for ingress and egress by vehicular and pedestrian traffic,but not parking,upon,over and across the Access Drives situated on the Developer Parcel, such easement to be used in common with Developer and its Permittees. All of the foregoing easements are hereinafter collectively referred to as the "Access Easements." Each Owner agrees that,except as depicted on the Site Plan,no barrier, fence,curb, wall,ditch,barricade or other structure or obstacle which would unreasonably interfere with,impede,slow or in any way prevent vehicular and pedestrian traffic from passing thereon,will be created or allowed to exist on the Access Easements,provided that HEB and/or Developer shall have the right, at any time,to erect a fence along the common boundary line of the HEB Parcel and the Developer Adjacent Land. 5.2 Access Drives. The Parties have agreed on and approved the general location of the Access Drives;provided,however that the exact location of the Access Drives may be situated at any location within the applicable Access Zone.The following terms, provisions and conditions apply to the Access Drives: (a) The Access Drives shall be designed and constructed in accordance with the then applicable Governmental Requirements and the terms, provisions and conditions of this Agreement. The Access Drives located on the HEB Parcel shall be maintained by the Owner of the HEB Parcel as a part of the Common Areas pursuant to Section 5.8 of this Agreement and the portion of the Developer Access Drive located on the Developer Parcel shall be maintained by the Owner of the Developer Parcel as part of the Common Areas pursuant to Section 5.8 of this Agreement. (b) Nothing herein shall prohibit the Owner of the HEB Parcel or Developer Parcel, at its own cost,from relocating or making adjustments to the location of an Access Drive on its Parcel so long as the location remains within the Access Zone depicted on the Site Plan. In the event the Owner of the HEB Parcel or Developer Parcel elects to relocate the Access Drive located on its Parcel in accordance with the immediately preceding sentence, the Owner relocating the Access Drive shall construct and open the newly relocated portion of the Access Drive to vehicular traffic before closing the existing portion of the Access Drive subject to relocation. Under no circumstances shall relocation of an Access Drive result in any temporary or permanent closure of the Access Drive unless alternate reasonable access is provided. LPA 2025.01.396 PAGE 32 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND I�.ctprcrru� ,�usa.maart .4raa m NJIS (]tl�iHV NOLL03a10 ri u7 F.M. 1889 �N� °°Ln 133 O� N T 11� (R.O.+W. VARIES) Ln SUBJECT IN 0°3a'40"E: 93.04' 1 s' 's' WASTEWATER �° 15 I EASEMENT UTILITY [n REQUIREMENT C0 EASEMENT LOT 21 N LOT 23 ,3 LOT 24 i I (1.405 I� (1.080 (1.291 I I AC) rn 4 m AC) m AC)Ul l I Ul l I in CST I i i I 4SW8'36'.318"W __ 196.64' _ S86 _52'08_"W_36_6.1_5' ki I i WAR VATE 1PRI 5" DRAINAGE EASEMENT 1EASEMENT Lastly,the subject will not display direct access to the traffic carrier.Access will be permitted through an access easement/shared drive with the adjacent properties according to the provided documents above.The subject is a legal, conforming use. Easements / Encroachments The subject site is encumbered by typical utility easements. Due to the general location of these easements, they are not considered detrimental toward development and/or the site's overall marketability. No other detrimental easements and/or encroachments were noted upon physical inspection of the subject tract. It should be noted, however, that if a current survey map determines that adverse easement exist, these factors might impact the market value and/or the marketability of the subject property. Therefore, it is assumed that no easements and/or encroachments exist, which would adversely affect the marketability or desirability of the site. CONCLUSION Given the physical and legal characteristics, the subject site is capable of being developed with numerous commercial uses. PA 2025.01.396 PAGE 33 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND PLAT SUBJECT i LPA 2025.01.396 PAGE 34 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND ZONING ; ; SUBJECT CV 1 CG-2 ; ; r ----------------- d »A LPA 2025.01.396 PAGE 35 KM'KrVL'F'LPF JP IAWWoadtRiver Elementary School *'i :, �#w P fro e�eek. Dr �r Mefex d �• 'a 9 c 2 to . 0 e Gr;ce Lknited' Methodist Chu"rCh wt e M4. Testa Caop +AIL r..Valle '� A � �� rn y View Dr 141 Ul RD • 8�ar�er to r l� Y � . t� P rative �`• y �aopera[rvp r ---i.. -- - CF'ards' IOY -Googlc: J' SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANTLAND OVERALL SITE PLAN �;�w ,sw�l+�,im„o�r1�wW+amr1�'k�ua�_Iamu s.amvae-oi.vs.airen�rm+.os 1 a IL III,li ;+I IIIlilll P� -77 •r'a ( fi�f j it ll I� 1�{ g a 6 '( a SUBJECT III I _ r a ;< I 4 , _ f — Ip - n _ I I ' I PRO"�SE� I 11 1 GROCERY _--- - 1 -------.�_Yr-=. ,__�-._�__ ' Ili i x63 K I , I I � i i I �ii Ilkl 1 I i � sx 4sK 1 II �Illrli�i t !Ir l �l, , e K _ I l I Q Eg gA�uPFUEEstn:ic� I'll —-+ i i i ,i LI,T` i 1-, __ --;`•%-�- �r� C7 CALALLEN RETAIL PARTNERS, LP §LBnteC CALALLEN COMMERCIAL m FM less & NORTHWEST OVERALL LAYOUT BOULEVARD (FM 624) LEA 2025.01.396 PAGE 37 PROPERTY HISTORY CORPUS CHRISTI•TEXAS VACANT LAND PROPERTY HISTORY Ownership of the subject property is currently vested in Ca/alien Retail Partners, LP as evidenced by the county deed records. The subject property has been listed on the market since June 2022, for $899,776 ($16.00/SF) by Lynann Pinkham with Cravey Real Estate (361.288.3102). The listing price is considered to be above market in order to allow room for negotiations. No other transactions related to the subject have occurred within three years prior to the date of this appraisal. No further history for the subject property was uncovered. The following is the subject's tax card. Pro enty I D: 514.878 For Year w Property Details Account Property ID: 514878 Geographic ID:5874-0002-0240 Type: R Zoning:AG-OPEN LAND Property Use: Situs Address: 3802 FM 1889 CORPUS CHRISTI,TX 78410 Map ID: R-176 Mapsco: Legal Description: NUECES RIVER IRROGATION PK BLK 2 LOT 24 AbstractiSubdivision: S5874 Neighborhood: (S5874)NUECES RIVER IRR PARK • Owner ID: 666600 Name: CALALLEN RETAIL PARTNERS LP Agent: 6 Mailing Address: 9901 McPherson Rd Ste 201 Laredo,TX 78045-6399 %Ownership: 100.0% Exemptions: For privacy reasons not all exemptions are shown online. LPA 2025.01.396 PAGE 38 REAL ESTATE TAXES CORPUS CHRISTI•TEXAS VACANT LAND REAL ESTATE TAXES The subject property is located in the city of Corpus Christi, Nueces County,Texas and is taxed based on values established by the county tax assessors.The tax rates are applied to the assessed value of the subject property, and the taxes for the subject property are then estimated.The taxes are estimated per$100 of assessed value. This property is subject to taxes for the city of Corpus Christi, Nueces County, and Calallen Independent School District. The subject property currently displays an assessment of $393,652 ($7.00/SF), which is considered favorable based on the value conclusion herein. It is noted that the subject is currently under an agriculture exemption and displays an agricultural use assessment of$621. However, given the subjects highest and best use the in- place market assessment is utilized herein. Current taxes for the subject are estimated as follows: PROPERTY TAX CALCULATION AMM Acct #:514878 A uthority Assessed Value Rate /$100 Tax Liability City $393,652 $0.599774 $2,361 County $393,652 $0.716512 $2,821 School $393,652 $1.040300 $4,095 $2.356586 $9,277 There were no reported delinquent taxes for the subject property, according to information provided by the Nueces County Tax Assessor-Collector. LPA 2025.01.396 PAGE 39 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE The Appraisal Institute defines highest and best use as follows: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." The four criteria the highest and best use must meet are: PHYSICALLY POSSIBLE LEGALLY PERMISSIBLE - What uses of the site in question are What uses are permitted by zoning and physically possible? deed restrictions? FINANCIALLY FEASIBLE _ MAXIMALLY PRODUCTIVE Among the financially feasible uses that Which possible and permissible uses will are physically possible and legally produce a net return to the owner of the permissible, which use will produce the site? highest net return or the highest present worth? There are two types of highest and best use studies. The first is the highest and best use of the land or site as though vacant. The second is the highest and best use of the property as improved. The highest and best use of land or a site as though vacant assumes that the parcel is vacant or can be made vacant by demolishing any improvements. The question to be answered in this analysis is: If the land is, or were vacant, what use should be made of it? The highest and best use of a property as improved pertains to the use that should be made of an improved property in light of its improvements. Should it be maintained as it is, or be renovated, expanded, demolished, or partly demolished? Should it be replaced with a different type or intensity of use, or should it be held as an interim use? The improvements should be retained as long as they have some value and the return from the property exceeds the return that would be realized by a new use, after deducting the costs of demolishing the old building and constructing a new one. LPA 2025.01.396 PAGE 40 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE - AS IF VACANT Physically Possible The subject consists of 1.29-acres (56,236 SF) that is generally rectangular in shape with generally level topography. No flood plain is noted. It is noted that the subject will not have direct access to the traffic carrier. Access will be permitted through an access easement/shared drive with the adjacent properties according to the provided documents herein. The address associated with the subject is 3802 Farm to Market 1889, Corpus Christi, Texas 78410. Accessibility to the site is via curb cuts along the traffic carrier. Overall, access is considered average. The property has all necessary utilities in place and is relatively level in regard to topography. The site is primarily surrounded by commercial and residential uses. Access to the subject's neighborhood is considered good due to its location near primary traffic carriers. The principle of conformity is an important consideration in determining the physically possible uses of a site. Conformity is the appraisal principle that holds that real property value is created and sustained when the characteristics of a property conform to the demands of its market. The styles and uses of the properties in an area may conform for several reasons, including economic pressures; the shared preferences of owners for certain types of structures, amenities,services; and the enforcement of uniform standards by zoning ordinances. Based on the subject's physical characteristics and the principle of conformity, the subject would most likely be developed with commercial use. Legally Permissible As mentioned previously, the subject property is zoned "CG-2" - General Commercial District by the city of Corpus Christi. This zoning provides for a uniform set of standards for development, including parking and building setbacks. The subject is also under deed restriction which include the restrictions of certain uses and sales of products as detailed in the Site Description Section herein, these restrictions further limit the potential uses of the subject site. Nonetheless, a title policy is strongly suggested in order to guarantee the absence of adverse restrictions. No other legal restrictions or covenants were found to be imposed on the subject property at the time of the appraisal,which would further restrict its development.The site's zoning requirements support the physical indication that the subject's most probable use, as if vacant, would be for commercial use. Financially Feasible & Maximally Productive The prior consideration of physically possible uses and legally permissible does not significantly narrow the use of the subject property. Based on market data presented in this report, it appears that commercial development is likely feasible. After considering legal, physical, and financial alternatives, it is our opinion that the highest and best use of the as if vacant is for commercial development. LPA 2025.01.396 PAGE 41 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND LAND VALUATION The principles of real estate appraisal are basic to the sales comparison approach; however, one of the most important is the principle of substitution. "As applied to the sales comparison approach, the principle of substitution holds that the value of a property tends to be set by the price that would be paid to acquire a substitute property of similar utility and desirability." The sales comparison approach is a method of estimating market value whereby a subject property is compared with comparable properties that have sold recently. One premise of the sales comparison approach is that the market will determine a price for the property being appraised in the same manner that it determines the prices of comparable, competitive properties. Essentially, the sales comparison approach is a systematic procedure for carrying out comparative shopping. As applied to real estate, the comparison is applied to the unique characteristics of the economic good that cause real estate prices to vary. COMP MAP r hI I COMP y 9Y 9 e. COMP 1 Rd Nrcnwos ......... COMP 3 ,. asa Nonh,,s,Blvd COMP ^3e COMP 4 k 'f 3 SUBJECT LPA 2025.01.396 PAGE 42 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 1 _ A � Address / 14837 Northwest Boulevard, Date of Sale February 4, 2025 Location Corpus Christi, Texas Sales Price $913,649 Price Per Acre $459,120 DESCRIPTIONPHYSICAL Price Per SF $10.54 Size (acres) 1.99 Size (SF) 86,684 Grantor: Calallen Retail Partners, LP Zoning CG-2 & Deed Restrictions Grantee: Wings N More Realty, Inc Shape Generally Rectangular Recording 2025004369 Topography Generally level Confirmation Confidential Utilities Available • The property is located along the south line of Northwest Boulevard, east of Farm to Market 1889. No flood plain is noted. The property was purchased to develop a Wings & More Restaurant. It is noted the property is subject to use and improvement restrictions. These restrictions limit/prohibit the sale of groceries, fuel, pharmacy products, and place minimum development restrictions such as size and appearances. According to the confirmation source the proposed use for a restaurant met all the use restrictions that are in place. PA 2025.01.396 PAGE 43 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 2 f R • rr �. s 4 4P r r .ip � . AI f Aim,, tt ti _ - LOCATION SALES DATA Address / NWC of NW Blvd & River Hill Rd, Date of Sale January 21, 2025 Location Corpus Christi, Texas Sales Price $1,600,000 Price Per Acre $405,063 PHYSICAL DESCRIPTION Price Per SF $9.30 Size (acres) 3.95 Size (SF) 172,092 Grantor: Goodwill Industries of South Texas Zoning CN-1 & CN-2 Grantee: Rick's Homes LLC Shape Generally Rectangular Recording 2025002425 Topography Generally level Confirmation Confidential Utilities Available The property is located along the northwest corner of Northwest Boulevard and River Hill Road. No flood plain is noted. The property was purchased for future commercial development. PA 2025.01.396 PAGE 44 LAND VALUATION CORPUS CHRISTI•TEXAS VACANTLAND COMPARABLE 3 ;y do E: •�; - ai a �� �' � � .v. �-, ' rx - LOCATION Address / 14454 Northwest Boulevard, Date of Sale October 6, 2023 Location Corpus Christi, Texas Sales Price $525,000 Price Per Acre $324,675 DESCRIPTIONPHYSICAL Price Per SF $7.45 Size (acres) 1.62 Size (SF) 70,437 Grantor: Neil & Joye Douglas Zoning CN-1 Neighborhood Commercial Grantee: Gary Cook RS-6 Single Family Residential Shape Irregular Recording 2023037446 Topography Generally level Confirmation Broker Utilities Available • Ali"Ak The property is located along the north line of Northwest Boulevard and the southwest line of Riverwood Drive, east of River Hill Drive. No flood plain is noted. The property displays split zoning with the south portion being zoned for commercial and the north portion being zoned for residential use. The property was purchased for mixed use development. Matthew Cravey 361.221.1915. PA 2025.01.396 PAGE 45 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 4 Cann+ f..., •, . iL to '�Ut 'I rtr + ROTS • Address / 14601 Northwest Boulevard, Date of Sale July 28, 2023 Location Corpus Christi, Texas Sales Price $628,576 Price Per Acre $566,285 DESCRIPTIONPHYSICAL Price Per SF $13.00 Size (acres) 1.11 Size (SF) 48,352 Grantor: IHS Consultants, LP Zoning CG-2 General Commercial Grantee: Cotton Conady, LLC Shape Rectangular Recording 2023028148 Topography Generally level Confirmation Broker Utilities Available • The property is located on the south line of Northwest Boulevard, west of River Hill Drive. No flood plain is noted. Subsequesnt to the sale a Joe Cottons BBQ was constructed on the site. Mark Adame 361.813.7245 PA 2025.01.396 PAGE 46 LAND VALUATION CORPUS CHRISTI•TEXAS VACANTLAND COMPARABLE 5 M ' fa' r Address / 14601 Northwest Boulevard, Date of Sale February 23, 2022 Location Corpus Christi, Texas Sales Price $414,250 Price Per Acre $493,155 DESCRIPTIONPHYSICAL Price Per SF $11.37 Size (acres) 0.84 Size (SF) 36,425 Grantor: IHS Consultants, LP Zoning CG-2 General Commercial Grantee: ETX Bell Properties, LLC Shape Rectangular Recording 2022008917 Topography Generally level Confirmation Broker Utilities Available • The property is located on the southwest corner of Northwest Boulevard and River Hill Drive. No flood plain is noted. The property sold for$364,250 or$10.00/SF, however, subsequent to the sale the buyer spent $50,000 to run utilities under the road to the site. As such, we have utilized a sales price of$414,250. Subsequesnt to the sale a Taco Bell was constructed on the site. Mark Adame 361.813.7245 PA 2025.01.396 PAGE 47 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 6 FT it a Y„ r A 9rr Ir No �5 • T • Address / 15005 Northwest Boulevard, Date of Sale January 5, 2022 Location Corpus Christi, Texas Sales Price $485,000 Price Per Acre $527,174 DESCRIPTIONPHYSICAL Price Per SF $12.13 Size (acres) 0.92 Size (SF) 39,994 Grantor: Astromatic Car Wash, LP Zoning CG-2 Grantee: Gulf Coast Federal Credit Union Shape Generally Rectangular Recording 2022000590 Topography Generally level Confirmation Confidential Utilities Available WOMAT"AL The property is located along the south line of Northwest Boulevard, west of Farm to Market 1889. No flood plain is noted. The property was purchased for development of a bank branch. PA 2025.01.396 PAGE 48 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND IMPROVED SALES SUMMARY The market data included in this analysis is considered to be the best available in today's market and to be indicative of current market trends. The following factors were analyzed in determining a final market value for the subject property, via the sales price per square foot method of valuation. Property Rights The adjustment for property rights conveyed recognizes that differences in legal interest or estate between the subject and the comparable properties may occur. In this analysis, all the sales occurred in fee simple title. With respect to this factor, no adjustments were indicated. Financing Financing terms are significant,since cash or financing often influences the consideration paid for a particular property. The transaction price of one property may differ from that of an identical property due to different financing arrangements.All the sales data utilized herein were based on cash to the seller or terms considered to be cash equivalent, therefore, no adjustments for this factor were warranted. It is important to analyze the sales according to cash equivalency, as we are estimating the current market value of the subject property. Conditions of Sale Adjustments for conditions of sale typically reflect the motivations of the buyer and the seller. For example, a buyer may pay more than market value for a property located adjacent to one already owned for assemblage purposes or additional parking. Conversely, a sale may be transacted at below market value because the seller needs cash in a hurry. A financial, business, or family relationship between the parties may also affect the price of the property. When non-market conditions of sale are detected in a transaction, the sale must be adjusted accordingly. With respect to this factor, no adjustments are indicated. Market Conditions Each of the previous sales have been given consideration for the lapse of time between the date of sale and the effective date of this appraisal (market condition).The available market data was analyzed in an attempt to extract an adjustment for this factor. With respect to this factor, no adjustments are indicated. Location The locational attributes considered to have primary influence within the subject area include frontage on and accessibility to major traffic arteries, visibility or exposure to major streams of traffic, and proximity to existing development.With respect to this factor,Comparables 1,2,4,5,and 6 indicate downward adjustment for having superior access along a superior traffic carrier. Comparable 3 displays access along a superior traffic carrier, but this factor is offset by its limited frontage/visibility, thus no adjustment is displayed. LPA 2025.01.396 PAGE 49 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND Size Size is a factor that must be considered when comparing vacant land sales. Typically, but not always, larger tracts sell for a lower unit value. Therefore, when making comparisons on a per unit basis, such as price per unit, the larger tracts tend to be adjusted upward and the smaller tracts tend to be adjusted downward to accurately reflect the differences. With respect to this factor, materially larger tracts of land were adjusted upward accordingly, and materially smaller tracts of land were adjusted downward accordingly. Physical Features The overall site characteristics of each sale have been compared to the subject site. These include traits such as drainage, site preparation expense, topography, and configuration. Configuration, if irregular, may limit development. With respect to this factor, Comparable 3 indicates an upward adjustment for its inferior shape/configuration and limited frontage. Comparables 4 indicates a downward adjustment as it was improved with an access drive at the time of the sale. Utilities The availability of public utilities such as water, electric power and sanitary sewer service have an impact on property values since the non-availability of such utilities could restrict the overall development and/or potential use of an individual site.Therefore,when analyzing vacant land, it is important to determine whether or not public utilities are available. If they are not available, the appraiser must examine to what extreme a potential developer would have to go in gaining access to such services. With respect to this factor, no adjustments were indicated. Zoning/Use Adjustments for zoning typically recognize the different densities and restrictions of different zoning classifications, as well as use potential, and directly relates these differences between the comparable sales and the subject property. The zoning classifications and/or use potential for the sales utilized are deemed similar to that of the subject. With respect to this factor, Comparables 2, 4, 5, and 6 indicate downward adjustments as they are not subject to deed restrictions. Comparable 3 is not subject to deed restrictions but displays split zoning that does not permit higher density uses; thus, no adjustment is displayed. LPA 2025.01.396 PAGE 50 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND CONCLUSION In the final analysis of the subject property, similar weight was given to all of the sales. The following is the adjustment table with the concluded value of the Sales Approach. SUBJECT 1 2 3 4 5 6 Date Current Feb-25 Jan-25 Oct-23 Jul-23 Feb-22 Jan-22 Sale Price $913,649 $1,600,000 $525,000 $628,576 $414,250 $485,000 SIZE-SF 56,236 86,684 172,092 70,437 48,352 36,425 39,994 Unit Price($/SF) $10.54 $9.30 $7.45 $13.00 $11.37 $12.13 TRANSACTION ADJUSTMENTS Similar Similar Similar Similar Similar Similar Property Rights Fee Simple 0% 0% 0% 0% 0% 0% $10.54 $9.30 $7.45 $13.00 $11.37 $12.13 Similar Similar Similar Similar Similar Similar Financing Terms Cash 0% 0% 0% 0% 0% 0% $10.54 $9.30 $7.45 $13.00 $11.37 $12.13 Similar Similar Similar Similar Similar Similar Conditions of Sale Arm's Length 0% 0% 0% 0% 0% 0% $10.54 $9.30 $7.45 $13.00 $11.37 $12.13 Feb-25 Jan-25 Oct-23 Jul-23 Feb-22 Jan-22 Market Conditions Current 0% 0% 0% 0% 0% 0% $10.54 $9.30 $7.45 $13.00 $11.37 $12.13 PROPERTY ADJUSTMENTS Superior Superior Similar Superior Superior Superior Location Average -5% -5% 0% -5% -5% -5% Size-SF 56,236 86,684 172,092 70,437 48,352 36,425 39,994 5% 20% 5% 0% -3% -3% Physical Features Average Similar Similar Inferior Superior Similar Similar 0% 0% 30% -10% 0% 0% Utilities Available Similar Similar Similar Similar Similar Similar 0% 0% 0% 0% 0% 0% Zoning CG-2&Deed Similar Superior Similar Superior Superior Superior Restrictions 0% -5% 0% -5% -5% -5% Total Adjustment 0% 10% 35976 -205vo -13976 -13% Adjusted$/SF $10.54 $10.23 $10.06 $10.40 $9.89 $10.55 Adjusted Mean$/SF $10.28 With primary weight placed on the most recent sale data;A value at the higher end of the Concluded $10.50 range is well supported. Unit Value Land Size(SF) SIZE-SF 56,236 Value Indication $590,478 Concluded Value - "As Is" $590,000 PA 2025.01.396 PAGE 51 RECONCILIATION CORPUS CHRISTI•TEXAS VACANT LAND RECONCILIATION In the preceding sections of this report, an indication of value based upon separate appraisal approaches or techniques has been developed by processing data considered applicable and significant to each approach with respect to the subject. As a result, the following opinions of value were developed: SALES APPROACH $ 590,000 The quality and quantity of market and cost data utilized was considered good and a credible opinion of value was indicated via the Sales Approach. Given that it was the only approach utilized herein, it is given full weight. This appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Standards of Professional Appraisal Practice, led us to the opinion that the subject property has a market value of: VALUE CONCLUSION Status Interest Date Value As Is Fee Simple January 31, 2025 $590,000 LPA 2025.01.396 PAGE 52 MARKETING/EXPOSURE TIME CORPUS CHRISTI•TEXAS VACANT LAND MARKETING / EXPOSURE TIME Consideration has been given to a reasonable estimated exposure and marketing period estimate for the subject property. Exposure Time as it relates to the subject is utilized in establishing market value. The Comment to Standards Rule 1-2 (c) of USPAP states that when estimating market value, the appraiser should be specific as to the estimate of exposure time linked to the value estimate. Reasonable exposure time is one of a series of conditions in most market value definitions. Exposure time is always presumed to precede the effective date of the appraisal. Exposure time may be defined as follows: the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Marketing Time is a function of various factors including, prevailing market conditions, the price of the product being marketed, the competitive position of the property in the market, and the amount and quality of marketing effort allocated to the property. It is strongly emphasized that the appraisers have no control of the aforementioned factors, nor can the appraisers anticipate or predict any of them. Therefore, it assumed that the property would receive an adequate marketing effort. Therefore, an estimated marketing time of +/- 12 months and the estimated exposure time of +/- 12 months is considered reasonable. LPA 2025.01.396 PAGE 53 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANTLAND ASSUMPTIONS & LIMITING CONDITIONS ''Report''signifies the appraisal or consulting report and its conclusions,to which these Assumptions and Limiting Conditions are annexed. ''Property'signifies the subject of the Report. "LPA"means Lowery Property Advisors,LLC,or its subsidiary that issued the Report. "Appraiser(s)"means the employee(s) of LPA who prepared and signed the Report. The Report has been made subject to the following assumptions and limiting conditions: • Unless otherwise specifically noted in the body of the report,it is assumed that the title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value.LPA is not aware of any title defects nor has it been advised of any representations relative to the condition of the title. LPA has not reviewed any documents dealing with liens, encumbrances, easements, deed restrictions, clouds and other conditions that may affect the quality of the title. Insurance against financial loss resulting in claims that may arise out of defects in the subject's title should be sought from a reputable title company which specializes in real property. • Unless otherwise stated in this report,the existence of hazardous material,which may or may not be present on the property was not observed by the appraisers. LPA has no knowledge of the existence of such materials on or in the property. LPA,however,is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property.The value estimate is predicated on the assumption that there is no such material on or in the property that would constitute a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them.The client is urged to retain an expert in this field,if desired. LPA has inspected as thoroughly as possible by observation. However,it was impossible to personally inspect conditions beneath the soil.Therefore, no representation is made as to these matters unless specially considered in the appraisal. • The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. • Responsible ownership and competent property management are assumed. • The information furnished by others is believed to be reliable.However, LPA gives no warranty for its accuracy. • LPA assumes that all engineering is correct.The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. • If provided, the estimated insurable value is included at the request of the client and has not been performed by a qualified insurance agent or risk management underwriter.The cost estimate should not be solely relied upon for insurable value purposes. The appraisers are not familiar with the definition of insurable value from the actual insurance provider, the local government underwriting regulations,or the types of insurance coverage available.LPA has followed traditional appraisal standards to develop a reasonable calculation based upon industry practices and industry accepted publications such as the Marshall Valuation Service handbook.Actual construction costs can vary greatly from this estimate.These factors can impact cost estimates and are beyond the scope of the intended use of this appraisal. The appraisers are not cost experts in cost estimating for insurance purposes. • LPA assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable.No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. • It is assumed that there is full compliance with all applicable federal,state and local environmental regulations and laws unless noncompliance is stated,defined,and considered in the Appraisal Report. • All applicable zoning and use regulations and restrictions are assumed to have been complied with, unless a nonconformity has been stated,defined,and considered in the Appraisal Report. • Required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization are assumed to have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. LPA 2025.01.396 PAGE 54 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANTLAND • The utilization of the land and improvements is assumed to be within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. • All information, comments and conclusions pertaining to subject and other properties described represent the opinion of the appraiser formed after a personal examination of each. • The appraiser has no interest,present or prospective,in the subject property. • Sketches in this report are included to assist the reader in visualizing the property. • LPA assumes that there are no hidden or unapparent conditions of the appraised property,which would render it more or less valuable. Furthermore, the appraisers assume that there are no potentially harmful asbestos or other materials and/or site contaminants in, on, or near soil, subsoil, or structure of the appraised property and that there has been no disposal, discharge, leakage, or spillage of pollutants or contaminant which would render it more or less valuable,whether or not these materials or contaminants are apparent or hidden and unapparent. • No responsibility is assumed by the appraisers for these conditions. In addition, no responsibility is assumed by LPA for the cost of engineering and/or laboratory studies which might be required to discover such materials or contaminants. And no such engineering or laboratory studies have been ordered for the appraised property. • Disclosure by the appraiser of the contents of this Appraisal Report is subject to review in accordance with the by-laws and regulations of The Appraisal Institute. • The distribution,if any,of the total valuation in this report between land and improvements applies only under the stated program of utilization.The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. • Possession of this report, or a copy thereof, does not carry with it the right of publication, unless prior arrangements have been made. • The appraiser,by reason of this appraisal,is not required to give further consultation,testimony,or be in attendance in court with reference to the property in question unless arrangements have been previously made. • Neither all nor any part of the contents of this report (especially any conclusions as to value,the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising,public relations,news,sales, or other media without prior written consent and approval of the appraiser. • This appraisal was made in accordance with the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation and the Appraisal Institute. • Acceptance of and/or use of this report constitutes acceptance of all assumptions and limiting conditions stipulated. • The Americans with Disabilities Act(''ADA'') became effective January 26, 1992. LPA has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property,together with a detailed analysis of the requirements of the ADA,could reveal that the property is not in compliance with one or more of the requirements of the Act.If so,this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. • Unless otherwise noted in the body of the report, it is assumed that there are no mineral deposits or subsurface rights of value involved in this appraisal,whether they are gas,liquid,or solid.Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this Appraisal Report. Unless otherwise stated,it is also assumed that there are no air or developments rights of value that may be transferred. ■ By use of this Appraisal Report,each party that uses this Appraisal Report agrees to be bound by all of the Assumptions and Limiting Conditions, Hypothetical Conditions and Extraordinary Assumptions stated herein. LPA 2025.01.396 PAGE 55 CERTIFICATION CORPUS CHRISTI•TEXAS VACANT LAND CERTIFICATION We certify to the best of our knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and is our personal,impartial and unbiased professional analyses,opinions,and conclusions. • We have no present or prospective interest in the property that is the subject of this report and have no personal interest in or bias with respect to the parties involved with this assignment. • Our engagement in this assignment was not contingent upon developing or reporting predetermined results. • We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. • Our analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice,as well as the State of Texas. • Jeffrey K.Walters made a personal inspection of the property that is the subject of this report;Mario Caro,MAI,AI-GRS,SR/WA and Brent Elliott,MAI,AI-GRS did not make a personal inspection of the subject property that is the subject of this report. • No one provided significant real property appraisal assistance to the person(s) signing this certification. • This appraisal assignment was not based upon a requested minimum valuation,a specific valuation,or the approval of a loan. • As of the date of this report, Mario Caro, MAI, AI-GRS, SR/WA and Brent Elliott, MAI, AI-GRS have completed the continuing education program for Designated Members of the Appraisal Institute.Moreover,the reported analyses,opinions,and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute,which include the Uniform Standards of Professional Appraisal Practice. • As of the date of this report,Jeffrey K.Walters has completed the Standards and Ethics Education Requirements for Candidates of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • We have not provided services as an appraiser or in any other capacity regarding the property that is the subject of this report within a three-year period immediately preceding acceptance of this assignment. MARIO CARO,MAI,AI-GRS,SR/WA BRENT ELLIOTT,MAI,AI-GRS Certificate No.TXI334889-G Certificate No.TXI380674-G lit/ JEFFREY K.WALTERS Certificate No.TXI380924-G LPA 2025.01.396 PAGE 56 ADDENDUM CORPUS CHRISTI•TEXAS VACANTLAND ADDENDUM LPA 2025.01.396 PAGE 57 MARIO CARO, MAI, AI-GRS, SR/WA SAN ANTONIO OFFICE EXPERIENCE Mario Caro has served as Senior Managing Director of LPA Son Antonio since 2016. LPA 100 NE Loop 410 #1350 is a commercial appraisal and consulting firm completing a wide range of projects San Antonio,Texas 78216 throughout the southwest. Property types include, but are not limited to office, retail, industrial, multi-family, mixed-use, self-storage, hotel/motel, car washes, vacant land, daycare,subdivisions, and special use. direct 210.528.1491 mario@lowerypo.com Mario began his appraisal career in 2001 with a regional appraisal company in Houston and specialized in right-of-way and eminent domain appraisal on public and private projects nationwide. In 2005, he returned to his hometown in Son Antonio and joined a boutique appraisal firm providing right-of-way and commercial valuation.After 10 years, he transitioned to a global real estate firm where he developed their Texas right-of-way /litigation support practice and appraised commercial properties for lending purposes. Mario has over 20 years of experience appraising for litigation and legal support matters in both federal and state courts. Numerous clients,including public agencies,attorneys, title companies,and lenders nationwide have relied on his expertise in an appraiser and review appraiser capacity.Mario has provided expert witness testimony and support on a variety of property types for public transportation,utility and recreational corridors,and drainage facilities. PROFESSIONAL ASSOCIATIONS • Appraisal Institute • International Right-of-Way Association •Designated Member (MAI, AI-GRS) •Designated Member (SR/WA, R/W-AC) -3rd Director, Region VIII •President 2022-2023,South Texas President 2022,South Texas Chapter -Vice President 2021-2022,South Texas -First and Second Vice President 2021 -Treasurer 2020-2021,South Texas &2020,South Texas Chapter -Secretary 2019-2020,South Texas -Treasurer 2019, South Texas -Activities Chair 2012-2013,South Texas •Secretary 2018,South Texas •National Nominating Committee Alternate 2023, Region VIII -Regional Rep 2020-2021,South Texas •Education Chair 2020,South Texas -Alternate Regional Rep 2014-2019, South.Texas Chapter -Candidate Guidance Chair 2014-2019,South Texas Chapter �Jo0 Certified General LICENSES EDUCATION TAiLCB Real Estate Appraiser Texas General Appraiser gS-Texas A&M University-Agribusiness °'°""`"1°'.1 '° + 1334889-G Appraiser: MARIO ANTONIO CARO Coursework for MAI designation License#: Tx 1334889 G License Expires:05/32/2025 New Mexico General Appr, REA-2023-0077 Coursework for SR/WA designation Hating provided satisfactory evidence of the giraliRcations required by the Texas Appniser Licensing.and Certiflcati�on Aft,Ootupa lws Coursework for AI-GRS designation Code,Chapter 1 2 0 3,authonration is granted to use this title: Cerdfled General Reai Estate Appralser Coursework for R/W-AC designation For additlooal info—Ow or to file a complaint please contact TALCB Cnn..bw—r at vrvrw.takb.teus.gov. • a lowerypa.com BRENT ELLIOTT, MAI, AI-GRS HOUSTON OFFICE APPRAISAL f REAL ESTATE EXPERIENCE 920 Memorial City Way December 2012 to Present;Senior Managing Director at LPA-Houston Suite 750 Types of properties appraised include. office, retail, industrial, multi-family, mixed-use Houston,Texas 77024 developments, hotels, self-storage, car washes, ranchland, restaurants, subdivisions, vacant land, and other types of commercial properties as well as appraisal reviews for U cell 281.407.6485 SPAP compliance. ofc 713,338,2557 x 501 June 2011 -December 2012;Real Estate Appraisal Administrator at Southwest Securities, FSB Brent@lowerypo.com Managed appraisal review function for loan underwriting including administrating RFP process for obtaining appraisals through AMC's, invoice processing, Standard 3 appraisal reviews,and reporting to bank officers.Performed internal compliance reviews of appraisals to ensure compliance with bank regulations EDUCATION BS Urban and Regional Sciences-Texas A&M University wWals� MS Land Development-Texas A&M University MAC-M-GRS Successfully completed the following all requirements for designation including the General Comprehensive Examination,the Demonstration of Knowledge,the Specialized Experience Review, and all required general and advanced courses offered by the Appraisal Institute: • Basic Appraisal Principles Basic Appraisal Procedures ■ Uniform Standards of Professional Appraisal Practice • Real Estate Finance,Statistics,and Valuation Modeling Business Practices and Ethics ■ General Appraiser Income Capitalization Approach-I ■ General Appraiser Income Capitalization Approach-II ■ General Appraiser Sales Comparison Approach General Appraiser Cost Approach&Site Analysis LICENSES General Appraiser Report Writing and Case Studies ■ General Appraiser Market Analysis and Highest and Best Use Texas General A Quantitative Analysis Appraiser Advanced Income Capitalization 1380674-G a Advanced Concepts and Case Studies Louisiana General Appraiser Advanced Market Analysis and Highest&Best Use G4369 - General Demonstration Report Writing Review Theory-General New Mexico General Appraiser License No. REA-2024-0023 Georgia Certified General Real //�jv Certified General Property Appraiser# 442663 TALCB Real Estate Appraiser Appraiser: Brent P Elliott License#: TX 139%74 G License Expires!12/31/2026 Having provided satisfactory evidente M the qualifiiraridn requ irerJ try the Texas Appraiser Uwsing and Certification Act,OCCutntions Co[*,Chapter 1103,but horitation is granted to use this title: Certified General heal Estate Appraiser Ch�ls avcandrr For additional Inforrrration or to file a wmplaint please contact TALCB r.r<u,_oireet., at WWW.takb.uxas.gov. • a lowerypia.com 1 JEFFREY K. WALTERS CORPUS CHRISTI OFFICE EXPERIENCE 500 North Shoreline Boulevard, March 2020 to Present; Director at Lowery Property Advisors, LLC Corpus Christi,Texas 78401 August 2016 to February 2020; Certified Appraiser at Allen, Williford&Seale Inc. Types of properties appraised include: office, retail, industrial, agricultural, mixed-use direct 361.232.4700 developments, restaurants, hotels, marinas, day cares, subdivisions, apartments, car jeffClowerypa.com washes, land, and other types of special use commercial properties, partial acquisitions and eminent domain/condemnation related appraisals. EDUCATION BBA-Finance, Economics Minor-Texas A&M University 2016 Successfully completed the following courses offered by The Appraisal Institute and McKissock: Basic Appraisal Principles Basic Appraisal Procedures • Uniform Standards of Professional Appraisal Practice • Real Estate Finance, Statistics,and Valuation Modeling ■ General Appraiser Income Capitalization Approach-I • General Appraiser Income Capitalization Approach-it • Gcncral Appraiscr Salcs Comparison Approach • General Appraiser Site Valuation and Cost Approach • General Appraiser Report Writing and Case Studies • General Appraiser Market Analysis and Highest and Best Use • Expert Witness Testimony • Commercial Appraisal Review • Appraisal of Assisted Living Facilities • Appraisal of Industrial and Flex Buildings Other applicable courses: • Real Estate Decision Making-Texas A&M • Real Estate Finance-Texas A&M • Real Estate Investment Analysis-Texas A&M PROFESSIONAL ASSOCIATIONS •Appraisal Institute-South Texas Chapter •IRWA-Son Antonio Chapter f Corpus Christi Founding Member Certified General TALCS Real Estate Appraiser LICENSES `.4..... oA;�`. Appraiser: Jeffrey Kyle Walters Texas General Appraiser License#: TX1350924G License Expires:09/30/2025 1380924-G Having provided s etisEactory evidence of t h e quar ns^rfi-tio q wired Oklahoma General Appraiser by the Te Appraise,ri—sing and CetlRcA—AA,6eoupatinns Code,Chapter 11M, a is 13497CGA [ertlfled Geneal Real Estate Appr� granted tow eihfs Bltlr als Yt ctenea gud okr For add itional lnfom-retlon orto file a mmplart 0eaw mmact TALCB r�mme::o at www.taltb.texas-gov. • i lowerypaxom DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Real Estate Sales Contract This Contract is entered into by CALALLEN RETAIL PARTNERS LP, herein called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,Nueces County, Texas 78469-9277 herein called "Buyer". 1. Property. For the consideration and under the terms set out herein, Seller agrees to convey to Buyer, and Buyer agrees to purchase from Seller, the fee simple interest in the surface estate to the tract of land described below situated in Nueces County, Texas (the "Land"), together with all rights, titles and interests of Seller (if any) in and to all rights, privileges, and appurtenances pertaining to such tract (the Land and such additional interests of Seller being referred to herein together as the "Property"): NCAD Property ID: 514878 Legal Description: NUECES RIVER IRRIGATION PK BLK 2 LOT 24 Common Address: 3802 FM 1889 Corpus Christi, Texas 78410 2. Purchase Price. At closing, Buyer agrees to pay $525,000.00 cash (the "Purchase Price")to Seller. 3. Title Insurance. At closing, Seller shall pay the premium for a standard form owner policy of title insurance covering the Land that guarantees good and indefeasible title to the Land, without exceptions to title other than the standard printed exceptions and other title exceptions disclosed to Buyer prior to the expiration of the Inspection Period (as defined below). Laredo Title and Abstract, 415 Shiloh Dr., Suite 203, Laredo TX 78045, Attn: Leticia Martinez or another title company approved by Buyer and Seller ("Title Company") must issue the title insurance policy on a title insurance underwriter reasonably acceptable to Buyer. The title commitment for title insurance must be delivered by the Title Company to Buyer within 30 days after receipt of this Contract by the Title Company, with the title insurance policy to be timely issued after Closing. Buyer shall pay for any modifications or endorsements requested by Buyer to such standard form owner title insurance policy. 4. Warranty Deed and Closing Costs. At Closing, Seller must execute and deliver a Special Warranty Deed, in substantially the form attached hereto as Exhibit A, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer will pay one-half of the Title Company's reasonable escrow fee, document preparation fees, and recording fees. Seller will pay any costs to cure title (to the extent Seller agrees to cure title) and one-half of the Title Company's reasonable escrow fee. At Closing, Seller must convey the Property with no liens, past due- assessments, or any security interests against the Property; and with no persons in possession on any part of the Property as tenants, lessees, or tenants at sufferance, or 4930-7397-3018v.2 trespassers. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2024. All property taxes for the year 2025, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2025, as of the date of Closing (with Seller being responsible for such taxes from January 1, 2025 through the day immediately prior to the date of Closing and Buyer being responsible for such taxes on and after the date of Closing). The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company, and the Seller and Buyer agree to adjust such proration between them within 30 days of demand following receipt of the actual taxes for the year 2025. Such obligation shall survive the Closing. If requested by either party, Seller and Buyer shall promptly execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money; Remedies. On or before 3 business days after the Effective Date, Buyer shall deposit 5 000.00 with the Title Company as Earnest Money, which will be applied to the Purchase Price at Closing; Buyer will pay the balance of the Purchase Price owing at Closing. $500.00 of the Earnest Money (the "Independent Consideration") is independent consideration for Buyer's right of termination in Section 9 and is in all events non-refundable to Buyer, and shall be delivered to Seller upon the closing or termination of this Contract. When the Title Company possesses the executed Special Warranty Deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, or otherwise breaches this Contract, and such failure or breach remains uncured for 5 business days after written notice from Seller, Seller may terminate this Contract and in which event the Earnest Money shall be delivered to Seller as liquidated damages for breach of this Contract, or Seller may seek to enforce this Contract by an action for specific performance provided that such action is filed (and service of process requested) within 30 days after the scheduled date for Closing. If Seller fails to tender an executed Special Warranty Deed conveying the Property in accordance with the terms of this Contract, or otherwise breaches this Contract, and such failure or breach remains uncured for 5 business days after written notice from Buyer, Buyer may as its sole and exclusive remedies terminate this Contract by written notice to Seller and receive the return of the Earnest Money (other than the Independent Consideration) or seek to enforce this Contract by an action for specific performance provided that such action is filed (and service of process requested) within 30 days after the date set for Closing. The remedies in this paragraph do not preclude an action for damages under Section 9a or Section 12. 7. Time for Performance. The closing of this transaction (the "Closing") will occur and be completed through the Title Company on or before 2:00 PM Central Time on the day which is 90 days after the Effective Date of this Contract. At Closing, Seller shall execute and deliver a Special Warranty Deed in substantially the form attached as Exhibit A and a Non-Foreign Person Certificate. 2 4930-7397-3018v.2 E Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council, if required, and executed by the City Manager of the City of Corpus Christi, Texas, or his designee. Execution of this Contract by the City Manager of the City of Corpus Christi, Texas, or his designee, and delivery thereof to Seller shall be conclusive evidence that this Contract has been approved and accepted by the City of Corpus Christi Council, if required. 8. Survives Closing. Buyer's obligations in Section 9a shall survive the Closing or termination of this Contract, and the warranties and representations in Section 12 shall survive the Closing for a period of 2 years and 1 day. s 9. Inspection Period. Buyer shall have until 5:00 PM Central Time on the day which is 60 days from the Effective Date (the "Inspection Period") to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money (other than the Independent Consideration) in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Land during all normal business hours during the Inspection Period and thereafter until the Closing or termination of this Contract, and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property provided that Seller shall not be obligated to i incur any expense or liability. Failure of Buyer to deliver to Seller, prior to the expiration of the Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract pursuant to this Section 9. a. Right of Entry. (1) During the Inspection Period and thereafter until the Closing or termination of this Contract, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Land for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary, provided that Buyer shall not conduct or authorize the conduct of a Phase II Environmental Site Assessment of the Land without the prior written consent of Seller. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Land to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within 10 days from the Effective Date all environmental and/or geophysical reports, studies and tests in Seller's possession with respect to the Land (all without any warranty, express or implied, by Seller as to the accuracy or completeness of any such report, study or test). (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in 3 4930-7397-3018v.2 advance, of when the inspectors or assessors will be on the Land; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Land; (v) restore the Land to its original condition (at no cost or expense to Seller) if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed; and (vi) cause all inspectors, assessors, agents and consultants entering onto the Land to cant' commercial general liability insurance with coverage limits of not less than $1,000,000 per occurrence, $2,000,000 aggregate, which names Seller as an additional insured as to the Property. (3) Buyer agrees to hold harmless Seller, its partners and agents from all claims, causes of action, costs, losses, liens, damages and reasonable attorneys' fees arising out of or in connection with the Buyer's entries on and inspections of the Property, unless and to the extent caused by the gross negligence or intentional misconduct of any of such indemnities (SUCH HOLD HARMLESS OBLIGATION OF BUYER INCLUDES THE ORDINARY NEGLIGENCE OF ANY OF THE INDEMNITIES). b. Environmental Condition of Property. I De nitions. I "Environmental Lavi," shall mean any law relating to environmental conditions and j industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right during the Inspection Period to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and (subject to obtaining Seller's prior written approval thereof) ESA Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If at any time prior to the expiration of the Inspection Period, the Environmental Audit reveals or Buyer otherwise becomes aware of, the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to 4 4930-7397-3018v.2 i cure, Buyer shall have the right and option to cancel this Contract by giving written notice thereof to Seller prior to the expiration of the Inspection Period, in which event Buyer shall receive a full return of the Earnest Money (other than the Independent Consideration). 10. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred by Seller pursuant to a written agreement in connection with this transaction. 11. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. i 12. Representations and Warranties. i a. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties as of the Effective Date: (1) Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or to Seller's Knowledge (as defined below) violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. (2) No Litigation or Proceedings. To Seller's Knowledge, there is no pending or threatened litigation, condemnation, or assessment affecting the Property. (3) Environmental Representations. Except as may be revealed in any Environmental Audit delivered to or obtained by Buyer, to Seller's Knowledge the Land does not contain any Hazardous Materials (as defined in Section 10(b)) in violation of applicable Environmental Laws, the Land does not contain any underground storage tanks, and the Land is in compliance with all applicable Environmental Laws (as defined in Section 10(b)). (4) Title to Property. To Seller's Knowledge, Seller has good and indefeasible fee simple title to the Land, subject only to the liens and encumbrances, if any, 5 4930-7397-3018v.2 €3 t i disclosed on any title commitment or survey furnished to or obtained by Buyer. (5) No Options. No person, corporation, or other entity has any right or option to acquire the Land from Seller. (6) Compliance. To Seller's Knowledge, Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non- compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 4 Seller's Knowledge As used herein "Seller's Knowledge" means the current, actual knowledge of Pat Murphy, Vice President of the general partner of Seller, without duty of inquiry or investigation and without personal liability of or on such individual. If prior to the Closing or earlier termination of this Contract, Seller obtains Seller's Knowledge that any of the above warranties and representations of Seller is not true in any material respect, Seller will promptly disclose such new information to Buyer. At Closing, Seller shall be deemed to have restated such warranties and representations subject to any such disclosure by Seller to Buyer, and also subject to any contrary information obtained by Buyer prior to the expiration of the Inspection Period. b. By Buyer. In order to induce Seller to enter into this Contract, Buyer makes the following representations and warranties as of the Effective Date: (1) Authority; No Conflict. Buyer has obtained all required approvals and has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Buyer in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Buyer's Closing Documents") and to perform its obligations under this Contract and the Buyer's Closing Documents. Buyer shall present to the Seller and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Buyer's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Buyer is a party or by which Buyer is bound, or to Buyer's knowledge, violate any regulation, law, court order,judgment, or decree applicable to Buyer. (2) No Broker. Buyer has not been represented by any broker or real estate agent, and Buyer has not incurred any broker's fees or commissions, in connection with this Contract. If prior to the Closing or earlier termination of this Contract, Buyer obtains knowledge that any of the above warranties and representations of Buyer is 6 4930-7397-3018v.2 not true in any rgaatyjial respect, Buyer will promptly disclose such new information to Q454P At Closing, Buyer shall be deemed to have restated such warranties and representations subject to any such disclosure by Buyer to Seller . 13. Time of the Essence. Time is of the essence with respect to all matters in this Contract. If any date or deadline under this Contract falls on a Saturday, Sunday or a legal holiday, such date or deadline shall be deemed extended to the next day which is not a Saturday, Sunday or a legal holiday. 14. Effective Date. The"Effective Date"of this Real Estate Sales Contract is the date on which this Contract has been signed by both Seller and Buyer. 15. Notices. All Notices between the parties under this contract must be in writing and are effective on the first to occur of actual receipt or 3 days after being deposited for mail by certified mail, return receipt requested, to the following: To Seller: Calallen Retail Partners LP Attn: Pat Murphy 9901 McPherson Rd, Ste 201 Laredo,Texas 78045-6399 With a copy to: Schlanger Silver LLP Attn: Louis E. Silver 109 N. Post Lane, Suite 300 Houston,Texas 77024 To Buyer: City of Corpus Christi Attn: Director of Engineering Services P.O. Box 9277 Corpus Christi,Texas 78469-9277 16. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of(i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. 7 4930-7397-3018v.2 When the context requires, singular nouns and pronouns include the plural. 17. Applicable Law; Venue. This Contract is governed by the laws of the State of Texas (without regarding to its conflicts of law principles). In the event of any dispute arising out of this Contract, sole venue shall like in courts of applicable jurisdiction sitting in Nueces County, Texas. SELLER CALALLEN RETAIL PARTNERS, L.P., a Texas limited partnership By. S Isidro Man ent, L.C., a Texas limited liability company, its gen ra par n r By: Printed Name: Pat Mu Title: Vice President Date: raLyryArV aJr, 2025 8 4930-7397-3018v.2 E BUYER CITY OF CORPUS CHRISTI,TEXAS Jeff H. Edmonds, P.E. Director of Engineering Services i i APPROVED AS TO LEGAL FORM FOR THE CITY ATTORNEY i Janet Whitehead, Assistant City Attorney I i i 9 4930-7397-3018v.2 i I I i E i EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED.FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed Date: Grantor: Calallen Retail Partners L.P. Grantor's Mailing Address: 9901 McPherson Rd, Ste 201 Laredo, Texas 78045-6399 Grantee: City of Corpus Christi Grantee's Mailing Address: PO Box 9277 Corpus Christi, Texas 78469 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): The surface estate in and to the following tract of land in Nueces County, Texas, together with all rights, titles and interests of Grantor (if any) in and to all rights, privileges, and appurtenances pertaining to such tract: NCAD Property ID: 514878 Legal Description: NUECES RIVER IRRIGATION PK BLK 2 LOT 24 Common Address: 3802 FM 1889 Corpus Christi, Texas 78410 Exceptions to Conveyance and Warranty: Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) currently of record in the Official Public Records of Nueces County, Texas, that affect the Property, but only to the extent that said items are still valid and in force and effect at this time. Grantor, for the Consideration and subject to the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the 4930-7397-3018v.2 1 1 i I rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's successors, legal representatives and assigns forever. Grantor binds Grantor and Grantor's successors and legal representatives to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through or under Grantor, but not otherwise, subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. f i I CALALLEN RETAIL PARTNERS, L.P., a Texas limited partnership By: San Isidro Management, L.C., a Texas limited liability company, its general partner By: Printed Name: Pat Murphy Title: Vice President STATE OF TEXAS COUNTY OF WEBB This instrument was acknowledged before me on , 2025, by Pat Murphy, Vice President of San Isidro Management, L.C., a Texas limited liability company, general partner of Calallen Retail Partners, L.P., a Texas limited partnership, on behalf of said limited liability company and limited partnership. Notary Public, State of Texas AGREED AND ACCEPTED BY GRANTEE: CITY OF CORPUS CHRISTI Jeff H. Edmonds, P.E. Director of Engineering Services 11 4930-7397-3018v.2 CORPUS CHRISTI BAY e �aigr � dr . No � PROJECT LOCATION SCALE: N.T.S. � r r �k •� NORTHWEST BLVD S Gb�r� LOCATION MAP s a' NOT TO SCALE 4p .. LL,f i 1889 i a . PROPSED PURCHASE 1.291 —ACRE TRACT y' a ti 188s AERIAL MAP NOT TO SCALE LAND PURCHASE OF 1.291 - ACRE TRACT CITY COUNCIL EXHIBIT OF LAND FOR THE CALALLEN ELEVATED CITY OF CORPUS CHRISTI, TEXAS (' STORAGE TANK DEPARTMENT OF ENGINEERING SERVICES j SC 0 MCOBPOR 1E0 AGENDA MEMORANDUM 1852 Resolution for the City Council Meeting of April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Public Health Danteg@cctexas.com 361-826-7203 Resolution authorizing Interlocal Cooperation Agreement with Texas A&M University- Corpus Christi for air quality monitoring services. CAPTION: Resolution authorizing an Interlocal Cooperation Agreement (ILA) with Texas A&M University- Corpus Christi (TAMUCC) in an amount of up to$125,551.00 for performing air quality monitoring services through December 31, 2025, with funding from a Texas Commission on Environmental Quality (TCEQ) Air Quality Grant. SUMMARY: This ILA extends the City's partnership with TAMUCC to focus on monitoring Particulate Matter (PM) 2.5. The project is funded under TCEQ Grant Contract No. 582-24-01390, which was approved by the City Council on July 16, 2024, through Ordinance No. 033399. The total funding amount is $139,501, of which up to $125,551 will be allocated to TAMUCC as the subrecipient. This funding will support TAMUCC's instructional and research goals while also reinforcing the City's ongoing commitment to collaborating with local stakeholders. The objective is to ensure accurate monitoring and reporting of air quality, uphold air quality standards, protect the health of residents, and prevent economic impacts associated with nonattainment. The remaining grant award, totaling $13,950, will be deposited into the City's Health General Fund to cover administrative costs. BACKGROUND AND FINDINGS: The TCEQ provides annual funding for air quality monitoring in Texas through the Rider 7 State and Local Air Quality Planning Program. Since September 2020, the City of Corpus Christi has been collaborating with TAMUCC to implement these monitoring activities, leveraging TAMUCC's qualified personnel to execute the tasks outlined in the grant. As part of this initiative, TCEQ awarded the City of Corpus Christi a grant of $139,501 for air quality planning activities in the region, in accordance with Rider 7 of TCEQ's Legislative Appropriation from the 88th Legislature. The activities funded by this grant include identifying sources of emissions, developing pollution prevention strategies, and creating action plans to improve air quality while ensuring compliance with federal ozone standards, particularly in areas that are at risk of being classified as non-attainment for ozone under the Federal Clean Air Act Amendments of 1990. To support these efforts, the City entered into a State Funded Grant Agreement (Contract No. 582-24-01390) with TCEQ. This agreement enables the monitoring of current pollution levels, modeling of future pollution levels, identification of pollution reduction measures, and air quality planning in the Coastal Bend Region. The grant funds partially cover the salary of one position at TAMUCC and provide tuition reimbursement for one student engaged in tasks specified in the grant's scope of work. Under the City's Regional Air Quality Program, the grant specifically funds the "Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities." This project will be conducted in partnership with TAMUCC and is scheduled for completion by December 31, 2025. Below is a breakdown of the authorized contractual costs allocated to TAMUCC: Item Cost Salary & Fringe $ 20,348.00 Tuition $ 10,055.00 Maintenance/Parts/Calibration $ 12,883.00 Travel to Site $ 4,000.00 PM Analyzer/Shelter $ 63,000.00 Indirect Costs $ 15,265.00 Total $ 125,551.00 ALTERNATIVES: Rejection of the Interlocal Cooperation Agreement with TAMUCC and discontinuation of the performance of these air quality monitoring services. FISCAL IMPACT: FY 2025 TECQ grant award contract in the amount of $139,501.00, with $125,551.00 to be allocated for an Interlocal Cooperation Agreement with TAMUCC. The grant requires no City cash match. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 89 Grants & Capital Project Funds / 832002S Department: 15 Health Account: 530000 Professional Services RECOMMENDATION: Staff recommends the approval of the Resolution for the Interlocal Cooperation Agreement. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Cooperation Agreement with TAMUCC for contract No. 582-24-01390 Presentation Resolution authorizing an Interlocal Cooperation Agreement with Texas A&M University - Corpus Christi (TAMUCC) in an amount of up to $125,551.00 for performing air quality monitoring services through December 31, 2025, with funding from a Texas Commission on Environmental Quality (TCEQ) Air Quality grant. Be it Resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement in an amount not to exceed $125,551.00 with Texas A&M University-Corpus Christi for air quality monitoring service. A copy of the agreement is on file in the Office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. PASSED and APPROVED on the day of 12025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A&M UNIVERSITY- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI State Agency Grant Number Texas Commission on Environmental Quality 582-24-01390 Subrecipient Subrecipient Grant Amount Texas A&M University—Corpus Christi Award#582-24-01390: $ 125,551.00 Subrecipient UEI Y3RET2XN41S5 Total Grant Funds Awarded:$125,551.00 Grant Issuance Date(Start Date) Grantee Match Amount Required Upon Execution of Agreement Award#582-24-01390: $0.00 Total for all State Fiscal Years:$0.00 Grant Expiration Date(End Date) Match Percentage Required: 0% December 31,2025 Grant Authority Grant Description Texas Water Code §5.124 The Performing Party will implement all grant activities in Grantee order to monitor ozone and inventorying emissions,as City of Corpus Christi required in Rider 7,Texas Commission on Environmental Quality,Article VI of the General Appropriations Act of the 88th Le islature. Agreement Purpose The Texas A&M University-Corpus Christi("Subrecipient")and the City of Corpus Christi("City")enter this agreement (Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree as follows:(a)to be effective,the Contract must be signed by an authorized official of the Subrecipient and the City;(b)this Contract consists of all documents specified in the list of Contract Activities as part of its own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Grant Management Standards (TxGMS)and this Contract. Subrecipient is an institute of higher education. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A,Contract with Grantor 2. Exhibit B,Statement of Work 3. Exhibit C,Approved Budget In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment,such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit A,Contract with Grantor 2. Exhibit B,Statement of Work Principal Representatives For the Grantee: For Subrecipient: Dante Gonzalez,Ph.D. J.David Felix,Ph.D. City of Corpus Christi Texas A&M University—Corpus Christi 1702 Horne Road 6300 Ocean Drive,NRC#2200 Corpus Christi,TX 78416 Corpus Christi,TX 78412 1 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A& M UNIVERSITY-CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS,Texas A&M University-Corpus Christi("Subrecipient")and the City of Corpus Christi("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract (the "Agreement"); WHEREAS,Subrecipient has been a partner in the City's air quality planning activities for the Coastal Bend Region through Subrecipient's Pollution Prevention Partnership program; WHEREAS,the City desires to continue its partnership with Subrecipient in this effort; WHEREAS, the Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities includes identifying sources of emissions,the development of pollution prevention strategies for reducing emissions, other action plans for improving the Corpus Christi area air quality and maintain compliance with federal ozone standards; WHEREAS, the 88th Texas legislature at Article VI of the General Appropriation Act ("Rider 7") made funds available to the Texas Commission on Environmental Quality ("TCEQ")to conduct air quality planning activities in areas considered to be near non-attainment; WHEREAS, the City entered into a State Funded Grant Agreement ("Grant"), Contract No. 582-24-01390 with the Texas Commission on Environmental Quality("TCEQ") for air quality planning activities in areas considered to be near non-attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend Region; WHEREAS, an element of the City's proposal for the Grant was Subrecipient's proposed "Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities" as a continuation of the City's Regional Air Quality Program; WHEREAS,the grant provides funding for Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities and other types of air quality planning activities and projects that the City,in cooperation with its partners, will complete by December 31,2025; WHEREAS, Subrecipient has received a copy of TCEQ Contract No. 582-24-01390, including the Statement of Work, and agrees that it can perform the work in accordance with the Statement of Work; and WHEREAS, the technical support contemplated by this Agreement is of mutual interests and benefit to Subrecipient and City; it will further the status, the instructional and research objectives of Subrecipient,in a manner consistent with its status as an agency of the State of Texas; and it will help the City accomplish objectives of its "Ozone Advance Intergovernmental Agreement" with the United States Environmental Protection Agency("EPA")and TCEQ; NOW, THEREFORE,the parties hereto agree as follows; 1. GRANT SUBCONTRACT.Both the City and Subrecipient acknowledge that this Agreement is a subcontract to the City's Grant from TCEQ (TCEQ Contract No. 582-24-01390) and that the terms and conditions of the Grant control the administration and execution of this contract. a. The TCEQ Grant No. 582-24-01390 is incorporated into this Agreement by reference and is attached. 2 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 A copy of TCEQ Contract No. 582-24-01390 has been provided to Subrecipient. b. In the event any provision of this Agreement conflicts with terms of the Grant,the terms of the Grant control the administration and execution of this Agreement. C. Subrecipient agrees to comply with all requirements imposed by TCEQ that are applicable to subcontractors. d. Subrecipient agrees to conduct all of its activities in compliance with the terms of the Grant, and not to take any action that would cause or contribute to the City defaulting upon the terms of the Grant. e. Subrecipient shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by Subrecipient under this Agreement. Subrecipient must perform the work in conformity with the standards and guidance documents provided by the TCEQ,the City and TCEQ may withhold reimbursement for costs of non-conforming work. 2. STATEMENT OF WORK. Subrecipient agrees to use its best efforts to perform Tasks 1-4 in the Statement of Work in Exhibit B by December 31,2025. 3. PRINCIPAL INVESTIGATORS. The program will be supervised by Dr. J. David Felix, of the College of Science—Physical and Environmental Sciences. If, for any reason, Dr. Felix is unable to continue to serve as Principal Investigator, and a successor acceptable to both Subrecipient and the City is not available, the Agreement shall be terminated as provided in paragraph 8. 4. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the contract through December 31,2025. 5. FINANCIAL AND ADMINISTRATIVE MANAGEMENT. The Subrecipient assures that the fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls,proper financial management,efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. 6. PRICE AND PAYMENT. As compensation for the performance of the Agreement, the City agrees to reimburse Subrecipient up to $125,551.00 for expenses authorized under the Grant, as seen in Exhibit C. a) The City will reimburse Subrecipient in accordance with the applicable Budget for the Project, and all subsequently authorized budget revisions or budget amendments to that budget, and in a total Contract amount not to exceed $125,551.00. b) The City's obligations under this Contract are contingent upon the actual receipt of adequate General or Grant Fund revenue,as applicable,to meet City's liabilities under this Contract. If the City does not receive sufficient funds to make payments pursuant to this Contract or if the award of Grant Funds is reduced, then City, at its sole discretion, may elect to terminate this Contract or reduce the Scope of Work and compensation associated with the applicable Project. City shall notify Subrecipient in writing of its determination within a reasonable time. c) The City shall have no liability to compensate Subrecipient for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. d) Allowable Costs means those costs which are necessary, reasonable and allowable under applicable federal, state, and local law for the proper administration and performance of the services to be provided under this Contract. The City's payment obligation under this Contract is limited to making payments for Allowable Costs incurred as a direct result of City-funded services provided by Subrecipient in accordance with this Contract and consistent with budgeted categories in the applicable Budget. Approved Budget Revisions(total Project Budget remains the same)and Budget Amendments (an increase or decrease to the total Project Budget) supersede prior budget documents and all references to the Budget mean the last revised,approved budget. e) All contractual expenditures reimbursed with funds provided under this Agreement shall meet all 3 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 procurement laws and regulations applicable to Subrecipient and the Uniform Grant Management Administration and the Uniform Grants Management Standards. Note that competitive bidding will generally be required for contracts with entities other than local governments and state and federal agencies.Note also that the Common Rule of OMB Circular A-102,as adopted in the UGMS,precludes the use of the cost plus a percentage of cost of contracting. f) All unspent grant funding will expire after the period of performance,as indicated in Exhibit A,unless otherwise approved by the Grantor. g) All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. h) Subrecipient shall submit to City all final requests for payment no later than 30 days from the expiration date of this Contract(no later than January 30,2026). i) Any changes to the approved budget in Exhibit C need prior approval from the City. Any expenses that are not on the approved budget will not be reimbursed. j) Any payment made by either the City or Subrecipient for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the lnterlocal Cooperation Act.All funding obligations of Subrecipient and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. k) Subrecipient shall forward any proposed sub-agreement providing for the performance of services under this Agreement to the City prior to execution of the sub-agreement.Neither the City's nor TCEQ's failure to question a sub-agreement nor its subsequent withdrawal of any questions raised regarding sub- agreement shall in any way imply the City's or TCEQ's approval of the sub- agreement's purpose or method of procurement of the sub-agreement.Further,the terms of this provision do not in any way restrict the City's and TCEQ's rights under this Agreement or the Grant to subsequently refuse reimbursement for expenses incurred pursuant of the sub-agreement. Subrecipient may require a bid bond to protect the local and state interests by assuring that the bidder will,upon acceptance, execute all required contractual documents within the time period specified. 1) Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Dante Gonzalez 1702 Horne Road Corpus Christi,TX 78416 dantegkcctexas.com CC: katherines3kcctexas.com and alyssar4kcctexas.com m) Subrecipient shall submit monthly invoices to City no later than the 15th of the following month in a form acceptable to the City. The City shall pay within 30 days of receipt and approval by the Director. 7. DELIVERABLES. The deliverables required under this Agreement are specified in Exhibit B the Statement of Work. 8. TERMINATION. Performance under this Agreement may be terminated by the City upon sixty days'written notice. Performance may be terminated by Subrecipient, if circumstances beyond its control preclude continuation of the Program.Upon termination, Subrecipient will be reimbursed for costs and non- cancelable commitments incurred in the performance of the program, that are reimbursable under the Grant. However, reimbursement may not exceed the total estimated cost specified in Exhibit C. 9. INTELLECTUAL PROPERTY. a. Royalties and patent fees. Subrecipient shall pay all license fees,royalties and assume all costs incident to the use or possession in performance of the Work or incorporation in Work of any Intellectual Property. b. Disclosure of Intellectual Property Produced while completing the Statement of Work. Subrecipient shall promptly notify the City and TCEQ of all Intellectual Property that Subrecipient or Subrecipient's 4 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others during the course of the completion of the Statement of Work. In addition, Subrecipient shall promptly notify the City and TCEQ of all intellectual property which Subrecipient may acquire in connection with the performance of the work.Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the intellectual property, and shall identify any publication, sale,public use, or impending publication. Promptly upon request Subrecipient shall supply additional information as the City and TCEQ may request. c. Failure to Protect Intellectual Property.If Subrecipient fails to protect any intellectual property produced in the course of performing the work, the City and TCEQ shall have full authority to protect, assume and retain all intellectual property rights in any and all intellectual property. d. Non-Interference with Intellectual Property Rights of City and TCEQ. Subrecipient agrees that its agents and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any portion of intellectual property owned by or licensed to the City or TCEQ, except in the course of performing the work, unless Subrecipient has independent intellectual property rights to the intellectual property. e. Grant license. With respect to any intellectual property as is (i) incorporated in the work ( other than intellectual property for which the City and TCEQ already possess equal or greater intellectual property right by virtue of this Agreement or otherwise) or (ii) produced by Subrecipient or Subrecipient's employees, subcontractors, or subcontractor's employees during the course of performing the work, Subrecipient hereby grants to the City and TCEQ(i)a nonexclusive,perpetual,irrevocable,enterprise-wide license to reproduce,publish, or otherwise use the intellectual property and associated use documentation, and (ii) a nonexclusive, perpetual irrevocable enterprise-wide license to authorize others to reproduce, publish,or otherwise use Intellectual property for the City's and TCEQ's purposes. £ Modification; Derivative Works. The City and TCEQ shall have the right at their own discretion, to independently modify any intellectual property to which license is granted for the City and TCEQ's own purposes and use, through the services of its own employees or independent contractors. The City and TCEQ shall own all intellectual property right to the modifications. Subrecipient shall not incorporate any modifications into its intellectual property for distribution to third parties unless it first obtains a license from the City or TCEQ. g. Compliance with Applicable Laws and Regulations,Subrecipient shall comply with all laws and regulations relating to intellectual property. h. Warranties relating to Intellectual Property Rights. Subrecipient represents and warrants to the City and TCEQ that Subrecipient will not infringe any intellectual property right of any third party. Subrecipient further represents and warrants to the City and TCEQ that in the course of performing the work it will not use or possess any intellectual property owned by a third party without paying any required royalty or patent fees. Subrecipient warrants that it has full title in and ownership of intellectual property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted in this Agreement, and that the licensed used by the City and TCEQ will in no way constitute an infringement or other violation of any intellectual property right of any third party. Subrecipient warrants that it shall have, throughout any applicable license term under this Agreement, free and clear title to, or the right to possess,use, sell,transfer, assign, license, or sublicense products that are licensed or provided to the City and TCEQ by Subrecipient. Except as permitted in this Agreement and the Grant, Subrecipient shall not create or permit the creation of any lien,encumbrance,or security interest in the work or any part thereof,or any product licensed or provided to the City and TCEQ for which title has not yet passed to the City and TCEQ,without prior written consent of the City and TCEQ. Subrecipient represents and warrants to the City and TCEQ, that neither it nor any other company or individual performing work is under any obligation to assign or give to any third party any intellectual property rights granted or assigned to the City and TCEQ,or reserved by the City and TCEQ,under this Agreement and the Grant. 9. RELEASE OF INFORMATION. Subrecipient shall acknowledge the City and TCEQ, the Subrecipient investigator, the nature of the program, and the dollar value of the Agreement in Subrecipient records and reports.Any reports and other documents completed as part of this Agreement,other than documents prepared 5 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 exclusively for internal organizational use by Subrecipient,shall carry the following notation on the front cover or title page. "PREPARED IN COOPERATION WITH TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI" 10. TITLE TO EQUIPMENT.Subject to the obligations and conditions set forth in this Agreement and the Grant, title to all equipment acquired under this Agreement shall vest, upon acquisition or construction, in Subrecipient. a. Subrecipient agrees to conduct physical property inventories annually,to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this Agreement. b. Subrecipient may develop and use its own property management system which must conform to all applicable State and Local laws,rules and regulations.If an adequate system for accounting for personal property owned by Subrecipient or its subcontractors is not in place or currently in use, Subrecipient shall contact the State of Texas Comptroller of Public Accounts and request the State Property Accounting User's Guide(#96-418)and the State Property Class Code List. Subrecipient agrees to use these as guides for establishing a property management system. c. Property records must be maintained that include a description of the property,a serial number or other identification number, the source of property, who hold title, the acquisition date, and the cost of the property,percentage of federal participation in the cost of property,the location,use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. d. A physical inventory of all equipment acquired or replaced with funds provided under this Agreement having an initial purchase price of One Thousand Dollars($1,000)or more, shall be conducted no less frequently than once a year and the results of the inventories reconciles with the appropriate property records. Property control procedures utilized by Subrecipient shall include adequate safeguards to prevent loss, damage, or theft of acquired property. Any loss, damage or theft shall be investigated. Subrecipient agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return,in the event the equipment is sold. e. Use of Equipment Acquired with Funds Provided Under this Agreement. 1) Equipment shall be used by Subrecipient or its subcontractors in the program or project for which it was acquired as long as needed,whether or not the project program continues to be supported by state funds.When no longer needed for the original program or project,the equipment may be used in other activities currently or previously supported by a federal or state agency. 2) Subrecipient or its subcontractors shall also make equipment available for use on other projects or programs currently or previously supported by the federal or state government,providing the use will not interfere with the work on the projects or program for which it was originally acquired. First preferences for other use shall be given to other programs or projects supported by the awarding agency. 3) When acquiring replacement equipment, Subrecipient or its subcontractors may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. £ Disposition of Equipment Acquired with Funds Provided Under this Agreement. When the original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as follows: 1) Equipment with a current per-unit fair market value of less than $1000 may be retained, sold or otherwise disposed of with no further obligation to the TCEQ.Methods used to determine per-unit fair market value must be documented,kept on file and made available to the TCEQ upon request. 2) Equipment with a current per-unit fair market value of$1,000 or more must be disposed of as 6 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 follows: a) Prior to the termination date of this Agreement, Subrecipient and its subcontractors must notify the TCEQ. TCEQ may require Subrecipient or subcontractors to transfer title and possession to the equipment to the TCEQ or a third party named by the TCEQ or may alternatively authorize disposition by sale,transfer or in another manner. b) If,within six years of the initiation date of the Agreement,equipment is sold or transferred, Subrecipient must remit to TCEQ a share of the proceeds from the sale,provided the fair market, per-unit value of the property at the time of the sale is in excess of one thousand dollars ($1,000). The TCEQ's share of the sale proceeds shall be the same percentage as was the funding provided under this Agreement that enabled the original purchase in question. 11. NOTICES.All notices to the parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. Texas A&M University- Corpus Christi Attn:Kimberly Hawkenson 6300 Ocean Drive,Unit 5844 Corpus Christi,TX 78412 City of Corpus Christi Attn: Dante Gonzalez,Ph.D. 1702 Horne Road Corpus Christi,TX 78416 12. Export Administration. a. It is understood that Subrecipient is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations under this Agreement are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. b. Both Subrecipient and City hereby agree and warrant that the program and development contemplated under this Agreement, and any exchange of technical data, computer software or other commodities resulting from this Agreement, shall be conducted in full compliance with the export control laws of the United States. 13. LIABILITY.IT IS UNDERSTOOD THAT THE CITY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST SUBRECIPIENT, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S EMPLOYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF SUBRECIPIENT PERSONNEL UNDER THIS AGREEMENT, AND SUBRECIPIENT AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE Ill OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD CITY HARMLESS FROM ANY AND ALL CLAIMS. IT IS ALSO UNDERSTOOD THAT SUBRECIPIENT SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF ACTIVITIES OF THE CITY OR ITS EMPLOYEES, AND CITY AGREES, TO THE EXTENT PERMITTED BY SECTION 49,ARTICLE Ill OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD SUBRECIPIENT HARMLESS FROM ANY AND ALL CLAIMS. 14. INDEPENDENT CONTRACTOR.For the purpose of the Agreement and all services to be provided under this Agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or 7 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 employees of the other party. Neither party shall have authority to make any statements, representations or commitments of my kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this Agreement or authorized in writing. 15. ASSIGNMENT AND SUBCONTRACTING. a. Subrecipient shall not assign nor transfer Subrecipient's interest in this Contract or any portion thereof without the written consent of the City, and if applicable,the Grantor of the grant source. Any attempt to transfer,pledge or otherwise assign shall be void ab initio and shall confer no rights upon any third person or party. b. None of the work or services covered by this Contract shall be sub-contracted without the prior written consent of the City and Grantor of the grant source, if so,required by said Grantor. Any work or services for sub-contracting hereunder, shall be sub-contracted only by written Contract,and unless specific waiver is granted in writing by City, shall be subject by its terms to each and every provision of this Contract. Compliance by sub-contractors with this Contract shall be the responsibility of Subrecipient. Subrecipient agrees that payment for services of any sub-contractor shall be submitted through Subrecipient, and Subrecipient shall be responsible for all payments to sub-contractors. c. Subrecipient must comply with all applicable local, state and federal procurement standards, rules, regulations and laws in all its sub-contracts related to the work or funds under this Contract. It is further agreed by the Parties that the City has the authority to monitor, audit, examine, and make copies and transcripts of all subcontracts, as often as deemed appropriate by the City. If,in the sole determination of the City,it is found Subrecipient failed to comply with this Section,then Subrecipient will be deemed to be in default of this Contract, and as such,this Contract will be subject to termination. d. Licenses and Training for Subcontractors. Subrecipient warrants and certifies that Subrecipient's subcontractors have the requisite training,license or certification to provide the services required under this Contract, and that they meet all competency standards promulgated by relevant authoritative bodies, as applicable to the services provided hereunder. e. Subrecipient certifies that its subcontractors are not presently debarred, suspended or proposed for debarment,declared ineligible or voluntarily excluded from participation in any state or federal program. 16. AMENDMENTS AUTHORIZED. a. The representatives who were authorized to sign this Agreement are authorized to execute minor amendments to this Agreement, such as changes in deadlines and minor changes in the scope of work. b. Any amendments to this Agreement resulting from amendments to the Grant that increases the scope of work under this Agreement due to TCEQ's award of additional funding to the City as a result of the Statement of Work prepared by Subrecipient under this Agreement must be authorized by the City Council and the funds appropriated before an amendment to this Agreement is executed. c. Any amendments to this Agreement increasing or decreasing the amount the City is obligated to pay Subrecipient by more than $25,000 must be authorized by the City Council before an amendment to this Agreement is executed. 17. SEVERABILITY. If any of the provisions of the Agreement in the application thereof to any person or circumstance,is rendered or declared illegal for any reason,or shall be invalid or unenforceable,the remainder of the Agreement and the application of the provisions to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent allowed by applicable law. The City and Subrecipient agree that this Agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 18. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree the TCEQ may intervene in the proceedings as an interested party. c. The Director of Procurement and Disbursements,Subrecipient,is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of Subrecipient. 19. VENUE. Subrecipient acknowledges and agrees that because this Agreement has been executed, and will be administered in Nueces County, Texas, the Agreement is to be performed in Nueces County. Subrecipient acknowledges and agrees that any permissible cause of action involving this Agreement will arise solely in Nueces County.If legal action relating to this claim is permissible and there are two or more counties or proper venue under the rules of mandatory, general, or permissive venue and one of the counties is Nueces County, Subrecipient agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 20. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the subject matter and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. 21. AUTHORIZATION OF GOVERNING BODIES.The individuals executing this Agreement certify that this interlocal agreement has been authorized by the Governing Body for their entity, as required by Section 791, Texas Government Code. 22. NO WAIVER OF IMMUNITY.No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. Entire Contract. This Contract and its attachments,if any,contain all of the terms and conditions agreed upon, constitute the entire and integrated Contract between the Parties, and supersede all prior negotiations, representations,or contracts,either oral or written. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. TEXAS A&M UNIVERSITY-CORPUS CHRISTI BY: 03/27/2025 Kimberly Hawkenson, CRA,Director Date Office of Sponsored Research Administration CITY OF CORPUS CHRISTI BY: Sony Peronel Date Assistant City Manager 9 Grantee:City of Corpus Christi Project:Rider 7 PM2.5 Local Air Quality Planning Grant Contract#: 582-24-01390 ATTEST BY: Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: BY: Buck Brice Deputy City Attorney EXHIBIT A: TCEQ Contract No. 582-24-01390 EXHIBIT B: Statement of Work EXHIBIT C: Approved Budget 10 i EXHIBIT A, TCEQ CONTRACT TCEQ Contract Name:City of Corpus Christi Rider 7 Phi2.5 Local Air Quality Planning Grant Contract Number:582.24.01390 Texas Commission on Environmental Quality CONTRACT SIGNATURE PAGE Contract Name: Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number: 582-24-01390 Performing Party: City of Corpus Christi Performing Party Identification Number: 17460005741 Maximum Authorized Reimbursement: $139,501.00 Effective Date: ❑ 09/01/2024 ® Date of last signature Expiration Date: ® 12/31/2025 ❑ Last day of Fiscal Year in which the Contract was signed ❑ If checked, this Contract requires matching funds. Match Requirement: ❑ If checked, this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: ❑ Gov't Code ch. 771 (Interagency) ❑Gov't Code ch. 791 (Interlocal) ❑Water Code § 5.229(Intergovernmental) ®Water Code§ 5.124(Grant) The Texas Commission on Environmental Quality(TCEQ), an agency of the State of Texas,and the named Performing Party, a state agency or local government of the State of Texas,enter this agreement(Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the Performing Party;(b)this Contract consists of all documents specified in the list of Contract Documents following this page;and(c)as authorized by TCEQ Performing Party will conduct Contract Activities as part of its own authorized governmental functions and TCEQ will reimburse Allowable Costs subject to the Texas Grant Management Standards(TxGlviS)and this Contract. Texas Commission on City of Corpus Christi Environmental Quality (Performing Party) Donna F. H uff Digitally signed by Donna F.Huff Date:2024.08.28 16:11:29-05'00' Authorized Signature Auth rize I Signature Donna P Huff Sony Peronel Printed Name Printed Name Deputy Director,TCEQ Air Quality Division Assistant City Manager Title Title Date Date ,F/Vlt4-7/ .GCr. 4li'� Procurements&Contractsditepresentative Demetria Avery, CTCM, CTCD Printed Name 08/22/2024 Date 1 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 CONTRACT DOCUMENTS LIST This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page and marked by an "X." Documents on this list include all amendments. In the event of a conflict of terms, the Contract Documents as amended control in the descending order of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract provisions, however, are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws, rules and regulations. M Contract Signature Page ® Contract Documents List (this page) ® Special Terms and Conditions ® Scope of Work ® General Terms and Conditions ® Cost Budget ® Notices, Project Representatives and Records Locations ® Attachment A - Financial Status Report ® Attachment B -Release of Claims ® Attachment C -Budget Revision Request Form ® Attachment D - Level of Effort Certification M Attachment E - Personnel Eligibility List 2 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 SPECIAL TERMS AND CONDITIONS These Special Terms and Conditions add to, or in the case of conflicts, supersede and take precedence, as set forth in the Contract Documents List. 1. The following is added to Article 4, REIMBURSEMENT, in the General Terms and Conditions: 4.9 Financial Status Report. The Performing Party will submit a quarterly report on the Financial Status Report (FSR, Attachment A), documenting the allowable expenditures, and administrative costs incurred in the previous quarter for performing the Scope of Work and the remaining balance of funds. The Performing Party's FSRs shall be complete and conform to all reimbursement or invoice requirements specified by TCEQ. The Performing Party must include documentation with the FSR demonstrating expenses incurred. All administrative costs are capped by Rider 7 in the TCEQ FY24-25 appropriation (HB 1, 88th Legislature) at 10%, and this limit must be demonstrated on each FSR. 2. The following are added to Article 16. UNIFORM ASSURANCES, in the General Terms and Conditions: 16.1.13 The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. 16.1.14 Information, documentation, and other material in connection with this grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, Performing Party is required to make any information created or exchanged with the State pursuant to the contract or grant, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 3. ADMINISTRATIVE COSTS 3.1 In accordance with Rider 7 in the TCEQ FY24-25 appropriation(HB 1, 8811 Legislature), no more than 10 percent of the allocation may be used for administrative purposes. 3.2 Administrative Costs are costs incurred by the Performing Party that can be identified separately and assigned to a specific project, used in order to properly administer and manage the contract funds. Administrative costs may include, but are not limited to, providing general supervision for grant activities, administering sub-contracts, submitting reports, and preparing and submitting invoices and FSRs. 4. SPECIFIC REQUIREMENTS FOR COSTS. Performing Party will adhere to the amounts listed in the Cost Budget Categories or follow the Budget Revision Request (BRR, Attachment C) procedures. Performing Party will establish and maintain records of costs in accordance with Texas Grant Management Standards (TxGMS) and generally accepted accounting principles and practices and submit, in a format acceptable to TCEQ, an itemized price breakdown together with supporting documentation. All service dates on invoices must match supporting documentation dates. 3 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PN12.5 Local Air Quality Planning Grant Contract Number:582-24-01390 S. GRANTEE PERFORMANCE EVALUATION Performance evaluations are a part of the TCEQ review of the Performing Party and may be a factor in the selection of future grants. The TCEQ may provide this information to state agencies and others. The Performing Party consents to the disclosure of any information or opinion in the evaluations. 4of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 SCOPE OF WORK 1. Introduction(Purpose) City of Corpus Christi (Performing Party) will conduct air quality planning activities in accordance with Rider 7 of the Texas Commission on Environmental Quality's (TCEQ) Legislative Appropriation from the 88th Legislature. Rider 7 funds are limited to inventorying emissions, monitoring of pollution levels, air pollution and data analysis; modeling pollution levels; and administration of the program. Rider 7 further requires that no more than 10% of the allocation be used for administrative purposes and prohibits the expenditure of the following: marketing and outreach activities, bicycle use programs, carpooling awareness, environmental awareness campaigns, and locally enforceable pollution reduction programs. The grant recipients shall channel the funds to those projects most useful for the State Implementation Plan (SIP). 2. Description of Activities The Performing Party shall use Rider 7 funds in the following performance/subject areas: A. Inventorying Emissions: The Performing Party may expend Rider 7 funding on activities related to inventorying emissions. Emission inventory projects must be approved in advance by the TCEQ and will be limited to those most useful for the State Implementation Plan (SIP). To maintain consistency with the SIP, the Performing Party and its sub-grantees and subcontractors shall use point, area, and mobile source emissions factors and existing program assumptions used by TCEQ when working with emissions inventories (for any purpose) or existing control strategy programs. These assumptions include compliance and/or control effectiveness parameters. B. Monitoring of Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to monitoring of pollution levels. Pollution monitoring projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. Grant recipients may use Rider 7 funds to support existing or historically operated ambient air monitoring stations or to establish new ambient air monitoring stations. Other stationary or mobile based monitoring projects are potentially allowed on a case-by-case basis. C. Air Pollution and Data Analysis: The Performing Party may expend Rider 7 funding on activities related to air pollution and data analysis. Air pollution and data analysis projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. D. Modeling Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to modeling of pollution levels. Pollution modeling projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. 5 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582.24-01390 3. Tasks and Deliverables Task 1-Project Management The Performing Party will provide technical and fiscal oversight of the project to ensure all activities and deliverables are acceptable, completed as scheduled and within budget, including ensuring that no more than 10% of costs are spent on administrative expenses. Project management will be documented and provided to the TCEQ Project Manager through a Quarterly Progress Report (QPR) and quarterly Financial Status Reports (FSR). The software standards at are Microsoft Word and Microsoft Excel or a software version to be negotiated at the appropriate time. All electronic copies of documentation shall be supplied in these formats or saved in a format that can be imported in such a way that the document or spreadsheet quality is not distorted. Where conversions from one spreadsheet or one word processing format to another result in changes in the formatting that detract from the presentation quality at minimum or result in significant work in restoring the documents or spreadsheets to presentation quality, the work produced will not be acceptable to TCEQ under this Contract. Subtask 1.1 QPR: The Performing Party will electronically submit APRs to the TCEQ Project Manager via email. QPRs will document all activities performed, the status of each relevant deliverable, and the costs incurred that quarter. The Performing Party will submit QPRs by the 30th of December, March, June, and September, aligning with the state fiscal quarters. The Final Report deliverable will serve as the final QPR. Subtask 1.2 FSR: The Performing Party will submit FSRs (Attachment A) to the TCEQ Contract Manager in accordance with the Special Terms and Conditions. Subtask 1.3 Contract Communication: The Performing Party's Project Manager, or a knowledgeable designee, must be available for questions from the TCEQ Project Manager at all reasonable times during the performance of work under this Contract, and for at least one month after the Contract has been completed. The Performing Party will maintain regular telephone and/or email communication with the TCEQ Project Manager regarding the status and progress of the project and on any matters that require attention between QPRs. Matters that must be communicated to the TCEQ Project Manager include, but are not limited to: o Notification a minimum of 30 days before the Performing Party has scheduled public meetings or events, or other major Task activities or developments. o Notification within 15 days regarding events or circumstances that may require changes to the Budget, Statement of Work, or Schedule of Deliverables. The Performing Party may need to participate in meetings between the TCEQ, U.S. EPA Region 6, and possibly interested stakeholders either in person or via telephone, internet conference, etc. 6 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Task 2 - Statement of Work The Performing Party must submit and obtain approval of a Statement of Work detailing the use of Rider 7 funds for inventorying emissions and/or monitoring pollution levels before expending the funds. Subtask 2.1 Statement of Work- The Statement of Work must contain the following pieces of information and any others deemed necessary by TCEQ to address the intent of the Contract (e.g., figures, tables, work products, processes, deliverables, etc.) Each of the sections must be named or titled using the following headings: 1. CONTRACT NUMBER, PERFORMING PARTY NAME,AND CONTRACT NAME. 2. PERFORMING PARTY'S PROJECT MANAGER(S): The name(s) and contact information of the project manager(s) to be assigned to the activities under the Contract and the names and contact information of alternate personnel in the event the project manager is unavailable to perform assigned tasks. 3. PERSONNEL ELIGIBILITY LIST: A completed Attachment E: Personnel Eligibility List (PEL). 4. SUBCONTRACTORS or SUBGRANTEES TO BE USED UNDER THIS CONTRACT. 5. QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES. See detail under Subtask 2.2, below. The Statement of Work shall address which technical activities will require a Quality Assurance Project Plan(QAPP). The Performing Party may not commence technical activities until the QAPP is developed and accepted by the TCEQ. 6. TIMELINE: The schedule for the project described by the Contract's Schedule of Deliverables. If there is a conflict with the timeline included in the Contract, the Performing Party must bring this to the attention of TCEQ Project Manager. Please include a PROJECT MILESTONES &WORK (ACTIVITIES) BREAKDOWN STRUCTURE. JRE. 7. BUDGET: Complete the Cost Budget form for the Contract. The budget submitted must be sufficiently detailed to allow TCEQ to easily determine the hours, prices, and personnel, by classification, related to each task and deliverable, and must also include a total for the proposed Statement of Work. 8. TECHNICAL APPROACH/METHOD: The technical approach/method for the Statement of Work must contain detailed descriptions of the tasks and deliverables and the dates that deliverables must be provided to the TCEQ by Performing Party. 9. MODELS AND SOFTWARE TO BE USED BY PERFORMING PARTY: Models, software, and any other tools in addition to those already specified in the Contract to be used to complete the project described in the Contract, as well as the documentation procedures where applicable. If a substitute model is proposed, Performing Party must clearly identify that it is being proposed as a substitute and explain why. If it is not specifically approved by TCEQ as a substitute, Performing Party must use the models and software specified in the Contract. 7of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.S Local Air Quality Planning Grant Contract Number:582-24-01390 10. MISCELLANEOUS INFORMATION OR ELEMENTS. If the Performing Party is aware of any additional requirements which will apply to the work being performed, the Performing Party must include them in its Statement of Work. 11. SIGNATURE BY PERFORMING PARTY: The Performing Party must have the Statement of Work signed and dated by a person with the authority to bind the Performing Party to the performance of the Statement of Work (please include the title and printed name of the person signing the Statement of Work). The TCEQ Project Manager will review the Performing Party's Statement of Work and either make comments and suggest changes or approve the Statement of Work as prepared by the Performing Party. Upon TCEQ's approval, the Performing Party's Statement of Work is incorporated into the Contract. If the Performing Party becomes aware of any additional applicable requirements after TCEQ has approved the Statement of Work, the Performing Party shall notify TCEQ and submit a revised Statement of Work. Subtask 2.2 Quality Assurance/Quality Control(QA/QC)Procedures The Performing Party must draft and follow a QAPP.A QAPP addresses the quality assurance process the Performing Party will undertake to ensure the adherence of data or other products to established criteria. The Performing Party is responsible for the content and quality of the QAPPs and their implementation. The QAPPs shall address the technical activities detailed in the Statement of Work following the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-5. All funded activities shall adhere to the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-5, and include full documentation of the methods and procedures used. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved QAPP. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences.Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be performed prior to Performing Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA.Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. A QAPP for this project must include a formal QA/QC program that will ensure Contract activities and deliverables are of known and acceptable quality. The QA/QC requirements must be consistent with the TCEQ Quality Management Plan. Task 3 -Inventorying emissions,monitoring of pollution levels, air pollution and data analysis, modeling pollution levels, and administration of the program Subtask 3.1 Inventorying Emissions: The Performing Party may expend Rider 7 funding on activities related to inventorying emissions and emission inventory(EI) development defined as: 8 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 1. Updates to applicable source classification code specific activity and population data; 2. Updates to applicable source classification code specific profiles; 3. Updates to EI data element (emissions factors, projection factors, and control efficiencies); 4. The development of updated EIs using the EPA's approved methodologies and modeling applications; and 5. Refinements to the speciation, spatial allocation, and temporal allocation of emissions for SIP modeling. EI projects shall be limited to those most useful for the SIP and associated with PM2.5 under this grant. To maintain consistency with the SIP, the Performing Party and its sub-grantees and subcontractors shall use point, area, and mobile source emissions factors and existing program assumptions used by TCEQ when working with EIs (for any purpose) or existing control strategy programs. These assumptions include compliance and/or control effectiveness parameters. To facilitate use by TCEQ all non-point EI data developed through these activities should be in CERS XML format or other formats compatible with applicable TCEQ databases. Additionally, EI development shall adhere to the principles and practices of the following: a. Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations b. Air Emissions Inventory Improvement Program(EIIP) All inventory activities must conclude on or before October 31, 2025. Subtask 3.2 Monitoring of Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to monitoring of pollution levels. Pollution monitoring projects under this grant should be limited to those most useful for the SIP and must be associated with PM2.5. Grant recipients may use Rider 7 funds to support existing or historically operated ambient air monitoring stations or to establish new ambient air monitoring stations. Other stationary or mobile based monitoring projects are potentially allowed on a case-by-case basis. Regarding site access and data hosting: 1. Projects proposing monitoring equipment to be collocated with a TCEQ stationary monitoring site will be subject to approval and may be prohibited based on limitations in existing site agreements with property owners. 2. Projects that include the collection of air quality monitoring data must consider data management as a key component of the project. Reliance upon TCEQ data systems to host or display data collected under a Rider 7 project should not be assumed. All monitoring activities must conclude on or before November 30, 2025. Subtask 3.3 Air Pollution and Data Analysis: The Performing Party may expend Rider 7 funding on activities related to air pollution and data analysis. Air pollution and data analysis projects should be limited to those most useful for the SIP and must be associated with PM2.5 under this grant. 9 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.S Local Air Quality Planning Grant Contract Number:582-24-01390 All air pollution and data analysis activities must conclude on or before October 31, 2025. Subtask 3.4 Modeling Pollution Levels: The Performing Party may expend Rider 7 funding on activities related to modeling pollution levels. Modeling projects should be limited to those most useful for the SIP and must be associated with PM2.5 under this grant. All modeling pollution levels activities must conclude on or before October 31, 2025. Task 4 - Draft and Final Reports The Performing Party shall analyze the results of all projects and work funded under Task 3. The Performing Party shall submit a report to TCEQ that documents the data and findings from all projects and work funded under Task 3. Subtask 4.1 Draft Report: The Performing Party must provide the Draft Report required under in any one or combination of the following: ® as a loose-bound original suitable for copying, with the following number of additional copies: One (1) ❑ on Compact Disc, including all other electronic deliverables ® in an FTP file, including all other electronic deliverables unless another format is specified below, and/or ® other: An electronic format delivered via email in Microsoft Word and/or PDF. The Draft Report shall provide a comprehensive overview of activities undertaken and any data collected and analyzed. The Draft Report must highlight major activities and key findings, provide pertinent analysis, and detail relevant statistics including data, parameter, or model completeness, accuracy and precision. The Draft Report shall include the following components: 1. an executive summary or abstract; 2. a detailed description of all projects funded under Task 3; 3. a detailed discussion of the Performing Party's analyses and findings under Task 4. 4. a discussion of the pertinent accomplishments, shortfalls, and limitations of the activities completed under Task 3; and 5. all data and analyses from projects funded under Task 3 and the Performing Party's evaluation of those results under Task 4. Subtask 4.2 Final Report: The Performing Party will consider all comments received from TCEQ on the Draft Report and prepare a Final Report. The Final Report will be provided in the same format(s) as the Draft Report. 4. Summary Schedule of Deliverables 10 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Deliverable Deliverable Due Date Project Management(Task 1) Deliverable 1.1: QPRs 1.1 Quarterly by the 30th of December,March,June,& September. Deliverable 1.2: FSRs 1.2 Quarterly by the 30th of December, March,June,& September. Deliverable 1.3: Contract Communication 1.3 As needed Statement of Work& QAPP (Task 2) 2.1 Within thirty(30) calendar Deliverable 2.1: Statement of Work days after this Contract is executed by TCEQ. Deliverable 2.2: QAPP 2.2 Within thirty(30) calendar days after Task 2.1 is approved by TCEQ. Inventorying emissions, monitoring of pollution levels, air pollution and data analysis, modeling pollution levels, and administration of the program(Task 3) 3.1 October 31, 2025 Deliverable 3.1: Inventorying Emissions 3.2 November 30, 2025 Deliverable 3.2: Monitoring of Pollution Levels 3.3 October 31, 2025 Deliverable 3.3:Air Pollution and Data Analysis 3.4 October 31, 2025 Deliverable 3.4:Modeling of Pollution Levels Draft and Final Report (Task 4) Deliverable 4.1: Draft Report 4.1: December 1, 2025 Deliverable 4.2: Final Report 4.2: December 31, 2025 11 of 42 I TCEQ Contract Name:City of Corpus Christi Rider 7 PNf2.S Local Air Quality Planning Grant Contract Number:582.24-01390 GENERAL TERMS AND CONDITIONS Revised September 7, 2023 1. CONTRACT PERIOD I.I. Contract Period. The Contract begins on the Effective Date and ends on the Expiration Date as provided on the Contract Signature Page.If no Effective Date is provided, the Effective Date of the Contract is the date of last signature. If no Expiration Date is provided, the Expiration Date is August 31 of the same Fiscal Year in which the Contract is signed. 1.2. Amendments.This Contract is not subject to competitive selection requirements and may be amended by mutual agreement. Except as specifically allowed by the Contract, all changes to the Contract require a written amendment that is signed by both parties. 1.2.1. Material Changes. Material changes to the Contract require a written amendment signed by both parties. These amendments take effect when signed by the Performing Party and TCEQ, unless otherwise designated in the amendment. Material changes include the following: 1.2.1.1. Changes in the total amount of funds in the Budget or the Contract; 1.2.1.2. Changes to the Contract's Expiration Date; 1.2.1.3. Changes to the Scope of Work that affect TCEQ's obligations to the entity providing funding, such as the United States Environmental Protection Agency(EPA), another state or federal agency, or the Texas Legislature; and 1.2.1.4. Changes that affect the material obligations of the Performing Party in this Contract. 1.2.2. Unilateral Amendments. As specifically allowed by the Contract, TCEQ may issue unilateral amendments.Unilateral amendments take effect when issued by TCEQ. 1.2.3. Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project Manager has the authority, without a written amendment, to correct typographical errors; make written Contract interpretations; and make minor, non-material changes to the requirements in the Scope of Work, the Procedures for Work Orders, or the Work Orders (including Proposals for Grant Activities); or as agreed to elsewhere in the Contract.Performing Party must provide TCEQ with a written objection to any Minor Change no later than five (5)business days from the effective date of the Minor Change.A copy of the agreed change shall be retained in the appropriate file by both the Performing Party and TCEQ. 1.2.3.1. Minor,non-material changes include: 1.2.3.1.1. Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract; 1.2.3.1.2. Changes to the schedule in the Work Order including an extension of a deliverable due date, not to exceed the expiration date of the Work Order; 1.2.3.1.3. Changes to the individual tasks/activities in the Scope of Work or Work Order, if applicable, that do not substantially change the obligations of the Parties relative to those tasks/activities; 12of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2,5 Local Air Quality Planning Grant Contract Number:582.24-01390 1.2.4. It is the Performing Party's responsibility to request extensions to the deliverable schedule and other changes that are within the authority of TCEQ. 1.3. Extensions. TCEQ may by unilateral written amendment extend the Expiration Date for a period of up to 90 days. Unless otherwise indicated in the applicable contract amendment, an extension does not extend any other deadlines or due dates other than the expiration of the Contract Period. 2. FUNDS 2.1 Availability of Funds. This Contract and all claims, suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Contract or the respective claim, suit or obligation, as applicable. Performing Party will ensure that this article is included in any subcontract it awards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCEQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement, as amended. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract, costs must be incurred during the Contract Period and within the time limits applicable to the funds from which the Contract is being paid. TCEQ is not obligated to extend deadlines to match the maximum period of the funding. 2.4 Grants.If this Contract was entered under the TCEQ's authority to award grants, TCEQ is providing financial assistance to the recipient to undertake its own project. 2.5 No Debt against the State. This Contract is contingent on the continuing appropriation of funds. This Contract shall not be construed to create debt against the State of Texas. 2.6 Abortion Funding Limitation.Performing Party represents and warrants that payments made by TCEQ to Performing Party and Performing Party's receipt of appropriated funds under the Contract are not prohibited by Article IX, Section G of the General Appropriations Act, nor by Texas Government Code Chapter 2273 Prohibited Transactions. 2.7 Excluded Parties. Performing Party represents and warrants that it is not listed in the prohibited vendors lists authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,"published by the United States Department of the Treasury, Office of Foreign Assets Control. Performing Party will notify TCEQ if it can no longer make this representation. 2.8 COVID-19 Vaccine Passport Prohibition.Under § 161.0085 of the Texas Health and Safety Code, Performing Party certifies that it is not ineligible to receive the Contract and will maintain this certification throughout the term of the Contract. 3. ALLOWABLE COSTS 3.1 Conforming Activities. TCEQ will reimburse the Performing Party for necessary and reasonable Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work as authorized by this Contract in the Cost Budget or Fixed Payment Amounts. 3.2 TxGMS. Allowable Costs are restricted to costs that comply with the Texas Grant Management Standards (TxGMS) and applicable state and federal rules and law. The parties agree that all the requirements of TxGMS apply to this Contract, 13 of 42 TCEQ Contract Name:City of Corpus Christi j Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:552-24-01390 i i including the criteria for Allowable Costs.Additional federal requirements apply if this Contract is funded, in whole or in part, with federal funds. 4. REIMBURSEMENT 4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to request reimbursement for its Allowable Costs incurred in performing the Scope of Work. Performing Party's invoice shall conform to all reimbursement requirements specified by TCEQ. 4.2. Personnel Eligibility List (PEL). If TCEQ will be reimbursing salary or wages, Performing Party must submit a completed Personnel Eligibility List (PEL)prior to starting activities under this Contract and an updated PEL with any invoice following changes to the information provided in the most recent PEL. If a Contract amendment is necessary due to changes reflected on the PEL, Performing Party must immediately submit an updated PEL with a request to amend the Contract. 4.3. Level-of-Effort Reporting. Performing Party must submit records to support reimbursement requests for exempt employee salaries, where costs are determined based on percentage of the employee's time performing activities. These records must meet the Standards for Documentation of Personnel Expenses in TxGMS or 2 CFR § 200.430, as applicable based on whether state or federal money is used by TCEQ to fund the grant activities. If TCEQ determines that the records do not comply with the requirements of TxGMS or 2 CFR § 200.430, the Performing Party will work with TCEQ to bring the level of certification into compliance. TCEQ may require the Performing Party to complete the attached Level-of Effort Certification form. The LEC form must be completed and submitted with each invoice, unless otherwise approved by TCEQ in writing. 4.4. Timesheets. The performing Party must retain records of timesheets supporting reimbursement requests for nonexempt employees,which are maintained as part of Performing Party's timekeeping system.Timesheets are not required to be submitted with each request for reimbursement; however, the Performing Party must make timesheets available upon request by TCEQ, as necessary for TCEQ to perform its monitoring requirements and audit purposes. 4.5. Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.6. No Interest for Delayed Payment. Since the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable for any late payments. 4.7. Release of Claims. As a condition to final payment or settlement, or both, the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment under this Contract. 4.8. State Agencies/Institutions of Higher Education. If the Performing Party is a state agency or institution of higher education, payments must be made via interagency transaction voucher (ITV); please provide a Recurring Transaction Index(RTI) number on the face of the invoice. For payments that are to be deposited into a local bank account, the following statement must be placed on the face of the invoice: "Funds to be deposited into local bank account." For 14of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 additional information,please refer to the Texas Comptroller's Accounting Policy Statement (APS) 014. S. FINANCIAL RECORDS,ACCESS,AND AUDITS 5.1 Audit of Funds. The Performing Party understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor during any audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Performing Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this contract shall be retained for a period of three (3)years after date of submission of the final reimbursement request. 6. PERFORMING PARTY'S RESPONSIBILITIES 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is performed at Performing Party's sole risk as to the means, methods, design, processes, procedures, and performance. 6.2 Identification and Flow Down Requirements. Any subaward from this Contract by the Performing Party to a subgrantee must be clearly identified as a subaward. The Performing Party must flow down applicable Contract requirements to subgrantees and subcontractors. 6.3 Independent Contractor. The parties agree that the Performing Party is an independent contractor. Nothing in this Contract shall create an employee- employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.5 No Third Party Beneficiary. TCEQ does not exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between TCEQ and any of the Performing Party's subcontractors, suppliers, or other persons or organizations with a contractual relationship with the Performing Party. 6.6 Security Requirements. If Performing Party accesses, transmits,uses, or stores TCEQ data: 1) Performing Party shall meet the security controls specified by TCEQ; and 2) Performing Party must annually provide TCEQ documentation demonstrating that it meets the specified TCEQ security requirements. 15 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.S Local Air Quality Planning Grant Contract Number:S82-24-01390 6.7 Cybersecuriry Training. Performing Party shall ensure that any Performing Party representative (employee, officer, or subcontractor personnel)who has Access to a TCEQ Computer System or Database completes a cybersecurity training program certified by the Texas Department of Information Resources (DIR)under § 2054.519 of the Texas Government Code, when the Contract is executed and annually as applicable. 6.7.1 "Access to TCEQ Computer System or Database" means having a TCEQ network user account or the authorization to maintain,modify, or allow access control to any TCEQ web page, TCEQ computer system, or TCEQ database. 6.7.2 Within seven (7) days after the execution of the Contract, the Performing shall provide a list of persons requiring training to the TCEQ Contract Manager, and thereafter provide an updated list by the first workday of any additional person who becomes subject to the cybersecurity training requirements. For applicable umbrella contracts, Performing Party shall provide a list of any persons requiring training within seven(7) days of issuance of Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.7.3 If a Performing Party representative has previously completed a DIR-certified cybersecurity training during a State of Texas fiscal year in which the Contract is effective, Performing Party shall provide evidence that the Performing Party representative completed the required training to the TCEQ Contract Manager within seven (7) days after the execution of the Contract or as applicable, the issuance of a Notice to Proceed/Commence for any Work Order that requires Access to a TCEQ Computer System or Database. 6.7.4 For Contracts that have contract periods that exceed a year (extend beyond August 31 of the year in which they are entered), all persons performing Work under the Contract shall take cybersecurity training renewal each fiscal year after the year in which the contract becomes effective. By Augustls`each year, the Performing Party must provide to the TCEQ Contract Manager either: (1) a list of persons that must complete cybersecurity training during the upcoming State of Texas Fiscal Year; or (2) provide evidence that the Performing Party representative completed the required training. Performing Party shall retain in their records, and upon request, provide the TCEQ Contract Manager evidence that the training was successfully completed. 6.7.5 TCEQ will provide access to the cybersecurity training program. Performing Party is responsible for all other costs associated with their representatives completing the training, including time spent completing the training. 6.7.6 Performing Party shall notify the TCEQ Contract Manager within two (2) business days when a person with Access to a TCEQ Computer System or Database no longer needs Access to such Computer System or Database. 6.7.7 TCEQ may terminate the Contract for Cause if Performing Party fails to adhere to any of the above terms, including completing the required certified cybersecurity training or notifying the TCEQ Contract Manager when access is no longer needed. 6.7.8 TCEQ may terminate the Contract for Cause if a Performing Party representative misuses a TCEQ Computer System or Database, including allowing multiple individuals to utilize a single individual's TCEQ network user account. 6.8 Prohibited Technologies. Performing Party certifies that Prohibited Technologies will not be used on any of Performing Party's or its employees', contractors', and 16 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 subcontractors' devices including personally-owned devices, if those devices are used to access state-owned data or information systems. These devices include cell phones, tablets, desktop and laptop computers, and other internet-capable devices. "Prohibited Technologies"refers to software, applications, technologies, hardware, and equipment, and any of the aforementioned items made by the developers or manufacturers on the Prohibited Technologies list located on the Texas Department of Information Resources'website at: https•//dir.texas.jzov/information-securitylprohibited-technologies.In addition to the DIR list, TCEQ in its sole discretion may designate additional prohibited technologies. 7. TIME AND FORCE MAJEURE 7.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 7.2 Delays. Where Performing Party's performance is delayed, except by Force Majeure or act of the TCEQ,TCEQ may withhold or suspend reimbursement, terminate the Contract for cause, or enforce any of its other rights(termination for convenience may be effected even in case of Force Majeure or act of TCEQ). 7.3 Force Majeure.Force majeure is defined as acts of God,war, fires, explosions, hurricanes, floods, or other causes that are beyond the reasonable control of either party, could not reasonably be foreseen, and by the exercise of all reasonable due diligence,is unable to be overcome by either party. Neither party shall be liable to the other for any failure or delay of performance of any requirement included in the contract caused by force majeure.Upon timely notice by the non-performing party, the time for performance shall be extended for a reasonable period after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform.The non-performing party must provide evidence of any failure resulting in impossibility to perform. 8. CONFLICT OF INTEREST 8.1 Performing Party shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Contract by Performing Party or any related entity or individual, Performing Party shall promptly disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest,including but not limited to disclosure of: a. Any consulting fees or other compensation paid to employees, officers, agents of Performing Party, or members of their immediate families, or paid by subcontractor or subrecipients; or b. Any organizational conflicts of interest between Performing Party and its subcontractors or subrecipients under a subaward. 8.2 No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work,nor have access to information regarding any portion of the Scope of Work,without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Contract. 9. DATA AND QUALITY 9.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials 17of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 9.2 Quality Assurance. All work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a TCEQ- approved Quality Assurance Project Plan(QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describe environmental processes, location, or conditions, and ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to Performing Party's receipt of the CAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, Performing Party's failure to meet the terms of the CAPP may result in TCEQ's suspension of associated activities and non- reimbursement of expenses related to the associated activities. 9.3 Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code § 25.6. 10.INTELLECTUAL PROPERTY 10.1. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Contract. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise-wide license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for TCEQ non-commercial purposes, and other purposes of the State of Texas. 10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, modify, or otherwise use for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Contract, and associated user documentation. 11.INSURANCE AND INDEMNIFICATION 11.1 Insurance. Unless prohibited by law, the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. Before any Performing Party contractor performs any work at a TCEQ facility, Performing Party shall provide TCEQ a Certificate of Insurance for the Contractor's Workers Compensation and Employer's Liability Insurance. 18of42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES,AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORJviANCE OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS, OR DIRECTIVES. THE DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT. 12. TERMINATION 12.1 Termination for Cause. TCEQ may, upon providing 10 days' written notice and the opportunity to cure to the Performing Party, terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 12.2 Termination for Convenience. TCEQ may, upon providing 10 days'written notice to the Performing Party, terminate this Contract for convenience. Termination shall not prejudice any other right or remedy of TCEQ or the Performing Party. Performing Party may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination. Performing Party shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages, or other economic loss arising out of or resulting from the termination. 12.3 If, after termination for cause by TCEQ, it is determined that the Performing Party had not materially failed to comply with the Contract, the termination shall be deemed to have been for the convenience of TCEQ. 13.DISPUTES, CLAIMS AND REMEDIES 13.1 Payment as a Release. Neither payment by TCEQ nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of Performing Party from liability under this Contract. 13.2 Schedule of Remedies available to the TCEQ. In accordance with Texas Government Code Chapter 2261 the following Schedule of Remedies applies to this Contract. In the event of Performing Party's nonconformance, TCEQ may do one or more of the following: 13.2.1. Issue notice of nonconforming performance; 13.2.2. Reject nonconforming performance and request corrections without charge to the TCEQ; 13.2.3. Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; 13.2.4. Suspend all or part of the Contract Activities or payments, or both,pending accepted revision of the nonconformity; 19 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 13.2.5. Demand restitution and recover previous payments where performance is subsequently determined nonconforming; 13.2.6. Terminate the contract without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. 13.3 Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. 13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract or applicable law. 14. SOVEREIGN IMMUNITY The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by law. IS.SURVIVAL OF OBLIGATIONS Except where a different period is specified in this Contract or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, survive for four(4)years beyond the termination or completion of the Contract, or until four (4)years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 16.UNIFORM ASSURANCES 16.1 Uniform Assurances. Performing Party assures compliance with the following uniform assurances from TxGMS, as applicable to this Contract. Other assurances from TxGMS may be included elsewhere in this Contract. 16.1.1 Performing Party represents and warrants its compliance with Texas Government Code Section 2054.5191 relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 16.1.2 Performing Party certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM) maintained by the General Services Administration. 16.1.3 Performing Party agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 16.1.4 Performing Party represents and warrants that it will comply with Texas Government Code Section 2252.906 relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. 16.1.5 In accordance with Texas Government Code Section 669.003, relating to contracting with the executive head of a state agency, Performing Party certifies that it is not (1) the executive head of the TCEQ, (2) a person who at any time during the four years before the date of the Contract was the executive head of the TCEQ or(3) a person who employs a current or former executive head of the TCEQ affected by this section. 20 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 16.1.6 Performing Party acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: • Parts 2 and 3 of the Texas General Appropriations Act,Art. IX, except there is no requirement for increased salaries for local government employees; • Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and • Sections 2113.012 and 2113.101 of the Texas Government Code. 16.1.7 Performing Party represents and warrants that TCEQ's payments to Performing Party and Performing Party's receipt of appropriated or other funds under the Contract are not prohibited by Texas Government Code Section 556.0055 which restricts lobbying expenditures. 16.1.8 Performing Party represents and warrants that in the administration of the Contract,it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Texas Local Government Code Chapter 176. If circumstances change during the course of the contract or grant, Performing Party shall promptly notify TCEQ. 16.1.9 Performing Party represents and warrants its compliance with Chapter 5 51 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. 16.1.10 Performing Party represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. 16.1.11 Performing Party certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code §364.003. If Performing Party is currently being sued under the provisions of Local Government Code §364.003, or is sued under this section at any point during the duration of this grant, Performing Party must immediately disclose the lawsuit and its current posture to the TCEQ. 16.1.12 Performing Party represents and warrants that it will comply with Texas Government Code Section 321.022,which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 17. CONTRACT INTERPRETATION 17.1 Definitions.The word "include" and all forms such as "including" mean "including but not limited to" in the Contract and in documents issued in accordance with the Contract, such as Work Orders or Proposals for Grant Activities (PGAs). 17.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 17.3 Delivery of Notice. Notices are deemed to be delivered three (3)working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon 21 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 i i I i receipt by the addressee. Routine communications may be made by first class mail, email, or other commercially accepted means. 17.4 Interpretation of Time. All days are calendar days unless stated otherwise.Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. 17.5 State, Federal Law. This Contract is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 17.6 Severability. If any provision of this Contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity, or unenforceability) and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. 17.7 Assignment. No delegation of the obligations,rights, or interests in the Contract, and no assignment of payments by Performing Party will be binding on TCEQ without its written consent, except as restricted by law. No assignment will release or discharge the Performing Party from any duty or responsibility under the Contract. 17.8 Venue. Performing Party agrees that the Contract is being performed in Travis County, Texas,because this Contract has been performed or administered, or both, in Travis County, Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County, Texas. 17.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to the publication or advertisement of information related to this Contract. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 17.10 Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by TCEQ, no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. 17.11 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. 17.12 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 17.13 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code §§ 206.50 and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees that exceptions or exemptions apply. 22 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Cost Budget To be completed by Performing Party and submitted with Schedule of Work Cooperative Reimbursement Contract for State Agencies and Local Governments 1. Budget. Authorized budgeted expenditures for work performed are as follows: Portion that is Budget Cost for Work to be Administrative Category Performed Costs (must be 10% or less of Total) Salary/Wages $9,280.00 $9,280.00 Fringe Benefits $2,274.62 $2,247.62 Travel $0.00 Supplies $0.00 Equipment $0.00 Contractual $0.00 $125.551.30 Construction $0.00 Other $0.00 Indirect Costs 2,422.08 $2,422.08 Total $139,949.70 $139,501.00 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is %26.10 of (check one): ❑ salary and fringe benefits ❑ modified total direct costs ® other direct costs base If other direct cost base, identify: Salaries Only This rate is less than or equal to (check one): ® Predetermined Rate—an audited rate that is not subject to adjustment. ❑ Negotiated Predetermined Rate—an experienced-based predetermined rate agreed to by Performing Party and TCEQ. This rate is not subject to adjustment. ❑ Default Rate—a standard rate of ten percent of salary/wages may be used in lieu of determining the actual indirect costs of the service. 23 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 3. Other. If Budget Category "Other" is greater than $2 5,000 or more than 10% of budget total, identify the main constituents: 4. Travel. In order to be reimbursable, travel costs must be specifically authorized in advance of the travel. Travel costs will be reimbursed only in the amount of actual costs, up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred. 5. Budget Categories. The Budget Categories above have the definitions, requirements and limitations stated in TxGMS. Construction costs are not reimbursable without prior, specific written authorization from TCEQ. 6. Budget Control. a. Cumulative transfers equal to or less than 10% of the Total Budget. Performing Party may transfer amounts between the approved direct cost budget categories so long as cumulative transfers from direct cost budget categories during the Contract Period do not exceed ten percent (10%) of the Total Budget amount. Performing Party must timely submit a Budget Revision Request (BRR) Form reflecting the revised budget. Upon approval by TCEQ, the BRR will be incorporated into this Contract as though it is a document revised under General Term and Condition Section 1.2. The 10%limit does not reset with the approval of each BRR. It resets when an amendment is signed by the parties reflecting changes to the budget. b. Cumulative transfers greater than 10% of the Total Budget. TCEQ must pre-approve in writing all budget revisions that result in the cumulative transfer from direct cost budget categories of funds greater than 10% of the Total Budget during the Contract Period. The Performing Party must request to amend the Contract. A contract amendment is required before Performing Party incurs these costs. c. Performing Party may not transfer amounts to budget categories containing zero dollars without TCEQ pre-approval in writing. 7. Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be submitted to the individual named in the Notices, Project Representatives and Records Location document at monthly intervals. Final invoices shall be submitted within two (2) calendar months after completing the Scope of Work activities. TCEQ may unilaterally extend this deadline by e-mail. a. All invoices must be submitted in a format that clearly shows how the budget control requirement is being met. 8. Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation such as expenses for the invoice period, year-to-date expenses, projected totals for the year (or applicable contract period), percent of budget spent to date, and percentage of budget projected to be spent. Performing Party shall maintain records subject to the terms of this Contract. 9. Indirect Costs. Performing Party's indirect costs will be reimbursed at the reimbursable rate entered above. If no reimbursable rate is shown above, indirect costs are not reimbursable under this Contract. The reimbursable rate must be less than or equal to the rate authorized under TxGMS. To the extent that the reimbursable rate is lower than Performing Party's actual indirect costs, Performing Party is contributing its unreimbursed 24 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number;582-24-01390 (I indirect costs to the successful performance of this Contract, and waives any right it may have to reimbursement of those costs (if this Contract requires matching funds, Performing Party may claim its unreimbursed indirect costs as part or all of its match). Performing Party must fund all unreimbursed indirect costs from other funds. It is the Performing Party's responsibility to ensure that unreimbursed indirect costs are not charged to other projects which do not benefit from them, and that it uses funding sources that may be properly used to fund its unreimbursed costs. 25 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Notices, Project Representatives and Records Location PROJECT TITLE: RIDER 7 PM2.5 LOCAL AIR QUALITY PLANNING GRANT 1. Representatives.The individual(s)named below are the representatives of TCEQ and Performing Party. They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official contract notices must be addressed to the appropriate representative or his or her designee. 2. Changes in Information. Either party may change its information in this Notices, Project Representatives and Records Location document by providing notice to the other party's representative for contractual matters. 3. TCEQ Representatives TCEQ CONTRACT MANAGER TCEQ PROJECT MANAGER (for Contractual Matters) (for Technical Matters) Amy Fountain Macayla Coleman Contract Specialist Project Coordinator Title Title Texas Commission on Environmental Texas Commission on Environmental Quality Quality P.O.Box 13087 P.O.Box 13087 MC-164 MC-206 Austin, Texas 78711-3087 Austin, Texas 78711-3087 Telephone No. (512) 239-1236 Telephone No. (512) 239-4986 Facsimile No. (512) 239-1500 Facsimile No. (512) 239-1500 Email Address: Email Address: Amy.Fountain@tceq.texas.gov Macayla.Coleman@tceq.texas.gov 4. Performing Party Representatives. For Contractual Matters For Technical Matters Vicky Glen Joel Skidmore Finance Grants Manager Air Quality Specialist Title Title Telephone No. (361) 826-3406 Telephone No. (361) 826-1564 Facsimile No. (361) 826-1330 Facsimile No. (361) 826-1330 Email Address: vickyg@cctexas.com Email Address: joels4@cctexas.com 5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless another recipient is identified below: ❑ TCEQ Project Manager /❑TCEQ Disbursements Section/® Other: Invoice_AQD@tceq.texas.gov 26 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 G. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: City Hall, Accounting Operations Office 1201 Leopard Street Corpus Christi TX 78401 (City/State ZIP) 27 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment A: Financial Status Report (FSR) 28 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582.24-01390 Texas Commission on Environmental Quality FINANCIAL STATUS REPORT STATE AGENCY ORGANIZATION UNIT 1. TO WHICH REPORT IS SUBMITTED: 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION(NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE): 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT: YES NO 7. ACCOUNTING BASIS: CASH ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT: FROM TO FROM TO 10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance** Budget This Report Project Cost a Personnel/Salary b Fringe Benefits Travel d Supplies e Equipment Contractual g Construction h Other i Total Direct Costs(Sum a-h) j Indirect Costs kTotal(Sum of i&j) List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories. Please attach receipts,as required,in accordance with your contract. * Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award document. Signature of Authorized Certifying Official Typed or Printed Name and Title Telephone(Area code,number and ext.) Date Submitted 29 of 42 TCLQ Contract Name:City of Corpus Christi Contract Number:582-24-01390 Rider 7 PM2.5 Local Air Quality Planning Grant ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST TOTAL EQUIPMENT EXPENDITURES(must agree with line 10e on Form 20248) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR COST(THIS PERIOD) TASKS TOTAL CONTRACTUAL EXPENDITURES(must agree with line 1 Of on Form 20248) $ *LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. 30 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST(THIS PERIOD) TASKS TOTAL CONSTRUCTION EXPENDITURES(must agree with line 10g on Form 20248) $ *LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. 31 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:SS2-24-01390 ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS PURCHASED (Should match description provided for approval) COST COST TOTAL SUPPLY EXPENDITURES(must agree with line 10d on Form 20248) $ OTHER EXPENDITURES (during this report period) NUMBER DESCRIPTION UNIT TOTAL TASKS PURCHASED COST COST TOTAL OTHER EXPENDITURES(must agree with line 10h on Form 20248) $ *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED$500. 32 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS PERIOD TOTAL PERSONNEL/SALARY EXPENDITURES(must agree with line 1 Oa on Form 20248) $ TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST(THIS PERIOD TASKS TOTAL TRAVEL EXPENDITURES (must agree with line 1 Oc on $ Form 20248) SUBSTANTIATING DOCUMENTATION(time sheets,travel receipts,etc.)MAY BE REQUIRED TO BE ATTACHED TO THIS FORM 33 of 42 TCEQ Contract Name:City of Corpus Cluisti Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Financial Status Report Preparation Instructions 1. The PERFORMING PARTY,in order to obtain reimbursement for those expenditures authorized under this Contract,shall submit, a completed, legible TCEQ Financial Status Report(TCEQ Form 20248)and any required TCEQ Supplemental 20248 forms. Unless directed otherwise in the Contract,the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one(21)days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters(September-November; December-February, March-May;June-August). Each Financial Status Report shall indicate,for each budget sub-category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub-category,and the balance remaining in each budget sub-category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. In addition,the PERFORMING PARTY shall attach,for each reimbursable cost listed on Supplemental Form 20248-1, legible documentation that(1)serves to further identify the specific piece of equipment received or the services provided, (2)clearly identifies the vendor or subcontractor who provided the equipment or services, and (3)that confirms the reimbursable amount listed on the form. In the case of equipment purchases,the attached documentation shall be either a purchase order marked"received/paid"or a vendor-submitted invoice similarly marked. In the case of subcontractor provided services,the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices. 3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. In addition,the PERFORMING PARTY shall attach,for each reimbursable cost listed on Supplemental Form 20248-2, legible documentation that(1)serves to further identify the specific cost,(2)clearly identifies the vendor or subcontractor who provided the construction related materials or services,and(3)that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked"received/paid"or an invoice similarly marked. In the case of subcontractor provided construction services,the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due" amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the"Supply"or"Other"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. In addition,for any single-listed item or service costing more than$500,the PERFORMING PARTY shall attach,for each reimbursable cost listed on Supplemental Form 20248-3, legible documentation that(1)serves to further identify the specific items or services, (2)clearly identifies the vendor or subcontractor who provided the items or services,and(3)that confirms the reimbursable amount listed on the form. Although issued purchase orders and/or invoices marked"received/paid"represent the preferred types of documentation for purposes of this section,the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or"Travel"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives,set forth in the Scope of Work,that such expenditures support or satisfy. Although no supporting documentation is required to be attached to Supplemental Form 20248-4 with respect to reported"Personnel/Salary"expenditures in order to receive reimbursement,the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total,overall hours of staff time being directly billed to this Contract. With respect to employee travel,all costs listed on Form 20248-4 must be supported by attached documentation that identifies the name of the travelers,and that substantiates the reported reimbursable costs. Documentation,for the purpose of substantiating travel-related costs, includes the following: (1) legible copies of the PERFORMING PARTY-approved travel vouchers,signed by the employees who traveled,and (2)for any travel-related expenses under this contract borne directly by the PERFORMING PARTY(and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required)separate receipts showing, at a minimum,the traveler's name,the travel location,and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective,the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order,the various tasks or objectives supported. 34 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment B: Release of Claims (Must be returned with last invoice per the General Term and Condition titled Release of Claims) 35 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:S82-24-01390 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Conditional Final Waiver and Release of Claims Upon receipt and clearance of payment from the Texas Commission on Environmental Quality (TCEQ) in the sum of $ , which constitutes final payment to [Performinq Party's Name] (hereinafter referred to as "Performing Party"), Performing Party and its successors and assigns, release, discharge and relinquish the TCEQ, its officers, agents, and employees from all claims, known or unknown, arising out of or relating to TCEQ Contract Number (Contract). It is expressly agreed and understood that this conditional FINAL waiver and release of all claims is effective, without any further action of any party, only upon clearance of final payment to Performing Party in the above- mentioned amount. Performing Party warrants that it has completed all activities described in the Contract. Executed on this day of , 20 By: (signature) (name) (title) 36 of 42 TCGQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment C: Budget Revision Request (Must be returned as specified in the Cost Budget) 37 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 BUDGET REVISION REQUEST FORM Purpose:To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability. Prior TCEQ review and approval is required before incurring specific costs resulting in cumulative transfers of more than 10%of the total budget. Instructions:Complete 1.-8. Total the amounts. 1.Recipient Organization(Name&Complete Address Including Zip Code): 2.Grant/Contract Title: 3.Payee Identification No 4.TCEQ Contract No.: S.Total Project/Grant Period: 6.Budget Categories: 7.Approved Budget S.Change Requested(+or 9.New or Revised Budget a.Personnel/Salaries b.Fringe Benefits c.Travel d.Supplies e.Equipment f. Contractual g.Construction h.Other i.Total Direct Costs(sum a-h) j.Indirect Costs( 3G x$ [Base: Salary)] k.Total(sum i&j) Justification(Attach additional sheets,if necessary): =*Budget Revision Request must contain all signatures to be approved/valid = Signature of Recipient's Representative Date Type or Printed Name and Title Signature of TCEQ Project Manager Date Type or Printed Name and Title Signature of TCEQ Contract Manager Date Type or Printed Name and Title 38 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 local Air Quality Planning Grant Contract Number:582-29-01390 Attachment D: Level-of-Effort Certification (Certification(s) must be returned with each invoice if required per the General Term and Condition titled Level-of-Effort Certification (LEC)) 39 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PN2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Level-of-Effort Certification [Month] 20[XX] Employee Name: [Name] Project Actual Activities Performed Activity for Which Employee was Compensated (%of Total Hours Worked) TCEQ Contract Nos. 582-XX-XXXXX 0 X 582-XX-XXXXC 0 X 582-XX- X% 582-XX-XXXXX 0 X 582-XX-XXXXX a X 582-XX-XXXXX X Other Projects X (Not Related to TCEQ Contracts/Grants) The information listed above is true and correct. TCEQ may request additional information. Employee Name Supervisor Name Employee Signature Supervisor Signature Date Date 40 of 42 TCEQ Contract Name:City of Corpus Christi Rider 7 PM2.5 Local Air Quality Planning Grant Contract Number:582-24-01390 Attachment E: Personnel Eligibility List (Must be returned per the General Term and Condition titled Personnel Eligibility List (PEL)) 41 of 42 s TC[Q Contract Name:City of Corpus Christi Rider 7 PM2.S Local Air Quality Planning Gran[ Contract Number:582-24-01390 i E Personnel Eligibility List (PEL) Performing Party: Date: 'Staff Name©r`' I)ax e Added ]late Estimated Positian.or,Title fi i.P Removed Lune=to` frQ ri PEL "Co L firs) Only provided for estimation purposes and may be different from actual hours worked. 42 of 42 Texas Commission on Environmental Quality(TCEQ) Contract Name: Rider 7 PM2.5 Local Air Quality Planning Grant THE CONTRACT FROM TCEQ TO: City of Corpus Christi (City of Corpus) Rider 7 PM2.5 Local Air Quality Planning Grant TCEQ PCR No. 01390 Contract Number: 582-24-01390 NOTICE TO COMMENCE Contract Amount: $139,Sol.00 Grant Period 2024-2025 Amount: $139,501.00 Date for Completion of Work: December 31, 2025 TCEQ executed Contract No. 582-24-01390 on August 28, 2024.The Grantee submitted a revised Statement of Work(SOW) for calendar year(CY) 2024 and 2025 on September 25, 2024.The TCEQ Project Manager has reviewed and approved the Grantee's Statement of Work and hereby incorporates the 2024-2025 Statement of Work as an Exhibit to TCEQ's Executed Contract. TCEQ: Texas Commission on Environmental Quality (Authorized Signature) Marissa Jimenez (Printed Name) Project Manager (Title) Date: EXHIBIT B, STATEMENT OF WORK TCEQ Contract Name: City of Corpus Christi Contract#582-24-01390 Rider 7 Local Air Quality Planning Grant STATEMENT OF WORK CITY OF CORPUS CHRISTI (Performing Party/Grantee) CONTRACT (GRANT) NUMBER: 582-24-01390 STATEMENT OF WORK ACTIVITIES NO: 832002S SUBGRANTEES TO BE USED UNDER THIS CONTRACT: TEXAS A&M UNIVERSITY- CORPUS CHRISTI Rider 7—Statement of Work TIMELINE The activities shall begin upon issuance of this executed Statement of Work and must be completed no later than December 31, 2025. TOTAL AMOUNT OF THIS STATEMENT OF WORK ACTIVITIES: $139,501.00 The total amount to be reimbursed by TCEQ for activities performed under this Statement of Work shall not exceed the amount shown above unless the amount is changed by an amendment. GRANT ACTIVITIES The Performing Party will implement all grant activities in order to monitor ozone and inventorying emissions, as required in Rider 7, Texas Commission on Environmental Quality, Article VI of the General Appropriations Act of the 88th Legislature. Task 1-Project Management The City of Corpus Christi will provide technical and fiscal oversight of the project to ensure all activities and deliverables are acceptable, complete as scheduled and within budget, including ensuring that no more 10%of costs are spent on administrative expenses.Project management will be documented and provided to the TCEQ Project Manager through a Quarterly Progress Report (QPR) and quarterly Financial Status Report(FSR). Subtask 1.1 QPR: The City of Corpus Christi will electronically submit QPRs to the TCEQ Project Manager via email. QPRs will 1. Summarize all activities performed with respect to each task and subtask of this statement of work for the previous quarter; 2. Establish performance goals for each task and subtask for the quarter in which the report is delivered; 3. Compare accomplishments on every task and subtask to performance goals established in the previous quarter; 4. Summarize any reasons why performance goals were not met, when applicable; and 5. Provide a preliminary estimate of costs by task and subtask for the reporting period. 1 TCEQ Contract Name: City of Corpus Christi Contract#582-24-01390 Rider 7 Local Air Quality Planning Grant Subtask 1.2 FSR: The City of Corpus Christi will submit FSRs to the TCEQ Contract Manager in accordance with the Special Terms and Conditions. Subtask 1.3 Contact Communication: The City of Corpus Christi's Project Manager will be available for questions from the TCEQ Project Manager during the project and up to one month after completion. Deliverables and Dates Task 1: Deliverable Task 1 Deliverable Date Deliverable 1.1:Quarterly progress and Financial Reports and Financial Status reports Quarterly Progress Status Reports Reports indicated in the Grant;30th of December, March,June and September Deliverable 1.2: Contract Communications will be All reasonable times during communication will be available between both parties available the performance of work and at between both parties least one month after the contract is completed. A minimum of 30 days before public meetings/events, or major task activities or development. Deliverable 1.3 Contact Communication The performing party will be available for communication up to one month after completion of the contract. Cost Breakdown of Task 1: Project Management Salary and Fringes $13,950 Task 2-Statement of Work Subtask 2.1-Statement of work: This document is serving as the statement of work. The purpose of the work is to establish a PM2.5 and PMio monitoring site within the Corpus Christi airshed to support air quality management under the State Implementation Plan (SIP). This includes installing and calibrating a T640X PM analyzer, monitoring PM2.5 and PM10 levels gathering data on physical and chemical atmospheric conditions associated with elevated particulate matter levels. Subtask 2.2-Quality Assurance/Quality Control Procedures: The performing party will follow a QAPP to ensure the adherence of data or other products to established criteria. The Draft QAPP will be submitted within 30 calendar days after Task 2.1 is approved. Deliverables and Dates Task 2: Deliverables Task 2 Date Deliverable 2.1 Statement of Work 1/2025 Draft QAPP submitted within 30 calendar days after Task 2.1 is Deliverable 2.2 QAPP approved.The QAPP must be accepted by the TCEQ prior to the start of technical activities. Deliverable Cost Task 2: $0 (Cost is included in 3.2 Salary and Fringe $20,348) 2 TCEQ Contract Name: City of Corpus Christi Contract#582-24-01390 Rider 7 Local Air Quality Planning Grant Task 3-Inventorying emissions, monitoring of pollutant levels, air pollution and data analysis, modeling pollution levels, and administration of the program Subtask 3.1-Inventorying Emissions: N/A Subtask 3.2-Monitoring of Pollutant Levels: The goal of subtask 3.2 will be to develop a particulate matter (both PM2.5 and PM lo) monitoring site in Nueces County portion of the Corpus Christi airshed.This site will tentatively be co-located with the existing city ozone monitoring site at 4925 Holly Rd, Corpus Christi, TX 78411 due to previous site development, site agreement and power access. A T640X FEM PM2.5 and PM to analyzer and shelter modified specifically for the T640X will be purchased and delivered to the air monitoring site. The PM analyzer will be calibrated according to the Code of Federal Regulations Title 40 Pant 58 and manufacturer specifications and will require a QAPP. This monitoring site will align with the State Implementation Plan (SIP) goals by providing air quality data that could be used to understand air quality in the area. Deliverables and Dates Subtask 3.2 Deliverables Subtask 3.2 Date Deliverable 3.2 Ordering of air monitoring site shelter and instrumentation February 2025 Deliverable 3.2 Lab quality check of instrumentation and field deployment March 2025 Deliverable 3.2 Ambient monitoring data collected at monitoring sites delivered to Continuously between TCEQ and posted on the Coastal Bend Air Quality Partnership website. April 1,2025 through November 30,2025 Cost breakdown Subtask 3.2 Item Cost Salary and Fringe 20,348 Tuition 10,055 Maintenance/Parts/Calibration 12,883 Travel to site 4,000 PM analyzer/shelter 63,000 Indirect 15,265 TOTAL 125,551 Cost descriptions Subtask 3.2: Salary and Fringe (Total$20,348): (PI 0.20 months and MS graduate student 12 months). Tuition (Total$10,055): Tuition for one graduate student over the 1-year period. Maintenance Costs/Replacement parts/Calibration supplies (Total$12,883) Travel to monitoring site($4,000): Truck rental, fuel, mileage PM analyzer and modified air-conditioned shelter (Total $63,000): One T640X FEM PM2.5 and PMio analyzers and air-conditioned shelter modified specifically for the T640X. Indirect ($15,265): Indirect costs requested on this proposal are calculated at the Texas A&M Corpus Christi federally negotiated rate of 41% of Modified Total Direct Costs. Modified total direct costs consisting of all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). Modified total direct costs shall exclude, equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships,participant support costs and the portion of each subaward in excess 3 TCEQ Contract Name:City of Corpus Christi Contract#582-24-01390 Rider 7 Local Air Quality Planning Grant of$25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Subtask 3.3-Air Pollution and Data Analysis Subtask 3.3 will report atmospheric conditions and chemical precursor concentrations associated with high or standard exceeding PM2.5 and PMio measurements in the Corpus Christi airshed. Atmospheric conditions (i.e., wind direction, wind speed, relative humidity, temperature) and ancillary pollutant concentrations (i.e., ozone,NO,)which are measured via separate funding will be obtained directly at the site. The report will be developed through the below investigations and analyses.This task will support the State Implementation Plan. Evaluate wind speeds, wind directions, relative humidity and temperature associated with background and high PM events to determine the local conditions and sources associated with high/low PM levels • Determine diurnal and seasonal trends associated with background and high PM levels • Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to determine source regions likely to affect local area ozone. • Perform weekday vs. weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity • Address additional relevant questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment ofAir Quality goals for Ozone, PM2.5, and Regional Haze. Deliverables and Dates Subtask 3.3 Deliverables Task 3.3 Date Deliverable 3.3 Preliminary analysis upon request with quarterly reports and Quarterly by the 30 of full analysis provided in Draft and Final Reports via Task 4 December,March,June,& September Cost Breakdown Subtask 3.3: $0 (Cost is included in 3.2 Salary and Fringe $20,348) Subtask 3.4-Modelling Pollution Levels: N/A Task 4-Draft and Final Reports Subtask 4.1-Draft Report The draft report will provide a comprehensive overview of activities undertaken and any data collected and analyzed. The draft report will highlight major activities and key findings, provide pertinent analysis and detail relevant statistics, including data, parameter, or model completeness, accuracy and precision. Subtask 4.2-Final Report We will consider all comments received from TCEQ on the Draft Report and prepare a Final Report. The Final Report will be prepared in the same format as the Draft Report. 4 TCEQ Contract Name: City of Corpus Christi Contract#582-24-01390 Rider 7 Local Air Quality Planning Grant Deliverables and Dates Task 4 Deliverables Task 4 Date Deliverable 4.1 Draft Report December 1,2025 Deliverable 4.2 Final Report December 31,2025 Cost Breakdown Task 4: $0 (Cost is included in 3.2 Salary and Fringe $20,348) Summary Schedule of Deliverables for the Statement of Work Task Deliverable Date 1 Deliverable 1.1: Quarterly progress Reports and Financial Status reports Quarterly Progress Reports and Financial Status Reports indicated in the Grant; 30th of December, March, June and September 1 Deliverable 1.2: Contract All reasonable times during communication will be available the Communications will be available performance of work and at between both parties least one month between both parties after the contract is completed. A minimum of 30 days before public meetings/events,or major task activities or development. 1 Deliverable 1.3 Contact The performing party will be available for communication up to Communication one month after completion of the contract. 2 Deliverable 2.1 Statement of Work 1/2025 2 Draft QAPP within 30 calendar days after Task 2.1 is approved. Deliverable 2.2 QAPP The QAPP must be accepted by the TCEQ prior to the start of technical activities. 3 Deliverable 3.2 Ordering of air monitoring site shelter and February 2025 instrumentation 3 Deliverable 3.2 Lab quality check of instrumentation and field March 2025 deployment 3 Deliverable 3.2 Ambient monitoring data collected at monitoring sites Continuously between April 2025 through November 30,2025 delivered to TCEQ 3 Deliverable 3.3 Preliminary analysis upon request with quarterly reports Quarterly by the 30th of December,March,June,& September and full analysis provided in Draft and Final Reports via Task 4 4 Deliverable 4.1 Draft Report December 1,2025 4 Deliverable 4.2 Final Report December 31,2025 5 TCEQ Contract Name: City of Corpus Christi Contract#582-24-01390 Rider 7 Local Air Quality Planning Grant Budget. Authorized budgeted expenditures for work performed are as follows: Total Cost for Portion that is Budget Category Work to be ' Administrative Costs Performed (must be 10/o or less of Total) Salary/Wages $13,950 $13,950 Fringe Benefits Travel $0.00 $0 Supplies $0.00 $0 Equipment $0.00 $0 Contractual $125,551.00 $0 Construction $0.00 $0 Other $0.00 $0 Indirect Costs $0.00 $0 Total $139,501.00 $13,950.00 Performing Party/Grantee: City of Corpus Christi By (Authorized Signature) ca - -a Dante Gonza cz, D Date Interim Director of Public Health 6 EXHIBIT C, BUDGET Authorized Contractual Expenditures for Subrecipient: Item Cost Salary&Fringe $ 20,348.00 Tuition $ 10,055.00 Maintenance/Parts/Calibration $ 12,883.00 Travel to Site $4,000.00 PM Analyzer/Shelter $ 63,000.00 Indirect Costs $ 15,265.00 Total $125,551.00 Expenditure Cost Descriptions: 1. Salary &Fringe - $20,348.00 a. Principal Investigator—0.20 Months b. Master of Science Graduate Student— 12 Months 2. Tuition-$10,055.00 a. Tuition for one graduate student during the 1-Year Contract Period 3. Maintenance/Parts/Calibration- $12,883.00 a. Maintenance costs,replacement parts,calibration supplies. 4. Travel to Site- $4,000.00 a. Truck rental, fuel, and mileage. 5. PM Analyzer/Shelter- $63,000.00 a. One T640X DEM PM2.5 and PM10 analyzer. b. Air-conditioned shelter modified specifically for the T640X. 6. Indirect Costs- $15,265.00 a. Indirect costs requested on this proposal are calculated at the Texas A&M Corpus Christi (TAMU-CC)federally negotiated rate of 41 %of Modified Total Direct Costs, as defined below. b. TAMU-CC's Modified Total Direct Costs shall exclude equipment greater than$5,000 and a useful life greater than I year;capital expenditures;charges for patient care;rental costs;tuition remission; scholarships and fellowships;participant support costs and the portion of each subaward in excess of$25,000. c. Other items may only be excluded when necessary to avoid serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. COLLEGES AND UNIVERSITIES RATE AGREEMENT EIN: 1741760663A1 Date: 01 /30/2023 ORGANIZATION: FILING REF.: The preceding Texas A&M University - Corpus Christi agreement was dated 6300 Ocean Drive 03/25/2019 Unit 5737 Corpus Christi, TX 78412 The rates approved in this agreement are for use on grants, contracts and other agreements with the Federal Government, subject to the conditions in Section III. SECTION I: INDIRECT COST RATES RATE TYPES: FIXED FINAL PROV. (PROVISIONAL) PRED. (PREDETERMINED) EFFECTIVE PERIOD TYPE FROM iQ RATE LOCATION APPLICABLE TO PRED. 09/01 /2022 08/31 /2024 38.00 On Campus Organized Research PRED. 09/01 /2022 08/31 /2024 38.00 On Campus Instruction PRED. 09/01 /2022 08/31 /2024 35.00 On Campus Other Sponsored Activities PRED. 09/01 /2024 08/31 /2026 41 .00 On Campus Organized Research PRED. 09/01 /2024 08/31 /2026 41 .00 On Campus Instruction PRED. 09/01 /2024 08/31 /2027 37.00 On Campus Other Sponsored Activities PRED. 09/01 /2026 08/31 /2027 42.00 On Campus Organized Research PRED. 09/01 /2026 08/31 /2027 42.00 On Campus Instruction PRED. 09/01 /2022 08/31 /2027 26.00 Off Campus All Programs PROV. 09/01 /2027 Until Amended Use same rates and conditions as those cited for fiscal year ending August 31 , 2027. *BASE Modified total direct costs, consisting of all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). Modified total direct costs shall exclude equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Page 1 of 3 U46557 ORGANIZATION:Texas A&M University- Corpus Christi AGREEMENT DATE: 01/30/2023 SECTION II: SPECIAL REMARKS TREATMENT OF FRINGE BENEFITS: The fringe benefits are specifically identified to each employee and are charged individually as direct costs. The directly claimed fringe benefits are listed below. TREATMENT OF PAID ABSENCES: Vacation, holiday, sick leave pay and other paid absences are included in salaries and wages and are claimed on grants, contracts and other agreements as part of the normal cost for salaries and wages. Separate claims are not made for the cost of these paid absences. OFF CAMPUS DEFINITION: For all activities performed in facilities not owned by the institution and to which rent is directly allocated to the project(s) the off-campus rate will apply. Grants or contracts will not be subject to more than one indirect cost rate. If more than 50% of a project is performed off- campus, the off-campus rate will apply to the entire project. FRINGE BENEFITS: FICA Retirement Worker's Compensation Life Insurance Unemployment Insurance Health Insurance Accrued Compensated Absences Your next proposal based on actual costs for the fiscal year ending 08/31 /2026 is due in our office by 02/28/2027. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000. Page 2 of 3 U46557 ORGANIZATION:Texas A&M University- Corpus Christi AGREEMENT DATE: 01/30/2023 SECTION III: GENERAL A. LIMITATIONS: The rates in this Agreement are subject to any statutory or administrative limitations and apply to a given grant, contract or other agreement only to the extent that funds are available.Acceptance of the rates is subject to the following conditions: (1) Only costs incurred by the organization were included in its facilities and administrative cost pools as finally accepted: such costs are legal obligations of the organization and are allowable under the governing cost principles; (2)The same costs that have been treated as facilities and administrative costs are not claimed as direct costs; (3) Similar types of costs have been accorded consistent accounting treatment; and (4)The information provided by the organization which was used to establish the rates is not later found to be materially incomplete or inaccurate by the Federal Government. In such situations the rate(s)would be subject to renegotiation at the discretion of the Federal Government. B. ACCOUNTING CHANGES: This Agreement is based on the accounting system purported by the organization to be in effect during the Agreement period. Changes to the method of accounting for costs which affect the amount of reimbursement resulting from the use of this Agreement require prior approval of the authorized representative of the cognizant agency. Such changes include, but are not limited to, changes in the charging of a particular type of cost from facilities and administrative to direct. Failure to obtain approval may result in cost disallowances. C. FIXED RATES: If a fixed rate is in this Agreement, it is based on an estimate of the costs for the period covered by the rate.When the actual costs for this period are determined, an adjustment will be made to a rate of a future year(s) to compensate for the difference between the costs used to establish the fixed rate and actual costs. D. USE BY OTHER FEDERAL AGENCIES: The rates in this Agreement were approved in accordance with the authority in Title 2 of the Code of Federal Regulations, Part 200 (2 CFR 200), and should be applied to grants, contracts and other agreements covered by 2 CFR 200, subject to any limitations in A above. The organization may provide copies of the Agreement to other Federal Agencies to give them early notification of the Agreement. E. OTHER: If any Federal contract, grant or other agreement is reimbursing facilities and administrative costs by a means other than the approved rate(s) in this Agreement, the organization should (1) credit such costs to the affected programs, and (2) apply the approved rate(s)to the appropriate base to identify the proper amount of facilities and administrative costs allocable to these programs. BY THE INSTITUTION: ON BEHALF OF THE GOVERNMENT: Texas A&M University- Corpus Christi DEPARTMENT OF HEALTH AND HUMAN SERVICES (INSTITUTION) (AGENCY) Arif M. Karim -S Digitally signed by Arif M.Karim 5 J a Clyn M a Il 111'1 a rl rl Digitally signed by Jaclyn Mahlmann Date:2023.02.03 13:29:57-06'00' Date:2023.02.03 14:29:06-06'00' (SIGNATURE) (SIGNATURE) Jaclyn Mahlmann Arif Karim (NAME) (NAME) Vice President of Finance & Administration Director, Cost Allocation Services (TITLE) (TITLE) 2/3/23 01 /30/2023 (DATE) (DATE) HHS REPRESENTATIVE: Denise Shirlee TELEPHONE: (214) 767-3261 Page 3 of 3 U46557 TAMUCC Interlocal Cooperation Agreement for TCEQ Air Quality Monitoring grant Resolution Authorizing an Interlocal Cooperation Agreement Public Health District Interim Director Dr.Dante Gonzalez April 15, 2025 Resolution Resolution authorizing an Interlocal Cooperation Agreement with Texas A&M University - Corpus Christi (TAMUCC) in an amount of up to $125,551.00 for performing air quality monitoring services through December 31, 2025, with funding from a Texas Commission on Environmental Quality (TCEQ) Air Quality grant. City Council April 15,2025 Summary Information The 88th Texas legislature at Article VI of the General Appropriation Act ("Rider 7") made funds available to the Texas Commission on Environmental Quality (TCEQ) to conduct air quality planning activities in areas (including Corpus Christi) considered to be near non-attainment for compliance with the federal ozone standard. The City of Corpus Christi has been awarded grant contracts from TCEQ to perform air quality monitoring activities, most recently TCEQ contract no. 582-24-01390, approved by the City Council on July 16, 2024, for an award amount of$139,501. City Council April 15,2025 Background Information The City seeks approval for an Interlocal Cooperation Agreement with long-standing partner Texas A&M University—Corpus Christi (TAMUCC), as subrecipient to perform specialized air quality monitoring services, in the amount up to $125,551 of the grant, allocated as follows: Item C'ast Salars, &Fringe $ 20,48.00 Tuition $ 10,055.00 Maiutennance:'Par-tsrCalibratiari $ 12,883_00 Travel to Site $4.000.00 PM At>e yzer:Shelter $ 63,000.00 Indirect Costs $ 15,265.00 Total S 125,551.00 City Council April 15,2025 Fiscal Impact @0 Fiscal Impact: FY25 grant award contract TECQ in the amount of $139,501with $125,551to be used in an Interlocal Cooperation Agreement with TAMUCC and 10% ($13,950) of the total amount to go into the Health General Fund. The grant requires no match. • Activity End Date: December 31, 2025 If Disapproved: Rejection of the Interlocal Cooperation Agreement with TAMUCC will discontinue performance of these specialized air quality monitoring services. Recommendation: Staff recommends the approval of the Resolution for the Interlocal Cooperation Agreement. �• �. TAMUCC Interlocal Cooperation Agreement for TCEQ Air Quality Monitoring grant Questions ? s cr'�s G� pia yC-RPOR 11 AGENDA MEMORANDUM I852 Action Item for the City Council Meeting April 15, 2025 DATE: March 19, 2025 TO: Peter Zanoni, City Manager FROM: Sergio Villasana, Director of Finance & Procurement Department SergioV2@cctexas.com 361-826-3227 Juan Rivera, Interim Director of Asset Management JuanR7@cctexas.com 361-826-1674 Mike Markle, Chief of Police MikeMa@cctexas.com 361-886-2601 Resolution authorizing submission of two grant applications to the Texas Department of Emergency Management under the Hazard Mitigation Grant Program — Hurricane Beryl for funding in the amount of$464,171.00 with a required total cost share of $116,042.75. CAPTION: Resolution authorizing submission of two grant applications to the Texas Department of Emergency Management under the Hazard Mitigation Grant Program — Hurricane Beryl for total funding in the amount of$464,171.00, with a total cash match of$116,042.00, to repair damage to the roofs at the Corpus Christi Police Department and Emergency Operations Center Building in coordination with the Finance & Procurement Department, Police Department, and Asset Management Department. SUMMARY: This resolution ratifies the Finance & Procurement Department to submit two grant applications for funding from the Texas Department of Emergency Management. The purpose of the grant is to repair damage to the Corpus Christi Police Department Headquarters and Emergency Operations Center Building roofs caused by previous hazardous weather events. The total project budget is $464,171.00 with a required total cost share of$116,042.75 budgeted through the associated departments. BACKGROUND AND FINDINGS: The Texas Department of Emergency Management, Hazard Mitigation Grant Program — Hurricane Beryl is funded through the U.S. Department of Homeland Security, Federal Emergency Management Agency. The funding is designed to assist the State of Texas in mitigating future disaster damage. These projects may include construction of new facilities, modification of existing, undamaged facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to mitigate future disaster damages. On July 5, 2024, Acting Governor Dan Patrick issued a Disaster Declaration to include Nueces County ahead of Hurricane Baryl's landfall in Texas. On July 10,2024, Governor Greg Abbott announced that 67 counties, to include Nueces County, were approved for federal disaster assistance as part of a Major Disaster Declaration approved by the President of the United States. On October 21, 2024, the Corpus Christi Finance & Procurement Department contacted all City departments to gauge their interest in applying for the Hurricane Beryl Hazard Mitigation Program grant opportunity. Of the departments interested, four (4) grant applications were submitted by departments, based on applicability to grant and available funding to meet the required cost share, on February 21, 2025. The Hurricane Beryl Grant application was later extended to April 14, 2025, allowing the Asset Management Department to apply for two additional grants through the Texas Department of Emergency Management. If selected for the award, we will be notified by July 2025. ALTERNATIVES: The alternative is not to submit the applications and for departments to utilize their own Operating Budgets to pay for the roof repairs. FISCAL IMPACT: Each department is required to provide 25% cost share for their associated grant application as seen below, and budgeted over 2 years, starting FY 2026. Department Grant Funding Request Cost Share Asset Management Department $235,059.00 $58,764.75 Police Department $229,112.00 $57,278.00 Total $464,171 .00 $116,042.75 Funding Detail: Police Department Fund: 1074 Law Enforcement Trust Fund Organization/Activity: 89 Grants & Capital Project Funds Department: 29 Police Department Account: 530210 Building Maintenance & Service Activity: 826000S Asset Management Fund: 5115 Facilities and Property Management Organization/Activity: 40305 Facility Maintenance— Development Center/EOC Department: 12 Asset Management— Facilities Account: 530210 Building Maintenance & Service RECOMMENDATION: Staff recommends ratifying the submission of two grant applications to the Texas Department of Emergency Management for funding in the amount of$464,171.00 with a required total cost share of$116,042.75, budgeted in the department's operating budget and Law Enforcement Trust Fund, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Certificate of Funds Presentation Resolution authorizing submission of two grant applications to the Texas Department of Emergency Management under the Hazard Mitigation Grant Program — Hurricane Beryl for total funding in the amount of $464,171.00, with a total cash match of $116,042.00, to repair damage to the roofs at the Corpus Christi Police Department and Emergency Operations Center Building in coordination with the Finance & Procurement Department, Police Department, and Asset Management Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission, or ratifies submission if the due date for submission preceded the date of this resolution, of two grant applications by the City of Corpus Christi ("City") to the Texas Department of Emergency Management under the Hazard Mitigation Grant Program ("HMGP") — Hurricane Beryl for total funding in the amount of $464,171 .00 with total cash match of $116,042.00 to repair damage to the roofs at the Corpus Christi Police Department and Emergency Operations Center Building in coordination with the Finance & Procurement Department, Police Department, and Asset Management Department. SECTION 2. The Police Department and Asset Management Department are to provide a 25% cost share for their associated grant funding requests, if awarded. SECTION 3. The City Manager or his designee ("City Manager") may apply for, reject, alter, or terminate one or both of the grants if awarded to the City. SECTION 4. The City Council designates the Director of Finance & Procurement as the City's authorized official. The authorized official is empowered to apply for, accept, reject, alter, or terminate one or both of the grants and related funding, execute all necessary documents, and administer the grants on behalf of the City as the applicant agency. SECTION 5. In the event of the loss or misuse of these HMGP funds, the City assures that the funds will be returned to the Texas Department of Emergency Management, in full. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Texas Department of Emergency Management Hazard Mitigation Grant Program - Hurricane Beryl Resolution Authorizing Submission of Application Finance &Procurement Department Director Sergio Villasana Asset Management Department Interim Director Juan Rivera Police Department Chief of Police Mike Markle April 15,2025 Background Information The Texas Department of Emergency Management, Hazard Mitigation Grant Program - Hurricane Beryl is funded through the U.S. Department of Homeland Security, Federal Emergency Management Agency. The funding is designed to assist the State of Texas in mitigating future disaster damages. These projects may include construction of new facilities, modification of existing, undamaged facilities, relocation of facilities out of floodplains, demolition of structures, or other types of projects to mitigate future disaster damages. The City of Corpus Christi is requesting $464,171.00 with a required total cost share of $116,042.00. Background Information This grant will provide funding for: The purpose of the grant is to repair damage to the Corpus Christi Police Department and Emergency Operations Center Building roofs caused by previous hazardous weather events. Department Grant Funding Request Cost Share Asset Management Department $235,059.00 $58,764.00 Police Department $229,112.00 $57,278.00 Total $464,171.00 $116,042.00 Background Information Anticipated Award Date: July 2025 If Awarded: Department will come back to Council for Ordinance Approval. Hazard Mitigation Grant Program - �, �. Hurricane Beryl Questions ? SC o° a 0 � F U NCOgpOPPl E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com (361) 886-2603 Acceptance and appropriation of grant funds from the State of Texas— Law Enforcement Officer Standards and Education CAPTION: Ordinance accepting $53,897.31 from the State of Texas — Law Enforcement Officer Standards and Education for training courses and training-related travel for approximately 50 full-time sworn police officers for the Corpus Christi Police Department; and appropriating $53,897.31 in the FY 2025 Police Grants Fund. SUMMARY: The State of Texas provides an annual allocation for training for law enforcement agencies' sworn and civilian personnel for them to retain their required accreditation hours. The annual allocation also can be used to help fund training equipment that law enforcement agencies need. BACKGROUND AND FINDINGS: Each year, the Law Enforcement Officer Standards and Education account issues an annual allocation of funds to law enforcement agencies, per the Texas Occupations Code, Section 1701.157. The amount of funds received depends on the number of sworn personnel that a law enforcement agency has as of January 1 of each year and on the available funding in the Law Enforcement Officer Standards and Education account. The funds must be appropriated annually when the funding is received from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel as well as training equipment. The Corpus Christi Police Department(CCPD)will use the funds received from the Law Enforcement Officer Standards and Education account for continued educational training and travel-related costs for training of sworn police officers. Police officers are required to have 40 hours of continuing education training on a biannual basis. The training schools include homicide investigation, interrogation techniques, and other police-related subjects. The City has received this grant since 2002. Last year, CCPD received $54,134.93 from this grant. ALTERNATIVES: The alternative is not to accept the funds and, therefore, offer less training to sworn officers until other funding sources are identified. However, this would result in sworn officers becoming delinquent in their continuing education credits, which would affect CCPD's operations and credentials. FISCAL IMPACT: The fiscal impact for FY 2025 is the acceptance of funds in the amount of $53,897.31. The $53,897.31 will be appropriated into the Police Grants Fund. Funding Detail: Fund: 1074 Police Grants Fund Organization/Activity: 826200L Project # (CIP Only): N/A Account: 547012 Amount: $53,897.31 RECOMMENDATION: Staff recommends accepting $53,897.31 from the State of Texas — Law Enforcement Officer Standards and Education for training courses and training-related travel for full-time sworn police officers for the Corpus Christi Police Department; and appropriating $53,897.31 in the FY 2025 Police Grants Fund, as presented. LIST OF SUPPORTING DOCUMENTS: Award Letter Ordinance accepting $53,897.31 from the State of Texas — Law Enforcement Officer Standards and Education Account for Police Department training courses, training related travel, and training equipment for full-time police officers; appropriating funds in the amount of $53,897.31 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Police Department accepts funding in the amount of $53,897.31 from the State of Texas — Law Enforcement Officer Standards and Education Account under Texas Occupations Code, Section 1701.157. The annual financial allocation from the State of Texas through this fund will be used for expenses related to the continuing education of full-time law enforcement officers and support personnel, as well as training equipment for these officers. SECTION 2. That $53,897.31 is appropriated in the No. 1061 Police Grants Fund from the State of Texas — Law Enforcement Officer Standards and Education Account, and amending the FY 2025 Operating Budget. SECTION 3. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, 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 4. The Chief of Police 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 5. In the event of the loss or misuse of these LEOSE funds, the City assures that the funds will be returned to the State of Texas, in full. Introduced and voted on the day of 12025. PASSED and APPROVED on the day of ATT_T_�c��, 2025. Paulette Guajardo, Mayor Rebecca Huerta, City Secretary I GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS i P.O.Box 13528 Austin,TX 78711-3528 February 28, 2025 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-9016 Vendor number; 17460005741 051 Two payments have been issued to your agency for the 2025 Law Enforcement Officer Standards and Education(LEOSE)Fund Allocation. One payment of$24208.39 and a second payment of $29688.92 for a total payment of$53897.31. That second payment is enclosed. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. These funds must be used to ensure the continuing education of persons licensed under Chapter 1701 or to provide necessary training, as determined by the agency head, to full-time fully paid law enforcement support personnel in the agency. Twenty percent of the funds are allocated equally among qualified agencies. The remaining eighty percent is distributed based on the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. Each agency must maintain complete and detailed records of all money received and spent. All funds received are subject to audit by the Comptroller of Public Accounts, and all expenditures are subject to audit by the State Auditor. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer, licensed jailer or telecommunicator on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher and is entitled to all employee benefits offered to a peace officer. You must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2026 Allocation Basis form to us no later than October 31 st, 2025,to receive your agency's share of the LEOSE account in 2026.The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures Form 40-215 (Rev.I-17/6) State of Texas Law Enforcement Officer Standards and Education Ordinance Authorizing Acceptance of Grant Award Police Chief of Police,Mike Markle April 15 2025 Background Information Each year, the Law Enforcement Officer Standards and Education account issues an annual allocation of funds to law enforcement agencies, per the Texas Occupations Code, Section 1701.157. The amount of funds received depends on the number of sworn personnel that a law enforcement agency has as of January 1 of each year and on the available funding in the Law Enforcement Officer Standards and Education account. The City has received an annual allotment of $53,897.31. Background Information This grant will provide funding for: The Corpus Christi Police Department (CCPD) will use the funds received from the Law Enforcement Officer Standards and Education account for continued educational training and travel- related costs for training of sworn police officers. Police officers are required to have 40 hours of continuing education training on a biannual basis. The training schools include homicide investigation, interrogation techniques, and other police-related subjects. The City has received this grant since 2002. Last year, CCPD received $54,134.93. State of Texas - Law Enforcement Officer Standards and Education Questions ? SC o° a 0 � F U NCOgpOPPl E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com (361) 886-2603 Acceptance and appropriation of grant funds from the State of Texas, Criminal Justice Division —ALERRT Law Enforcement Training CAPTION: Ordinance accepting $2,954.46 from the State of Texas — Criminal Justice Division for reimbursement for the costs of the Advanced Law Enforcement Rapid Response Training for four sworn officers from the Corpus Christi Police Department's Training Division; and appropriating $2,954.46 in the FY 2025 Police Grants Fund. SUMMARY: The Police Department has received $2,954.46 from the State of Texas — Criminal Justice Division to reimburse the costs of sending four sworn officers to the ALERRT "First Responder Medical - Train the Trainer" course on September 13, 2024, in Lake Jackson, Texas. The Advanced Law Enforcement Rapid Response Training (ALERRT) program equips officers with evidence based, scenario driven techniques to effectively respond to critical incidents and save lives. BACKGROUND AND FINDINGS: The Corpus Christi Police Department(CCPD) has been awarded$2,954.46 from the State of Texas — Criminal Justice Division to reimburse the costs of sending four sworn officers from CCPD's Training Division to the ALERRT "First Responder Medical - Train the Trainer" course. The four sworn officers attended the training course on September 13, 2024, in Lake Jackson, Texas. The Advanced Law Enforcement Rapid Response Training (ALERRT) program equips officers with evidence based, scenario driven techniques to effectively respond to critical incidents and save lives. The course focuses on providing specialized medical expertise in managing and mitigating the impact during an active shooter incident. Upon completion of the training, CCPD's sworn police officers are able disseminate this critical knowledge to enhance the preparedness and response capabilities of CCPD and surrounding agencies. The "train the trainer" approach is instrumental in multiplying and embedding this vital knowledge, fortifying community resilience, and promoting public safety. The four sworn officers that CCPD sent the ALERRT program have received and completed the training. After completing the training, the four sworn officers submitted their training certifications to the State as required for this reimbursement funding. This is the first time that the City has received this funding. ALTERNATIVES: The alternative is not to accept the funds and instead look for funding within the General Fund to offset the cost of the ALERRT program. FISCAL IMPACT: The fiscal impact for FY 2025 is the acceptance of funds in the amount of $2,954.46 to be appropriated into the Police Grants Fund. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: TBD Project # (CIP Only): N/A Account: 547010 Amount: $2,954.46 RECOMMENDATION: Staff recommends accepting $2,954.46 from the State of Texas — Criminal Justice Division for reimbursement of a training course for Advanced Law Enforcement Rapid Response Training for four sworn police officers for the Corpus Christi Police Department; and appropriating $2,954.46 in the FY 2025 Police Grants Fund, as presented. LIST OF SUPPORTING DOCUMENTS: Award Letter Ordinance accepting $2,954.46 from the State of Texas — Criminal Justice Division for ALERRT Law Enforcement training for four sworn police officers of the Corpus Christi Police Department; appropriating funds in the amount of $2,954.46 in the Police Grants Fund; and amending the FY 2025 Operating Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Police Department accepts funding in the amount of $2,954.46 from the State of Texas — Criminal Justice Division for four sworn officers in the ALERRT "First Responder Medical - Train the Trainer" course. The Advanced Law Enforcement Rapid Response Training (ALERRT) program equips officers with evidence based, scenario driven techniques to effectively respond to critical incidents and save lives. SECTION 2. That $2,954.46 is appropriated in the No. 1061 Police Grants Fund from the State of Texas — Criminal Justice Division, and amending the FY 2025 Operating Budget. SECTION 4. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, 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 Chief of Police 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 ALERRT Grant funds, the City assures that the funds will be returned to the State of Texas, Criminal Justice Division, in full. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of 12025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 5258201 Award Amount: $2,954.46 Date Awarded: 3/13/2025 Grantee Cash Match: $0.00 Grant Period: 09/01/2024- 11/30/2024 Grantee In Kind Match: $0.00 Liquidation Date: 02/28/2025 Grantee GPI: $0.00 Program Fund: AL-ALERRT Law Enforcement Training Total Project Cost: $2,954.46 Grantee Name: Corpus Christi,City of Project Title: ALERRT training Grant Manager: Alyssa Hernandez Unique Entity Identifier(UEI): XETBTPKCL895 CFDA: N/A Federal Awarding Agency: N/A Federal Award Date: N/A- State Funds Federal/State Award ID Number: 2024-AL-ST-0001 Total Federal Award/State Funds Appropriated: $2,969,503.77 Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award Description: AL-ALERRT Law Enforcement Training State of Texas, Criminal Justice Division ALERRT Law Enforcement Training Ordinance Authorizing Acceptance of Grant Award Police Chief of Police,Mike Markle �� April 15 2025 Background Information The Advanced Law Enforcement Rapid Response Training (ALERRT) program equips officers with evidence based, scenario driven techniques to effectively respond to critical incidents and save lives. Upon completion, these officers will disseminate this critical knowledge to enhance the preparedness and response capabilities of our police department and surrounding agencies. The "train the trainer" approach is instrumental in multiplying and embedding this vital knowledge, fortifying community resilience, and promoting public safety. The City has received an award of $2,945.46. Background Information This grant will provide funding for: To offset the costs of sending four sworn peace officers from the training division to the ALERRT "First Responder Medical - Train the Trainer" course on September 13, 2024, in Lake Jackson, Texas. The Police Department has not received this funding before. State of Texas, Criminal justice Division ALERRT Law Enforcement Training Questions ? se GO � O� A H "CORPOR^`E° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 15, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3900 Acceptance and appropriation of grant funds from the State of Texas — Law Enforcement Officer Standards and Education for the Corpus Christi Fire Department CAPTION: Ordinance authorizing the acceptance of$1,881.57 from the State of Texas — Law Enforcement Officer Standards and Education for firearms training and ammunition for five arson investigators for the Corpus Christi Fire Department; and appropriating funds in the amount of$1,881.57 to the FY 2025 Fire Grants Fund. SUMMARY: The State of Texas provides an annual allocation for training for law enforcement agencies' sworn and civilian personnel for them to retain their required accreditation hours. The annual allocation also can be used to help fund training equipment that law enforcement agencies need. BACKGROUND AND FINDINGS: Each year, the Law Enforcement Officer Standards and Education account issues an annual allocation of funds to law enforcement agencies, per the Texas Occupations Code, Section 1701.157. The amount of funds received depends on the number of sworn personnel that a law enforcement agency has as of January 1 of each year and on the available funding in the Law Enforcement Officer Standards and Education account. The funds must be appropriated annually when the funding is received from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel as well as training equipment. The Corpus Christi Fire Department's (CCFD) five arson investigators fall under the category of law enforcement officers because they are licensed peace officers. CCFD will use the funds received from the Law Enforcement Officer Standards and Education account for firearms training and ammunition for its five arson investigators. Arson investigators are required to maintain firearms qualification on an annual basis. The City has received this grant since 2002. Last year, CCFD received $1,867.26 from this grant. ALTERNATIVES: The alternative is not to accept the funds and, therefore, offer less training to arson investigators until other funding sources are identified. However, this would result in arson investigators becoming delinquent in their firearms qualifications, which would affect CCFD's operations and credentials. FISCAL IMPACT: The fiscal impact for FY 2025 is the acceptance of funds in the amount of $1,881.57. The $1,881.57 will be appropriated into the Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: TBD Department#: 10 Fire Department Project # (CIP Only): N/A Account: 530362 Training-General Amount: $1,881.57 RECOMMENDATION: Staff recommends accepting the $1,881.57 from the State of Texas — Law Enforcement Officer Standards and Education for firearms training and ammunition for five arson investigators for the Corpus Christi Fire Department; and appropriating funds in the amount of $1,881.57 to the FY 2025 Fire Grants Fund, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance authorizing the acceptance of $1,881.57 from the State of Texas — Law Enforcement Officer Standards and Education account for the Corpus Christi Fire Department for training and equipment; and appropriating funds in the amount of $1,881.57 to the FY 2025 Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Fire Department accepts funding in the amount of $1,881.57 from the State of Texas — Law Enforcement Officer Standards and Education Account under Texas Occupations Code, Section 1701.157. The annual financial allocation from the State of Texas through this fund will be used for expenses related to the continuing education of those licensed under this Chapter of the Occupations Code. SECTION 2. That $1,881.57 is appropriated in the No. 1062 Fire Grants Fund from the State of Texas — Law Enforcement Officer Standards and Education Account, and amending the FY 2025 Operating Budget. SECTION 3. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, 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 4. 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 5. In the event of the loss or misuse of these LEOSE funds, the City assures that the funds will be returned to the State of Texas, in full. Introduced and voted on the day of 2025. PASSED and APPROVED on the day of 12025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta,City Secretary ,P :a GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 78711-3528 February 28, 2025 CORPUS CHRISTI FIRE DEPARTMENT 2406 LEOPARD ST STE 300 CORPUS CHRISTI TX 78408-3719 Vendor number: 17460005741 050 Two payments have been issued to your agency for the 2025 Law Enforcement Officer Standards and Education(LEOSE)Fund Allocation. One payment of$848.61 and a second payment of $1032.96 for a total payment of$1881.57. That second payment is enclosed. The Comptroller is directed by the Occupations Code, Section 1701,157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. These funds must be used to ensure the continuing education of persons licensed under Chapter 1701 or to provide necessary training, as determined by the agency head,to full-time fully paid law enforcement support personnel in the agency. Twenty percent of the funds are allocated equally among qualified agencies. The remaining eighty percent is distributed based on the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. Each agency must maintain complete and detailed records of all money received and spent. All funds received are subject to audit by the Comptroller of Public Accounts, and all expenditures are subject to audit by the State Auditor. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer, licensed jailer or telecommunicator on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher and is entitled to all employee benefits offered to a peace officer. You must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2026 Allocation Basis form to us no later than October 31 st, 2025, to receive your agency's share of the LEOSE account in 2026.The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures Form 40-215 (Rev.I-17/6) f THE STATE OF TEXAS PAYMENT INFORMATION INVOICE NUMBER INVOICE DATE INVOICE DESCRIPTION DOCUMENT INVOICE AMOUNT i' PEACE OFF ALL PEACE OFF ALLOC GR 9P250578 1,032.96 €i i ISSUE DATE: 02/27/2025 WARRANT TOTAL: $1,032.96 PAYEE NUMBER: 1XXXXX05741 MAIL CODE: 050 WARRANT NUMBER: 149915355 PAYEE NAME: CORPUS CHRISTI FIRE DEPARTMENT — NON-NEGOTIABLE — For questions about this payment or to sign up for Direct Deposit, please contact your paying agency: COMPTROLLER - STATE FISCAL 512-463-4561 WOULD YOU LIKE TO VIEW: - Your state payments on a Comptroller web application? - Payment remittance information, payment history and download a report? - The phone number and contact information of the paying agency? - Receive email alerts when a state payment is issued to you? This information is available on the SEARCH STATE PAYMENTS ISSUED (SSPI) website. Go to COMPTROLLER.TEXAS.GOV, click on 'web file eSystems Login' below the 'Business Center' panel. See a short video 'How to Navigate eSystems Home Page' by clicking the 'About' tab, then 'Video Library' under 'News and Media. ' Also consider enrolling in direct deposit. It's easy, fast and secure. Contact the paying agency named on this payment stub to sign up. Detach here before depositing Sp.susr�Gm '. 9 TEXAS COMPTROLLER OF PUBLIC ACCOUNTS TREASURY WARRANT NO. UES 149915355 FEBRUARY 28, 2025 022725 1XXXXXOS741 050 00.01 902 9P250578 PAYING AGENCY 512-463-4561 COMPTROLLER - STATE FISCAL Pay ONE THOUSAND THIRTY TWO DOLLARS AND 96/100 $ 1,032.96 TO CORPUS CHRISTI FIRE DEPARTMENT 2406 LEOPARD ST STE 300 CORPUS CHRISTI, TX 78408-3719 Glenn Hegar VOID AFTER 08/31/2027 Comptroller of Public Accoun 11030411, 1: 1011100 L64II: 111 1499 L5355n■ gyvs cr �o p a v AGENDA MEMORANDUM NLtlgppRWZf Action Item for the City Council Meeting April 15, 2025 rs52 Action Item for the City Council Meeting April 29, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevi n S4(a)cctexas.com (361) 826-1292 Ordinance authorizing the acceptance and appropriation of$100,000.00 from the Texas Department of Transportation, under the FY2024 Routine Airport Maintenance Program (RAMP) Grant to fund airport maintenance at the Corpus Christi International Airport. CAPTION: Ordinance authorizing acceptance of a grant from the Texas Department of Transportation for the FY24 Routine Airport Maintenance Program (RAMP) Grant in the amount of $100,000.00 to fund airport maintenance at the Corpus Christi International Airport (CCIA); appropriating funds in the amount of $100,000.00 to the Airport Grants Fund. SUMMARY: The Texas Department of Transportation (TxDOT) provides annual entitlement funds for airside and Iandside improvements as part of the RAMP Grant. CCIA is eligible for funding up to $100,000 per year with a 10% local match available in the Airport Operating Budget. The City Manager, or designee, 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. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on 2,700 acres of land with approximately 650,000 sq. ft. of facilities including 140,000 sq. ft. of terminal space. Accordingly, Airport Staff regularly schedules routine maintenance for the Iandside and airside facilities. The scope of maintenance can range from small repairs to larger rehabilitation and painting projects. Eligible projects under the RAMP Grant may include pavement work, drainage maintenance, hangar/terminal building painting and repairs, airport entrance signs and landscaping and hangar access roads. ALTERNATIVES: The alternative is not to accept the grant award, bring these to Council every year for approval, or find other funding sources elsewhere. FISCAL IMPACT: There is no fiscal impact for the application process. However, if the award is accepted, the fiscal impact is a required cash match of $10,000.00. FUNDING DETAIL: Fund: 1055 —Airport Grant Fund Organization/Activity: 89 Grants & CIP/ FY24 RAMP Department: 53 Aviation Project # (CIP Only): N/A Account: 520130 — Maintenance & Repairs RECOMMENDATION: Staff recommends acceptance of the grant funding in the amount of$100,000.00, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Presentation Certificate of Funds Ordinance authorizing acceptance of a grant from the Texas Department of Transportation for the FY24 Routine Airport Maintenance Program (RAMP) Grant in the amount of $100,000.00 to fund airport maintenance at the Corpus Christi International Airport (CCIA); appropriating funds in the amount of$100,000.00 to the Airport Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Fire Department accepts funding in the amount of $100,000.00 from the Texas Department of Transportation under the Routine Airport Maintenance Program ("RAMP") Grant to fund airport maintenance at the Corpus Christi International. SECTION 2. That $100,000.00 is appropriated in the No. 1055 Airport Grants Fund from the Texas Department of Transportation under the Routine Airport Maintenance Program (RAMP) Grant described in Section 1, and amending the FY 2025 Operating Budget. SECTION 3. The City Manager, or designee, 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 4. The Director of Aviation 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 5. In the event of the loss or misuse of these RAMP funds, the City assures that the funds will be returned to the Texas Department of Transportation, in full. Introduced and voted on the day of , 2025. ATTEST: PASSED and APPROVED on the day of 12025. Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project ID: M2516CORP Part I -Identification of the Project TO: The City of Corpus Christi, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Corpus Christi, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code Chapter 21. The project is for airport maintenance at the CORPUS CHRISTI - CORPUS CHRISTI INTL Airport. Part II - Offer of Financial Assistance l. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for ninety percent(90%) of the eligible project costs for this project or $100,000.00, whichever is less,per fiscal year and subject to availability of state appropriations. Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2025, unless otherwise approved by the State. 12/17/2024 Page 1 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E 2. The State shall determine fait-and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-1. 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 90% of allowable charges. The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III- Additional Requirements for Certain Equipment 12/17/2024 Page 2 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E 1. Certain purchase, installation, and subscription costs for eligible air traffic and operations monitoring equipment (`Equipment") are reimbursable as provided in this Part. If Grantee is seeking reimbursement for eligible Equipment costs, it must be shown in Attachment A. 2. For eligible Equipment, the State will reimburse 90% of the initial cost to purchase and install, not to exceed $3,000.00, and 90% of the annual subscription fee for subsequent years, not to exceed $3,000.00 per year. 3. Notwithstanding Section 2, for the one year prior to a master plan or airport layout plan update, TxDOT will reimburse up to 90% of the eligible costs, not to exceed $5,400.00. 4. Eligibility Requirements A. The Equipment must include the following items, at a minimum; 1. Triangulation 2. Noise abatement 3. Aircraft tracking data for 30 days 4. Identification of pavement utilization by airplane design group for the entire airport 5. Equal effectiveness at both towered and non-towered airports 6. Tracking of military and government aircraft, including FAA blocked aircraft B. In order for costs to be eligible for RAMP reimbursement: 1. The Sponsor must maintain and operate the Equipment for 3 years. 2. On at least a quarterly basis, the Sponsor must provide to the State all data produced and collected by the Equipment. 3. To be eligible for reimbursement of the annual subscription fee after the first year, the Sponsor must participate in the Routine Airport Maintenance Program, have an executed Grant Agreement for that year, and comply with all grant requirements. 12/17/2024 Page 3 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E C. The State may conduct on-site or off-site monitoring reviews of the Equipment during the initial required 3-year term, and during any years Sponsor seeks reimbursement of subscription costs. The Sponsor shall fully cooperate with the State and provide any required documentation. The Sponsor shall grant full access to the Equipment to the State or its authorized designee for the purpose of determining compliance, including, but not limited to: l. Whether the Equipment, and its operation and maintenance, are consistent with the requirements set forth in the Grant Agreement and this First Amendment; 2. Whether the Sponsor is making timely progress with installation of the Equipment, and whether its management, financial management and control systems, procurement systems and methods, and overall performance are in conformance with the requirements set forth in the Grant Agreement and this First Amendment, and are fully and accurately reflected in reports submitted to the State. D. Failure to maintain compliance with these requirements may result in the Sponsor having to repay grant funds to the State. Part IV- Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and C. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and 12/17/2024 Page 4 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E e. through the fence access shall be reviewed and approved by the State; and f. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA. This includes but is not limited to: the process of land disposal, any changes to the aeronautical or non-aeronautical land uses of the airport, land's deeded use from non-aeronautical to aeronautical, requests of concurrent use of land, interim use of land, approval of a release from obligations from the State/FAA, any of which will require 18 months, or longer; and g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and i. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or another revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent grant or loan, Sponsor has complied with the requirements of this subparagraph; and J. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 12/17/2024 Page 5 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E 1. mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of any mowing services. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. PART V- Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 12/17/2024 Page 6 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; C. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion,judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; C. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART VI - Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. 12/17/2024 Page 7 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E a. Of primary importance to the State is compliance with the terms and conditions of this Grant. if, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3)request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant,provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 12/17/2024 Page 8 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E Part VII -Acceptances Sponsor The City of Corpus Christi, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this 17 day of December 2024 The City of Corpus Christi, Texas Sponsor 0 Sponsor Signature Director of Aviation Sponsor Title 12/17/2024 Page 9 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATTON cuSigned by: Fat— rM67"EF8 By: Date: 12/18/2024 12/17/2024 Page 10 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E Attachment A Scope of Services TxDOT Project ID: M2516CORP Eligible Scope Item: Estimated Costs State Share Sponsor Share Amount A Amount B Amount C GENERAL MAINTENANCE $111,111.11 $100,000.00 $11,111.11 TOTAL $111,111.11 $100,000.00 $11,111.11 Accepted by: The City of Corpus Christi, Texas Signature Title: Director of Aviation Date: 12/17/2024 GENERAL MAINTENANCE: As needed, Sponsor may contract for services/purchase materials for routine maintenance/improvement of airport pavements, signage, drainage, AWOS systems, approach aids, lighting systems, utility infrastructure, fencing; herbicide/application, sponsor owned and operated fuel systems, hangars, terminal buildings and security systems: professional services for environmental compliance, approved project design. Special projects to be determined and added by amendment. Airport Operations Counting Systems: The purchase and installation of specified air traffic and operations monitoring equipment("Equipment") is eligible for reimbursement as provided in Part IiI Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. 12/17/2024 Page 11 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E CERTIFICATION OF AIRPORT FUND TxDOT Project ID: M2516CORP The City of Corpus Christi does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Corpus Christi, Texas (Sponsor) By: Title: Director of Aviation Date: 12/17/2024 Certification of State Single Audit Requirements I Kevin Smith do certify that the City of Corpus Christi will comply with all requirements of the State (Designated Representative) of Texas Single Audit Act if the City of Corpus Christi spends or receives more than the threshold amount in any grant funding sources during the most recently audited fiscal year. And in following those requirements, the City of Corpus Christi will submit the report to the audit division of the Texas Department of Transportation. If your entity did not meet the threshold in grant receivables or expenditures,please submit a letter indicating that your entity is not required to have a State Single Audit performed for the most recent audited fiscal year. 10 Signature Director of Aviation Title 12/17/2024 Date 12/17/2024 Page 12 of 13 Docusign Envelope ID: F2D4A39D-8DCD-4397-B691-46A7FFE8073E DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT Project ID: M2516CORP The City of Corpus , Christi designates, Jeremy Valgardson, Assistant Aviation Director (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. The City of Corpus Christi, Texas Sponsor) By: - Title: Director of Aviation Date: 12/17/2024 DESIGNATED REPRESENTATIVE Mailing Address: Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Overnight Mailing Address: Telephone/Fax Number: 361-826-1777 Email address: jeremyv2@cctexas.com 12/17/2024 Page 13 of 13 Texas Department of Transportation Routine Airport Maintenance Program (RAMP) Ordinance Authorizing Acceptance of Award Corpus Christi International Airport Director Kevin Smith April 15, 2025 Background Information Airport Staff regularly schedules routine maintenance for the landside and airside facilities. The scope of maintenance can range from small repairs to larger rehabilitation and painting projects. Eligible projects under the RAMP Grant may include pavement work, drainage maintenance, hangar/terminal building painting and repairs, airport entrance signs and landscaping and hangar access roads. The City of Corpus Christi has been awarded $100.000.00 Background Information This grant will provide funding for: Airport maintenance at the Corpus Christi International Airport (CCIA) with a required cash match of $10,000.00 coming from the Airport Operating Budget. � Texas Department of Transportation Routine Airport Maintenance Program (RAMP) Questions ? .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 15, 2025 Second Reading for the City Council Meeting of April 29, 2025 DATE: March 21, 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 820 Naval Air Station Drive CAPTION: Zoning Case No. ZN8561 , ADR Investments, LLC. (District 4). Ordinance rezoning a property at or near 820 Naval Air Station (NAS) Drive from the "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit; 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 conditionally allow a contractor's shop without outdoor storage. BACKGROUND AND FINDINGS: The subject property is a vacant and undeveloped 0.4-acre parcel out of District 4 in Flour Bluff. It is located along the north side of the freeway segment of NAS (Naval Air Station) Drive. The parcel is within the Military Compatibility Area Overlay District (MCAOD) of the TRUAX field at NAS-CC, outside of any clear or accident potential zones; however, it is within the light, vertical obstruction, and noise safety subzones of the base. Except for the right-of-way along the southern boundary of the subject property, the parcel lies within a "CG-1" General Commercial District southwest of Scotland Drive and northeast of South Padre Island Drive. A special permit to the north property allows specific warehouse and freight movement activities without outside storage. There are also some low-density residential and vacant uses. The property to the east and south of the parcel and NAS Drive have a current commercial land use. The property special permit dating to 1983 on the parcel to the east may be inactive. The applicant requests a special permit for a contractor's shop without outdoor storage. The base "CG-1" General Commercial District permits restaurants, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and water-oriented uses. With the nearby naval base, properties in the surrounding area have been assigned a future land use designation of Transition Aviation Special District to transition away from residential uses, which allows the congregation of people near bases, to non-residential uses to ensure compatibility of land uses between military and civilian operations. 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 §7.9.8.13). Public Input Process: Number of Notices Mailed: 9 notices were mailed within the 200-foot notification area, and 0 outside the notification area. As of March 14, 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 (March 5, 2025): Planning Commission and Staff recommend approval of the change of zoning from the "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The Special Permit will be subject to the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use, specifically, a building, heating, plumbing, or electrical contractor's shop, except for storage yard. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code. 3. Dumpster: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. 4. Outside Storage and Display: Outside storage and display is prohibited. 5. Screening & Buffer Yard: A 10-foot-wide buffer yard and 5 points shall be required along the property boundaries adjacent to residential zoning districts. 6. Lighting: All lighting shall be shielded, and pole lights shall be of the fully cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 7. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 8. Hours of Operation: The hours of operation shall be limited from 8.00 AM to 05.00 PM. Customer access after 05.00 PM shall be prohibited. 9. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 10.Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 11.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 7 Against: 0 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8561, ADR Investments, LLC. (District 4). Ordinance rezoning a property at or near 820 Naval Air Station (NAS) Drive from the "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit; 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 19R, Block C, Flour Bluff Estates, as shown in Exhibit "A" and "B", from: the "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The subject property is located at or near 820 Naval Air Station (NAS) Drive. Exhibit A, a map, and Exhibit B, a site plan, are attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use, specifically, a building, heating, plumbing, or electrical contractor's shop, except for storage yard. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code. 3. Dumpster: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views, as indicated on the attached site plan. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. 4. Outside Storage and Display: Outside storage and display is prohibited. 5. Screening & Buffer Yard: A 10-foot-wide buffer yard and 5 points shall be required along the property boundaries adjacent to residential zoning districts. 6. Lighting: All lighting shall be shielded, and pole lights shall be of the fully cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 7. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 8. Hours of Operation: The hours of operation shall be limited from 8.00 AM to 05.00 PM. Customer access after 05.00 PM shall be prohibited. 9. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 10.Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 11.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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. Page 2 of 5 PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 5 Exhibit A c�R I RS- CG-Z i SUBJECT PROPERTY � l �yPL� CG_ 1 yet cG-i 85 SUBJECT PR CASE: WlgH ZONING NI Subject Property aPaomrn Heue.a�sr�cr a.Ru ra,Krue F,:, A- e.Weibu.ew oav�r, A-� Ap—R[uM aerce 43 -.V Irh¢ti4 Duf-cv A9 Proetabivl OAiee 0.furte FUD FYnnee—tlereia . IwT APiwmM-Taurwi.Uifnia R-1A O�w F�rrlhlpw6p�i_� R•1 �Bufniw�hLLnai R•1R 9N Fwwry D-4 R•el N M[uUd Ri�agOWv1 R.1C Gr♦FYnFr D—.Q ma 0 -2 Bn—e-..».w D— R-2 WyM CM4c D-i. _- 0-3 aR+xes 0— RE R..—W Ewe.0-1 SUt3JECT a-a r:..-ameuvrF.aemeo< R-T,TnRraweuo ,q ar— PROPERTY Bs P..,aeness astir SP r--P- 9e P—"B--C—D— Tv. Tr.MT,—ProD.— ev canw.emwead.o.,wp�.an. -r-es uamt.w..e wm.raw oenn C•i[!�'efl• -ri HERE .. F•R FilM1IRViI[M41G T— wws®nelldw5u[AM1xdl Cuc pus �5 E.00ATION I4'}AF Page 4 of 5 Exhibit B § \ / ( ©+ � . ' ~~ - § tz Ld Lei ID _ | @ \ § a- 22 Page 5 of 5 ZONING REPORT CASE ZN8561 Applicant & Subject Property District: 4 Owner: ADR Investments Inc Applicant: ADR Investments Inc Address: 820 Naval Air Station (NAS) Drive, located along the north side of NAS Drive, south of Claride Street, and east of West Lakeside Drive Legal Description: Lot 19R, Block C, Flour Bluff Estates Acreage of Subject Property: 0.4 acres Zoning Request From: "CG-1" General Commercial District To: "CG-1/SP" General Commercial District with a Special Permit Purpose of Request: To conditionally allow a contractor's shop without outdoor storage. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CG-1" General Commercial Vacant "CG-1" Transition Aviation Special General Commercial, Low-Density Residential, District North "CG-1/SP" Commercial, General Commercial District and Vacant with a Special Permit South "CG-1" Transportation (NAS Dr), General Commercial Commercial Transportation (NAS Dr), "CG-1/SP" Transition Aviation Special East General Commercial with a District Special Permit Low-Density Residential, "CG-1" Commercial Transition Aviation Special West General Commercial District Plat Status: The subject property is platted per MRNC (Map Records of Nueces County Texas) Volume 68 Page 662. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is within the MCAOD of TRUAX Field at NAS-CC. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing NAS 11 400-Foot ROW 170-Foot ROW (Naval Air Station) ��F1 4-10 Thru Lanes, 4 Thru Lanes, Drive Freeway/Expressway Median Center Turn Lane Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 3 NAS Shuttle, Route 4 Flour Bluff, Route 29 Staples with stops near Stone Street and NAS Drive, and Waldron Road and NAS Drive. Bicycle Mobility Plan: The subject property is approximately 600 feet from the nearest planned Bike Boulevard, along Matlock Street, Military Drive, and Jester Street. Utilities Gas: A 2-inch WS (active) grid main exists along the west side of NAS Drive, and a 4-inch WS (active) along the northern boundary of the parcel. Stormwater: None. Wastewater: An 8-inch VCP (active and public) gravity main exists along the west side of NAS Drive. Water: A 6-inch DIP (active and public) distribution line exists along the west side of NAS Drive. 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 Flour Bluff ADP (Adopted on June 22, 2021). 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 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: March 5, 2025 City Council 1st Reading/Public Hearing Date: April 15, 2025 City Council 2nd Reading Date: April 29, 2025 Background: The subject property is a vacant and undeveloped 0.4-acre parcel out of District 4 in Flour Bluff. It is located along the north side of the freeway segment of NAS (Naval Air Station) Drive. The parcel is within the Military Compatibility Area Overlay District (MCAOD) of the TRUAX field at NAS-CC, outside of any clear or accident potential zones; however, it is within the light, vertical obstruction, and noise safety subzones of the base. Except for the right-of-way along the southern boundary of the subject property, the parcel lies within a "CG-1" General Commercial District southwest of Scotland Drive and northeast of South Padre Island Drive. A special permit to the north property allows specific warehouse and freight movement activities without outside storage. There are also some low-density residential and vacant uses. The property to the east and south of the parcel and NAS Drive have a current commercial land use. The property special permit dating to 1983 on the parcel to the east may be inactive. The applicant requests a special permit for a contractor's shop without outdoor storage. The base "CG-1" General Commercial District permits restaurants, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and water-oriented uses. A contractor's shop (typically of the building, heating, plumbing, or electrical trade) is permitted in the "IL" Light Industrial and "IH" Heavy Industrial District under the light industrial service use category. Under that category, firms are defined as those engaged in the light industrial use service activities and are typically engaged in the manufacturing, assembly, repair, or servicing of industrial, business, or consumer machinery, equipment, products, or by-products, mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the public, come to the site. With the nearby naval base, properties in the surrounding area have been assigned a future land use designation of Transition Aviation Special District to transition away from residential uses, which allows the congregation of people near bases, to non-residential uses to ensure compatibility of land uses between military and civilian operations. 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 has a robust "entrepreneurial ecosystem" that supports a thriving small business community. 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. o Regulations to protect military and civilian airfield and airport use are in place. ■ Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. ■ Avoid development that is incompatible with the operation of military airfields and the airport. Flour Bluff ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Flour Bluff ADP and is consistent with the FLUM designation of Transition Aviation District. • Encourage local business investment and growth. 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 to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed amendment to the current zoning district is consistent with many of the goals and strategies of the City of Corpus Christi Comprehensive Plan and with the FLUM designation of Transition Aviation Special District. • In reviewing the applicant's proposed amendment and determining the appropriateness of such a request, staff considered the activities associated with a contractor's shop, siting, and compatibility with the nearby base, the zoning and conforming uses of surrounding properties, and the character of the neighborhood, and drafted special conditions to limit any adverse impacts. o The activities permitted with the special permit will not be insensitive to the surrounding properties and can co-exist with the base. • The proposed rezoning is compatible with the Joint Land Use Study (JLUS), which is also cited in the Flour Bluff ADP. o NAS-CC and the City prepared and adopted a JLUS in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. o For NAS-CC, this means avoiding residential land uses and other concentrations of people between the military installation and South Padre Island Drive. o Implementing this recommendation of the JLUS is particularly important for NAS-CC, one of the most important employers in Corpus Christi. 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 "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit subject to the following conditions. 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use, specifically, a building, heating, plumbing, or electrical contractor's shop, except for storage yard. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code. 3. Dumpster: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views, as indicated on the attached site plan. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. 4. Outside Storage and Display: Outside storage and display is prohibited. 5. Screening & Buffer Yard: A 10-foot-wide buffer yard and 5 points shall be required along the property boundaries adjacent to residential zoning districts. 6. Lighting: All lighting shall be shielded, and pole lights shall be of the fully cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 7. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Heigh Regulations. 8. Hours of Operation: The hours of operation shall be limited from 8:00 AM to 05:00 PM. Customer access after 05:00 PM shall be prohibited. 9. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 10.Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 11.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachments: (A) Existing Zoning and Notice Area Map. (B) Site Plan (A) Existing Zoning and Notice Area Map RS- CG- 1 g z 3 SUBJECT �Q PROPERTY 4 ���0 C G- 1 ,� �' 6 S� �ksT C G- 1 R CG- 1 CASE: ZN8561 IN Zoning and notice Area RM-1 Multifamilyl uetriel IL Light lnd RM-2 MullhamilY2 IH Heavy lnduam I RM-3 Multifamily 3 Pu❑ Planned Unit C.,Overlay ON Professional Office RS-11 Single-Family 10 RM-AT Muhlamily AT RS-3 Single-Family 6 CN-1 Neighborhood Commercial RS4.5 SingleFamily 4.5 CN-2 Neighborhood Commercial RS-TF Tura-Family CR-1 Resort Commercial RSA5 Single-Family 15 CR-2 Resorl Commercial RE Residential Estate , CG-1 General Cammerc'ral RS-Th Townhouse CG-2 General Commercial SP Special Permit CI Intensive Comm en,ial RV Recreational Vehicle Park CHC Oownfo—Commercial RMH Manufacl a red Name CR-3 Resort Commercial FR Farm Rural H Hiataric Overlay susrecr BP eaeineee Park PROPERTY ❑m s�eieor aronfl ry 6.IZ-I �wtnzao•n„rz r Q mrsw, . 4 0— dh.2X A"cden y City of _ Esri,HERE - - areaa,�arn®,:n�laore in oe Voe Corpus LOCATION MAP Christi ' (B) Site Plan � F X Z w w � w p Q m W Z Z Z q m Z c m C u Q F 0 d O l J p `1.t l s'yN �s Li I � Q L Lo - � N _ N W V < $ Q Of V ~ C6 I N i O Lo W F N N F v 0 m p to LO v OIr 0 Z m LY II O LQ p W Y W U n p o u a W a a (L d Ir N IL U) Li p Li Z Z IL Y ❑ 4 10 _ 4 a m P Ld 4 - W Q Ir Ir 4 W to I < O p 68 86 " z Zoning Case ZN8561 ADR Investments LLC District 4 Rezoning for a property at or near 820 Naval Air Station (NAS) Drive From the "CG-1" District To the "CG-1/SP" General Commercial District with a Special Permit SUBJECT e " ' PROPERTY 6�e o� NPJP�Q 4,/ F SUBJECT 00 PROPERTY P pQ V, / 1-i,Y 0� Esoi,HERE LOCAT IO nM,s Corpus ,•0 3�. N MAP Christi City Council April 15, 2025 Zoning and Land Use Proposed Use: To allow a contractor's shop. ADP (Area Development Plan): \ roe Flour Bluff, Adopted on June 22, 2021 RS- 03/01 983 FLUM (Future Land Use Map): �G-1 \ TASD (Transition Aviation Special District) 02/19/2023 uBERTY "e Existing Zoning District: y "CG-1" General Commercial District OQ �P�tipd Adjacent Land Uses: North: Low-Density Res., Commercial, Vacant; Zoned: CG_1 \ ,� "CG-1" and "CG-1/SP" 03/01/1983 �fo� z South: Transportation (NAS), Commercial; Zoned: "CG-1/SP" CG_ N East: Low-Density Res., Commercial; Zoned: "CG- 03CG_1 t 1/SP" West: Low-Density Res., Commercial; Zoned: CG-1 Public Notification 9 Notices mailed inside the 200' buffer 0 Notices mailed outside the 200' buffer 7 g Notification Area RS- CG-1 9 2 Opposed: 0 (0.00%) 3 UBJECT Separate Opposed Owners: (0) P ERTY i5 X �F O� yCP�l Pt& aPy�V v"Q In Favor: 0 (0.00%) CG-1 O� 5 p/ G CC N OAK I -1 *Notified property owner's land in SQF/Total SQF of all properties in G-1 the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed amendment to the current zoning district is consistent with many of the goals and strategies of the City of Corpus Christi Comprehensive Plan and with the FLUM designation of Transition Aviation Special District. • In reviewing the applicant's proposed amendment, and determining the appropriateness of such a request, staff considered the activities associated with a contractor's shop, siting, and compatibility with the nearby base, the zoning and conforming uses of surrounding properties, and the character of the neighborhood, and drafted special conditions to limit any adverse impacts. • The proposed rezoning is compatible with the Joint Land Use Study (JLUS), which is also cited in the Flour Bluff ADP. NAS-CC and the City prepared and adopted a JLUS in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "CG-1/SP" GENERAL COMMERCIAL DISTRICT WITH A SPECIAL PERMIT Special Permit Conditions Use: The only use allowed on the subject property other than uses permitted in the base zoning district is a light industrial service use, specifically, a building, heating, plumbing, or electrical contractor's shop, except for storage yard. Landscaping: Landscaping must be provided in accordance with Article 7.3 Landscaping of the Unified Development Code Landscaping. Dumpster: All solid waste shall be confined in a dumpster screened from street, public, and neighboring views, as indicated on the site plan provided. No dumpster is permitted within the front street yard. Screening for the dumpster must be composed of a solid or opaque material that matches or compliments the building material of the principal structure Outside Storage and Display: Outside storage and display is prohibited. Screening & Buffer Yard: A 10-foot-wide buffer yard and 5 points shall be required along the property boundaries adjacent to residential zoning districts. Special Permit Conditions (Cont.) Lighting: All lighting shall be shielded, and pole lights shall be of the fully cut-off type.All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. Building Height: The building height requirement shall adhere to UDC Section 4.2.8.0 Modification of Height Regulations. Hours of Operation: The hours of operation shall be limited from 8:00 AM to 05:00 PM. Customer access after 05:00 PM shall be prohibited. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Site Plan 198.45' ----------------------- ------------TiF-t-Tt- PARKING LOT / m 41' 41' 41' / 45' ua an. uu un. ue arr. /aY,� / ® 2 5.580 SOFT. 124 % 150.14 SITE A PARKING REQUIREMENTS STORAGE AREA I PER 2.500 SF OF MOOR STORAGE INDOOR STORAGE BUILDING CA) - 5.580 SF 2.2 SPACES REDD. ADR INVESTMENTS N 820 .A.S LOT 19 R.BLOCK C SPACES REOD.2 FLOUR BLUFF EST. 6 SPACES ON SITE CORPUS CHRISTI. TEXAS c�RjoF SUBJECT �Q PROPERTY IP O� Z� �G �o O= cAK��F�R CASE: ZN8561 N W+E Aerial View s Subject 12 Property SUBJECT 6 PROPERTY Cityof Esri, HERE Corpus "'+r, LOCATION MAP Christi .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 15, 2025 Second Reading for the City Council Meeting of April 29, 2025 DATE: March 21, 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 2816 Ruth, 2828 Ruth, and 2830 Ruth CAPTION: Zoning Case No. ZN8584, Daovone Xayasene (District 1). Ordinance rezoning properties at or near 2816 Ruth, 2828 Ruth, and 2830 Ruth Street from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "RM-Y Multifamily District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This request is to rezone the property to allow multifamily development. BACKGROUND AND FINDINGS: The subject property, out of the westside area and District 1 , is a vacant 0.33 acre tract out of multiple lots and a portion of a lot, out of the Steele's subdivision. It is located along a local right-of-way, Ruth Street, near Agnes Street and South Port Avenue, both arterials. Steele's Addition, 62 acres at the time of plat, appear to have originally been subdivided from residential use. Apart from the abutting right of way along its southern boundary, the properties to the north and west have a current land use designation of low-density residential and are zoned "RS-6" District. Those to the east are vacant with portion having commercial activities and are zoned "CG-2" District. South of the subject property and Ruth Street are parcel zoned "IL," that are vacant or have a commercial use. An "RM-Y District exists along Ruth Street as well. The applicant is requesting a change of zoning to accommodate a multifamily development. The development proposes two structures containing four units each. The "RM-Y Multifamily District allows apartments, single-family houses, two-family houses, townhouses, cottage housing developments, group homes, educational facilities, parks and open areas, places of worship, and nursing homes. Density is limited to 36 units per acre; the subject property has a gross allowance of 11 density units per acre. The proposed rezoning is consistent with the City of Corpus Christi's Comprehensive Plan (Plan CC); however, it is not consistent with the Future Land Use Map (FLUM) designation of medium-density residential. 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 §7.9.8.13). Public Input Process: Number of Notices Mailed: 41 notices were mailed within the 200-foot notification area, and 7 outside the notification area. As of March 14, 2025 In Favor In Opposition 3 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 (March 5, 2025): Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "RM- 3" Multifamily District. Vote Results For: 7 Against: 0 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8584, Daovone Xayasene (District 1). Ordinance rezoning properties at or near 2828 Ruth, 2830 Ruth, and 2816 Ruth Street from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "RM-3" Multifamily 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 Lots 63 through 66, Block 12, Steele's Addition Subdivision and a 0.046 acre tract out of Lot 67, Block 12, Steele's Addition Subdivision, as shown in Exhibit "A", from: the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "RM-3" Multifamily District. The subject property is located at or near 2828 Ruth Street, 2830 Ruth Street, and 2816 Ruth Street. Exhibit A, a metes and bounds description, and Exhibit B, the subject property 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 Exhibit STATE OF TEXAS COUNTY OF NUECES Field notes of 0.046 acre tract for zoning purposes anly out of Lot 67,Block 12,"Steele's Addition'as shown on the plat recorded in Volume 2.Page 49.Map Records Nueces County,Texas and also being a portion of a 10 foot alley closed as per Ordinance No-14557 and recorded in Document No, 1996007979,Official Public Records of Nucces County,Texas.Said 0.046 acre tract being more particularly described as follows: BEGINNING at a point in the north right of way of Ruth Street.for the common south urrner of hots 66&67,and for the southwest corner of this exhibit. THENCE with the common line of Lot 66,Lot 67,and this exhibit,North 01' 16'28"West,a distance of 125.00 feet to a point in the center of said closed 10 foot alley and for the northwest corner of this exhibit,frorn WHENCE a 51"re-bar found for the northwest comer of Lot 7R,Steele"s Addition,as sho,Am on the plat recorded in Volume 69,Page 266,Map Records Nucces County,Texas,bears South 88Q 43'32"West,a distance of 50.00 feet,THENCE North 01° 16 28"West,a distance of 125.00 feet. THENCE with the common line of the center of said closed 10 foot alley and this exhibit,North 88'43' 32"East,a distance of 16.00 feet to a point for the northeast corner of this exhibit. THENCE crossing Lot 67 with the cast line ot"this exhibit,South U1"lb'28"East,a distance of 125.00 feet to a point in the common line of the north right of way of Ruth Street and Lot 67,and for the southeast comer of this exhibit THENCE with the common line of the north right of way of Ruth Street,Lot 67,and this exhibit.South 88'43'32"West,a distance of 16.00 feet to the POINT of BEGINNING of this exhibit,and containing 0.046 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum, 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5i8"re-bar=rc-bar set with yellow plastic cap labeled Brister Surveying. 1,Ronald E.Brister do hereby certify that this exhibit of the property legally described herein does not represent an on the ground survey. Donald R Bristcr,OCS No,5407 Date: January 23,2025 4 sRF� RONALD E BRISTER .................. 07 Nfj Sllii�El Job No.250059-1 Page 1 of 2 Page 3 of 5 EXHIBIT OF A(].W ACRE TRACT.FOR ZONING PURPOSES ONLY,OUT OF LOT 67,BLOCK 12,-STEEL.E°S ADDITION"AS SHOWN ON THE PLAT RECORDED IN VOLUME 2,PAGE 49,MAP RECORDS NUECES COUNTY,TEXAS AND ALSO BEING A PORTION OF A In F€7O7'ALLEY CLOSED AS PER ORDINANCE NO.14557 AND RECORDED IN DOCUMEN7 NO.1996007978,OFFICIAL PUBLIC RECORDS OF NLIECFS COUNTY,'CEXAS, LOT7R x R STE'ELE`S ADDITION VOL..69„PG.266, LOT6 LOT $ M.R.N,C.T. azy ——————————— N8H°#3'32'E ———— ; a p --—— — — I6.06 [MEAS} s.u.i SCALE I`=2U �F -I�• SODW---- ---� S' Kr ALLY CLOSED PER ORDINANCE NO,14WAND RECORDED IN DOCUMENT NO,I W60OMk OP.R•N.C,T. A. L 1. .: LOT 67 WT 66 �' LOT 68 •r z :13 N 7 P.O.B. S,88°43'32 W 16.00' (MEAS) RUTH STREET MY RIGHT OF WAY *=EXHIR11 COUNFIt EXHIBIT rnaexoFz Brister Surveying Sigh{dwl il,n� {5(11013iV}Iit11l xs fbl-(SSb IWi: a T1 RS Ex ID&T DOES NOT INCLUDE TI If IIJEMA LTL Dlin� 'mjf+rryw:i.:tivm t r t� IL�n hSi'I:.AT[]Ir,ttk 1. !ATK",OVAL SFR'vm!DF'S, F4rM1 R^. -X¢IU07SRI LASLMILNIS.RLUI CI'W WAY'i UR UEILLTiN GN TI II.S NlOIES ���b 'e•,d+ rahrFRTY I,)TOTAL AREA OF EXIRBSI MOON ACRF& ....I...... "" I.RONALRL DA1571AD0IIEAE9YCPRTL)111A1' x.I MFAu^aT IfLAxcnlS DIO BA'SE.U0AULOBAL RONALD EBRISTER T111..FxiliRIT llr—F FR[FFRTY I Frgl lY FO61TIONINGSYSTEM RAD RA IA])a'.QS pATUM. • DEWRIDED I IEA EIN DOES aOT REF RE SENT AN ON 1l FLF S.V'kE.BAR=STEEL RiLBAR wl>•'1711 i1B:.G IaPIINNt)'sVR4€T. Vill. MASTIC CAPLARFIED RRISTF5 AlIRVE.YIrxi •'9 , t; •.!A NFW-%AND BOUNDS oF9P.RwrION or LX}L'AL {''�O A% VA k Alt OMFANMS MIS hkH1 RIl ...... y�'FF S'itO. S.ITIIISDOCUMENTIS DWrf%DLDF0RRCZ0!IING DBU FU RFOSES ONLY AND OOL$NOt'REAR ES£NTA ioUNOAkY3UkVEY r .f xR��,unxt JANUARY 29,.2M JOB NO.2501J?4-1 it IRA I Dv RR1-Z":R R I.I NO+411. Page 4 of 5 Exhibit B COLEMAN AVE RS-6 z 0 a s suaVJECT PROPERTY CG- sT RS-6 P It RM-3 RS- r.. CASE: ZN8584 I1 LN, SUBJECT PROPERTY WITH ZONING r Subject _ Cerpu Property A-9 APart —Hm.0 0— �1 La eaeo 9ksana. A-M Apanmhn Haufa Di—1 I-2 Lop IM cm Cl— A-2 AW.—rlouw Dn— 46 H "InAu 4 AB PaW-a.l❑Am Ns P Planrd l&Y[W�pewrt AT Ap-lm -T ,.V D.* R•1A Db F-�v D-K� D} io M1 N fswLmd B�araa Dkmct R.a Chin Family Dv- DhEors ' g1A Naptpn—Bova sa 5Ra`et R-1c 0-F—,jD-geq 0-- .. B-2 $FyFRnt$�.s��-sa D� R-2 M mw Ch-an9.D�aCM — B-2A ga..rx..N-sne Bps.—0— RA 0—Fr-iry D--—D1.— B-3 B.—p RE R�F n� � su ..c7' B-1 �.,B.—Rimy R-TN TAvml+drff PRQPERTY B-� PFlmary B—Dees[ SF 57 P-mvi BL Prmary B�sarcsi C D— T-aA Travef'raJcY Pail]-ab.a Cl t[ i,I /�/.■Tf F•N Fsrm R�aa9 Datric T•9C 4WaAxvv-d Xoni-3uEErvism [�(11'IILi� �5f1 DER.E.J IJ I�Mff� F1C H��oal{.ulGval laMisark prsect Col'LIi L -•..•. Pn1rYSPm t• Page 5 of 5 ZONING REPORT CASE ZN8584 Applicant & Subject Property District: 1 Owner: Daovone Xayasene Applicant: Daovone Xayasene Address: Portion of 2816 Ruth, 2828, and 2830 Ruth, located along the north side of Ruth Street, south of Coleman Avenue, east of Duncan Street, and west of South Port Avenue. Legal Description: Lots 63 through 66, and a 0.046 acre tract out of Lot 67, Block 12, Steele's Addition. Acreage of Subject Property: 0.33 acres Zoning Request From: "RS-6" Single-Family 6 District and "CG-2" General Commercial District To: "RM-3" Multifamily District Purpose of Request: To allow multifamily development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "RS-6" Site Single-Family 6, Vacant "CG-2" General Commercial Medium-Density Residential North "RS-6" Low-Density Residential Single-Family 6 Transportation (Ruth St), Transportation (Ruth St), South "IL" Light Industrial Commercial, Medium-Density Residential Vacant East "CG-2" General Commercial Vacant, Commercial Medium-Density Residential West "RS-6" Low-Density Residential Single-Family 6 Plat Status: The subject property consists of two lots of record and a portion of a lot. Platting will be required to accommodate the proposed development. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. Designation Section Proposed Section Existing 40-Foot ROW 60-Foot ROW 1 Thru Lane, 1 Thru Lane, Ruth Street "Local" Residential 2 Way, 2 Way, On-Street Parking On-Street Parking Transit: The Corpus Christi RTA services the subject property via Bus Route 16 Morgan Port along S Port Avenue. Bicycle Mobility Plan: The subject property is approximately a block from the nearest planned Bike Boulevard, along Ruth Street, west of Sabinas Street, and along Sabinas Street, south of Ruth Street. Utilities Gas: A 6-inch coated Steel (active) grid main exists along the south side of Ruth Street. Stormwater: A 30-inch RCP (active and public) line exists along the north side of Ruth Street. Wastewater: An 8-inch VCP (active and public) distribution exists along the north side of Ruth street. Water: A 6-inch ACP (active and public) distribution line exists along the north side of Ruth 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 Westside ADP (Adopted on January, 2023). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 41 within a 200-foot notification area 7 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: March 5, 2025 City Council 1st Reading/Public Hearing Date: April 15, 2025 City Council 2►,d Reading Date: April 29, 2025 Background: The subject property is out of the westside area and District 1 , is a vacant 0.33 acre tract out of multiple lots and portion of a lot, out of the Steele's subdivision. It is located along a local right-of-way, Ruth Street, near Agnes Street and South Port Avenue, both arterials. Steele's Addition, 62 acres at the time of plat, appear to have originally been subdivided from residential use. Apart from the abutting right of way along its southern boundary, the properties to the north and west have a current land use designation of low-density residential and are zoned "RS-6" Single-Family 6. Those to the east are vacant with portion having commercial activities and are zoned "CG-2" General Commercial district. South of the subject property and Ruth Street are parcel zoned "IL" Light Industrial use, that are vacant or have a commercial use. An "RM-3" multifamily district exists along Ruth Street as well. The applicant is requesting a change of zoning to accommodate a multifamily development. The proposed development proposes two structures containing four units each. The "RM-3" Multifamily District allows apartments, single-family houses, two-family houses, townhouses, cottage housing developments, group homes, educational facilities, parks and open areas, places of worship, and nursing homes. Density is limited to 36 units per acre; the subject property has a gross allowance of 11 density units per acre. 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 the protection and enhancement of residential neighborhoods. ■ Promote the stabilization, revitalization, and redevelopment of older neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. Westside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Westside ADP; however is not 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: • The proposed amendment is consistent with the City of Corpus Christi Comprehensive Plan; however, it is not consistent with the FLUM designation of medium-density residential. • In reviewing the applicant's request to amend the current district, staff considered compatibility with the single-family residential district to the north and west, and the commercial district to the east, and found the proposed amendment acceptable. o The proposed district will buffer a commercial district regarded to be incompatible to a single-family district. o Additionally, the Unified Development Code will further ensure compatibility through height restrictions. • The subject property is suitable for the use 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 "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "RM-Y Multifamily District. • The proposed rezoning will not have an adverse impact on the surrounding area. It addresses a Iocational need, adds variety to the housing stock, and enhances an established neighborhood. Attachments: (A) Existing Zoning and Notice Area Map (B) Returned Notices (A) Existing Zoning and Notice Area Map 12 13 14 15 16 17 1 1-1 COLEMAN AVE 0 6 24 23 22 21 20 19 i 7 RS-�' 25 38 35 39 SUBJECT PRQPERTY 34 40 26 27 28 29 30 31 32 33 C G-2 1 41 RUTH ST RS-6 1u'�Py� 5 IL 6 RM-3 3 4 ipJ� 8 7 RS-6 (CASE: ZN8584 Zoning and notice Area = � F RM-1 Multifemilyl IL Light Industrial 3 - RM-2 Mu ltda m'lly 2 IH Heavy Industrial p ' e' RMJ Multifamily3 PUD Planned Unit Dev.Overlay Caqui, CN Professional ONice RS-10 Single-Fsmlty 1f1 z s { Chrl.I. RM-AT 11A.1 rally AT R5-S Single-Famlly6 - CN-1 Neighborhootl Commertial RSA.5 Single-Family 4,5 i CM-2 Neighborhood Commarcial RS-TF Two-Family CR-1 Resort Cammettisl RS-15 Single-Family 15 '.'Rpivr Fl CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH T..Irm ise CG-2 General Commercial Cl Interesive Cnmmer SP Special Permit tial RV Rec reatienal Ve I,kc le Park CHD Downtown Com mercial RMH Manufactured Home CR3 Resort Commercial FIR Fann Rural H Hlaroric Overlay SUBJECT 8P 3—inese Park PROPERTY SOyoct P cwy dh O O�rvrsrsIIIIIIIIF 20r1'r— mfawr¢ City11 QV.IIeYS v.Ahut 200'ustetl en Oxmers ads hedtrvnersnnfabe X,cewestpn Cpu os Esri, ERE Or LOCATION MAP Christi (B) Returned Notices PUBLIC HEARING NOTICE PLANNING COMMISSION REZONING CASE No. ZN8584 Daovone Xayasene has petitioned the City of Corpus Christi to consider a change of zoning from the"I% Single-Family 6 District and the"CO-2"General Commercial District to the"RM-3"Multifamily Dist 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 2816,2828,and 2830 Ruth Street,and described as 0.33 acres being Lots 63-66,and a portion of Lot 67,out of Block 12 of Steele's Addition,located along the north side of Ruth Street, south of Coleman Avenue, east of Duncan Street,and west of South Port Avenue.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 be held on Eli `� Wednesday, March 5.2026,during one of the planning Commission's regular meetings,which begins at 05:30 p.m.The hearing will be held in the City Council Chambers,1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning. 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 46 hours in advance at 361-826-3105. Si usted desea dirigirse at Consejo de Ajuste y so ingles es limitado, habra un interprete en Ja junta para ayudarle. Para rnas information, favor de Ilamar al Departamento de Servicios 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 owners), and retumed in its entirety via mail to the return address this n is or to the email address below. Property Owner(s)Name: Addres g &f4 Phone No.: ( In Favor ( }in Opposition Reason: Sign at Planner Assigned:5aradja Registre, Email:SaradiaROcctexas.com Phone:361-826-3574 INFOR Case No.ZN8584 Property Owner ID 3 PUBLIC HEARING NOTICE PLANNING COMMISSION REZONING CASE No. ZN8584 - Daovone Xayasene has petitioned the City of Corpus Christi to consider a change of zoning from the" Single-Family 6 District and the"CG-2"General Commercial District to the"RM-3"Multifamily Di 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 2816, 2828,and 2830 Ruth Street,and described as 0.33 acres being 63-66,and a portion of Lot 67,out of Block 12 of Steele's Addition,located along the north side of R: Street,south of Coleman Avenue, east of Duncan Street,and west of South Port Avenue.See map or. 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 be held on Ell Wednesday, March 6,2025,during one of the Planning Commission's regular meetings,which begins at 05.30 p-m.The hearing will be held in the City Council Chambers,1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning. The Planning Commission may recommend to the City Council approval, or denial,or approval of an intermediate zoning classification,andlor 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 didgirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta Para ayudarle. Para mas information, favor de llamar at Departamento de Servicios 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. Cade§211.006(d), Corpus Christi Unified Dev. Code§3.3.4 To be on the record,this form must be filled cut, signed by the current property owner(s), and returned in its entirety via mail to the return address n thisr.e r to the email address below, Property Owner(s) Name:_ � Addres : � Z dP��Df -0 Phone No.: ( in Favor { )In Opposition Reason: Signatur Planner Assigned:Saradja Registre Email:SaradlaR d..ectexas.com Phone:361-825-3574 INFOR Case No.ZNB584 Property Owner IQ:4 PUBLIC HEARING NOTICE PLANNING COMMISSION REZONING CASE No. ZN8584 Daovone Kayasene has petitioned the City of Corpus Christi to consider a change of zoning from the"RS-6" Single-Family 6 District and the"CG-2"General Commercial District to the"RM-3"Multifamily District 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 2816,2828,and 2830 Ruth Street, and described as 0.33 acres being Lots 63-66,and a portion of Lot 67,out of Block 12 of Steele's Addition,located along the north side of Ruth Street,south of Coleman Avenue,east of Duncan Street, and west of South Port Avenue.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 be held on Ell •� Wednesday, March 5,2025, during one of the Planning Commission's regular meetings.,which begins at 05:30 p.m.The hearing will be held in the City Cou no!I Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning. 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 feast 48 hours in advance at 361-626-3105. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado,habra un interprete on to junta Para ayudarle. Para m6s mformacidn, favor de!lamer al Departamento de Servicics 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), Corpris Christi United 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 o this notice o o the email address below. Property Owner(s)Name: Address: f Z r-G 'dip/ Phone No.: 3 �—✓� z f ( Favor ( )In Opposition Reason: Signature Planner Assigned:Saradia Registre Email,SaradiaRScctexas.com Phone:361-826-3574 iNFOR Case No.ZN8584 Property Owner IQ:5 Zoning Case ZN8584 Daovone Xayasene District 1 COLEh1„Al AVE Rezoning for a property at or near 2816,2828, &2830 Ruth From the "RS-6" Single-Family 6& "CG-2" General Commercial To the "RM-3" Multi-Family SUBJECT � PROPERTY C.,Pu Ch,i.O 5J _ pyp,j SUBJECT PROPERTY �O v t ('LIN 01 Cope. LOCATION MAP City Council April 15, 2025 Zoning and Land Use Proposed Use: To allow a multifamily development. COLEMAN AVE - ADP (Area Development Plan): 02-06-1979 Westside,Adopted on January 10, 2023 RS-B z FLUM (Future Land Use Map): =1 Medium-Density Residential sye� CT I PR%P TY CG_z Existing Zoning District: 'IRS-6" Single-Family 6, "CG-2" General Commercial RUT"ST Adjacent Land Uses: RS-8 F,P� North: Low-Density Residential; Zoned: "RS-6" RM-3 " South: Transportation, Commercial, and Vacant; oP� Zoned: "RM-3," "CG-2" 10-21-1980 �lG�s� N RS-6 East: Vacant, Commercial; Zoned: "CG-2" 05-22-1979 West: Low-Density Residential; Zoned: "RS-6" Public Notification 41 Notices mailed inside the 200' buffer 7 Notices mailed outside the 200' buffer 12 13 14 16 16 17 COLEMAN AVE 0 Notification Area 7 S_ 29 23 22 21 20 19 25 38 Opposed: 0 (0.00%) �8 T 35 39 Separate Opposed Owners: (0) TY 34 40 X 26 27 28 29 30 31 32 33 C G_2 41 R TH ST In Favor: 3 (8.20%) s R 1L 6 3 9 9 N *Notified property owner's land in SQF/Total SQF of all properties in 8 the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed amendment is consistent with the City of Corpus Christi Comprehensive Plan; however, it is not consistent with the FLUM designation of medium-density residential. • In reviewing the applicant's request to amend the current district, staff considered compatibility with the single-family residential district to the north and west, and the commercial district to the east, and found the proposed amendment acceptable. • The subject property is suitable for the use to be permitted by the zoning district that would be applied by the proposed amendment. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RM-3" MULTIFAMILY DISTRICT COLEMAN AVE un z 0 z SUBJECT PROPERTY RUTH ST ,b6 O CASE: ZN8584 N WE Aerial View ti S brpkl S Subject Property Alpl�RL SUBJECT 6W PROPERTY Cityof Esri,JERE I'FKIT D Corpus ILOCATION MAP[ Christi v s ct�' o� �a yoAPop ° AGENDA MEMORANDUM xs5� Action Item for the City Council Meeting of April 15, 2025 DATE: April 11, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, P.E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Sergio Villasana, CTCD, Director of Finance & Procurement sergiov2@cctexas.com (361) 826-3227 FY 2025 Operational Budget Adjustment Engineering Services Department CAPTION: Ordinance approving the addition of 20 full-time positions and equipment to the Engineering Services Department budget; amending the FY 2025 Operating Budget as required for the last five months of the year with funding coming from the FY 2025 Capital Improvement Budget as required. The FY 2025 impact is $1,705,243.00 including vehicle purchases with an FY 2026 recurring amount of$1,969,676.00. SUMMARY: This Ordinance increases the Engineering Services funded positions from 103 to 123 and makes the budget adjustments necessary to support that change. This increase is needed to respond to the demands of the near-term CIP that have increased from $703 million in FY24 to $1 billion in FY25. Subsequent to the CIP adoption, all four propositions of the $175 million Bond 2024 program were approved by the voters. BACKGROUND AND FINDINGS: Engineering Services is an internal services department that is tasked with cost- effectively managing the execution of the City's capital construction project portfolio. The numbers of projects and scale of the projects managed have grown dramatically in recent years. The FY 25 CIP is over 300% of the CY 2020 CIP. Engineering Services' workloads have increased proportionally to the CIP growth. Staffing levels have not kept pace with the CIP growth and increased demands. During the August 29, 2024 City Council workshop on the CIP it was mentioned that upon passage of the FY2025 CIP and approval of the Bond 2024 referendum, Engineering Services would be requesting a mid-year budget adjustment. The passage or both the FY 25 CIP and Bond 2024 referendum is resulting in increased tasking for Engineering Services. Additional staffing is requested to keep pace with the growing work demands. The FY 2025 impact is $1,705,243 (including vehicle purchases) with an FY2026 recurring amount of$1,969,676. The City awarded $524 million in new architect-engineer (AE) and construction contracts in FY24. The performance expectation for the department is to exceed that amount in FY25. Financial throughput for the department is currently around $350 million. The projected three-year CIP from FY25 through FY27 averages about $650M. Based on that, the throughput and tasking for Engineering Services should continue to increase for the next few years. In addition to the increase in contracting volume, there has been an evolution in the type of construction contracts that the City is awarding. There are many more IDIQ contracts than the department had five years ago. These contracts help operating departments be more responsive to immediate needs and expedite getting construction work done. They do, however, carry more of an administrative burden since the level of engineering is typically less than a Design-Bid-Build project. There can be one or two dozen task orders or delivery orders on each contract that need to be individually invoiced and tracked. IDIQ or MSA contracts therefore require much more administrative work than a similarly sized individual contract. Engineering Services is funded by charges against the projects we are managing that are referred to as reimbursements. Engineering Services reimbursements are budgeted at around 6% of total project cost in the CIP (8% for most projects and 3% for very large projects). Engineering Services endeavors to maintain actual cost reimbursements at less than the 6% of total project cost. Staff uses 6% as a metric because that compares favorably with peer organizations performing similar scopes of work such as the US Army Corps of Engineers (USACE), the Naval Facilities Command (NAVFAC) and other municipal program management offices. For example, USACE charges 5.7% for projects over$6 million and 6.5% for projects under $6 million. NAVFAC charges similar amounts. The City of San Antonio provides budget guidance of allowing 7-9% to manage capital projects in the size range of Corpus Christi's average project size which is about $10 million. As a performance metric, Engineering Services compares our monthly financial throughput against our monthly departmental costs. For the 3-month period of December 2024 — February 2025, Engineering throughput averaged almost $30 million per month. That rate of throughput would support an annual budget of nearly $22 million for Engineering Services' costs at the 6% level. With this requested action, Engineering Services would have an amended FY25 budget of roughly $15 million. The impact for FY26 would be slightly less due to one-time vehicle costs in FY25. With the requested staffing increase, if throughput maintains current rates, Engineering Services' costs will end the year under 4.5% of financial throughput, which is well below the CIP budgeted amounts and the 6% performance target. We are achieving these efficiencies through leveraging technology and streamlining processes. ALTERNATIVES: The alternative is to not approve these adjustments. Not adjusting the Engineering Services staffing will inevitably slow down the execution of the CIP and will result in greater financial risks for the City. Some important business transactions such as change orders, monthly pay application processing and project closeouts may be delayed. All those items can result in delayed payments to contractors and consultants. There is also an increased risk of undetected construction quality issues. There could also be greater risk of construction cost escalation if the City causes delays to project execution. FISCAL IMPACT: The proposed budget increase is fully funded within the current CIP and is still well within the CIP budgeted amounts for Engineering Services reimbursements. Therefore, no CIP amendment is required by this action. Engineering Services is funded by cost recovery from project budgets in the approved CIP. The City's External Auditors require that Engineering reimbursements to be based on actual staff time spent on projects. Our costs are recovered quarterly from projects based on employee timesheets. Engineering Services Reimbursements are typically budgeted at 8% of CIP project cost and 3% for some very large projects. Engineering uses 6% of financial throughput as a performance target because that compares favorably to peer organizations. Since actual Engineering Reimbursement costs are running well below the budgeted amounts, the fiscal impact from approving this action is completely funded within the adopted CIP. Denying this request could possibly result in increased project delays, undetected quality issues, coordination problems, delayed payments and could potentially increase construction costs due to delay impacts. RECOMMENDATION: Staff recommend the approval of an Ordinance to add twenty positions with required salaries, benefits, and equipment to the Engineering Services Department. LIST OF SUPPORTING DOCUMENTS: Ordinance Proposed Budget Adjustment Ordinance approving the addition of 20 full-time positions and equipment to the Engineering Services Department budget; amending the FY 2025 Operating Budget as required for the last five months of the year with funding coming from the FY 2025 Capital Improvement Budget as required. The FY 2025 impact is $1,705,243.00 including vehicle purchases with an FY 2026 recurring amount of $1,969,676.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY2024-2025 Operating Budget adopted by Ordinance No. 033451 is amended to increase the number of full-time employees in the Engineering Services Department by 20 with required salaries, benefits and equipment. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Corpus Christi, Texas --- FY2024-2025 PP45 Cy ` OLIO o° +4� � �� - CAPITAL BUDGET REVIEW Ay- ENGINEERING SERVICES MID—YEAR BUDGET ADJUSTMENT FISCAL YEAR 2024-2025 : " ADOPTED Presented by CAPITALJeff Edmonds, Director of BUDGET G°aeus chRi. o � Engineering � h CITY OF CORPUS CHRISTI ADOPTED BY CITY COUNCIL CITY MANAGER April 15, 2025 ON SEPTEMBER 17,2024 PETER ZANONI ORDINANCE NO.033468 FY25 CIP Summary CIP Programs Projects • • - Airport 7 $3,363,400 Economic Development 36 $34,904,326 Parks&Rec 45 $71,615,082 Public Facilities 19 $12,083,851 Public Health &Safety 18 $29,009,354 Streets 44 $78,847,633 Gas 8 $26,933,144 Storm Water 13 $52,074,141 Wastewater 29 $182,665,490 Water 53 $517,192,726 TOTAL •ND 2024 $175,000,000 TOTAL FY 25 CIP PLUS BOND1 $1,183,689,147 2 Planned Capital Program FY 2025— FY 2034 Capital Pro ram b Cate o $ in Millions FY E Program Amount Amount Water $5172 $2,302.7 28.7% Wastewater 182.7 1,093.2 13.6% Streets(Less Utility Support) 78.8 2,340.5 29.2% Parks & Recreation 71.6 715.1 8.9% Storm Water 52.1 368.4 4.6% Economic Development 34.9 405.1 5.1% Public Health & Safety 29.0 321.1 4.0% Gas 26.9 128.7 1.6% Public Facilities 12.1 304.9 3.8% Airport 3.4 40.7 0.5% ProgramTotal 00: 00 1 10-YR average = $802 million per YR Source: FY24-25 Adopted Capital Budget(page 16) 3 FY25 CIP TREND/ PROJECTION ADOPTED/PROJECTED CAPITAL BUDGET $1,400,000,000 $1,200,000,000 $1,000,000,000 $800,000,000 $600,000,000 $400,000,000 $200,000,000 $o 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 4 Tasking, Staffing and Budget Trend $300,000,000 200 $250,000,000 150 $200,000,000 z $150,000,000 N 100 a $100,000,000 50 $50,000,000 $_ 0 2020 2021 2022 2023 2024 AMENDED 25 Annual Work in Place $ Engineering Services Cos[$ -Engineering positions 5 About Engineering • Engineering Services' mission is to cost-effectively manage delivery of capital construction portfolio • Managing about 100 active construction projects with unexecuted value of $600M • CIP and Bond 2024 increased workload passage • Increased workload requires more staff A • Departmental costs are budgeted within CIP projects • ES cost target is less than 6% of project cost • Compares favorably with peer organizations • Recently, ES costs have been less than 4% of project costs `. • The 2% under target equates to over $7M savings per year! Monthly throughput averaging $30M and expected to increase throughout balance of year • Overtasking staff increases the risk of delays, mistakes, poor performance, quality issues and added costs - —_ 6 About Engineering • Every CIP project includes an allocation for , "Engineering Reimbursements". • Engineering reimbursements are charged to projects qr , based on timesheets completed by employees. • Engineering is not funded in the General Fund budget. ,4 • Engineering is not directly funded by taxes. • Our costs and revenues mirror the CIP funding. ` • Engineering costs during any fiscal year are mostly funded by projects in previously approved CIP's and . Bond referenda. ��` About Engineering Jeffrey C Janetwheehead D-2— rM 3] ]tr V'mitionsPos'tiomRama Pottumu[hu � fw(�� i i i I i I I I I I Hu an ReSOUFCeV WTR/WW/STO/G/SUPPORT 6 Positions PUB Facilitiesma I • Financial Management Manage A/E Contracts • Administrative Support Project Management of Construction Inspections and Water and Wastewater • Records Management Engineering Design projects Management Construction Inspections and • Reporting • Manage Engineering projects • Commercial/Subdivision/Permit Management + Audit Response Public Outreach Inspections • Human Resources Manage real estate transaction • e-Builder and IT Support associated with Engineering • Construction Administration projects • Agenda Preparation • dudes 2 art time intern g About Engineering Services SOVIM Estimated Private Sector Construction Workers Employed on City Projects: 3,000+ Mid -year Adjustment Drivers • Awarded $524M in contracts in FY24 • FY25 CIP increased by 42% over FY24 adopted CIP Budget • Bond 24 added $140M to FY 25 adopted CIP Budget • Amended FY 25 CIP is a 62% increase over FY24 • Outstanding contract value greater than $600M • Emergency projects related to drought • Supporting RPP and more IDIQ work - Faster paced work with less upfront engineering • Managing larger, more complex projects • Monthly throughput has increased by about 50% over FY24 levels • Departmental costs have fallen below 5% of $ throughput Zo Mid -year Adjustment Summary • FISCAL IMPACT IS FUNDED WITHIN THE CIP BUDGETED AMOUNTS FOR ENGINEERING REIMBURSEMENTS • Add 20 authorized FTE's across organization • Addition of 12 vehicles • Total FY25 Adjustment of $1.705M (with one-time expenses) • FY2026 Recurring amount of $1.970M • This is about a 15% annual adjustment but work-in-place for FY25 is expected to be a 45% increase over FY24. • 45% workload increase with 15% labor adjustment! 11 Mid -year Adjustment Detail Support Services Division Utility Treatment Plant • 1 Contract and Funds Administrator Construction Division • 1 Sr Contract and Funds Administrator • 3 Senior Construction Inspectors • 1 Grants & Contracts Specialist • 1 Senior Project Manager • 1 Administrative Support II • 6 Vehicles • 2 Engineering Project Specialists Construction Management Division Project Management Division • 4 Construction Inspectors II • 2 Senior Project Managers • 1 Construction Inspector 1 • 1 Project Manager • 1 Administrative Support II • 1 Engineer II • 5 Vehicles • 1 Pool Vehicle 12 --- FY2024-2025 PP45 Cy ` OLIO o° +4� � �� - CAPITAL BUDGET REVIEW Ay- ENGINEERING SERVICES MID—YEAR BUDGET ADJUSTMENT FISCAL YEAR 2024-2025 : " ADOPTED Presented by CAPITALJeff Edmonds, Director of BUDGET G°aeus chRi. o � Engineering � h CITY OF CORPUS CHRISTI ADOPTED BY CITY COUNCIL CITY MANAGER April 15, 2025 ON SEPTEMBER 17,2024 PETER ZANONI ORDINANCE NO.033468 se o° a F v AGENDA MEMORANDUM NHPOPPl E First Reading Ordinance for the City Council Meeting April 15, 2025 1852 Second Reading Ordinance for the City Council Meeting April 29, 2025 DATE: April 15, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services 0effreye(u-)-cctexas.com (361) 826-3851 Robert Dodd, Director of Parks & Recreation robertd4(u-)cctexas.com (361) 826-1853 Advance Funding Agreement Holly Road Train Trestle to Tourism Trail CAPTION: Ordinance approving and authorizing an Advance Funding Agreement between the City of Corpus Christi and the Texas Department of Transportation for the Holly Road Train Trestle to Tourism Trail Project in an amount of $11,797,839 from the Texas Department of Transportation, Transportation Alternatives Set-Aside (TASA) Program under the 2023 Call for Projects, with the design and construction managed by the City and appropriating $1,300,000 of interest income from the American Rescue Plan Act (ARPA) Fund and amending the FY 2025 Capital Budget and FY 2025 Operating Budget SUMMARY: This ordinance will authorize the following agreements associated with the Trestle to Trail Holly Road Project. A. Transferring interest income in the amount of$1,300,000 from the ARPA fund to the CIP Project Trestle to Trail Holly Road for design costs. B. An ordinance authorizing the Parks & Recreation Department to accept funding from the Texas Department of Transportation's TASA Program under the 2023 Call for Projects. The proposed grant will cover construction costs related to the CIP Project Trestle to Trail Holly Road. C. An ordinance authorizes the execution of an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for the Holly Road Train Trestle to Tourism Trail. This project involves constructing a 15-foot-wide shared-use path from the existing path on the west side of Oso Bay along Division Road to Flour Bluff Drive, and along Flour Bluff Drive from Division Road to Don Patricio Road. It will include building a pedestrian bridge across Oso Bay using existing pilings from the abandoned train trestle bridge. BACKGROUND AND FINDINGS: TASA issued a "Call for Projects" in the Texas Register on December 2, 2022. The City of Corpus Christi Holly Road Train Trestle to Tourism Trail Project was prepared and submitted by City before the deadline of June 5, 2023. The project scope involves constructing a 15-foot-wide shared-use path from the existing path on the west side of Oso Bay along Division Road to Flour Bluff Drive, and along Flour Bluff Drive from Division Road to Don Patricio Road. It will include building a pedestrian bridge across Oso Bay using existing pilings from the abandoned train trestle bridge. Projects were evaluated for eligibility based on the technical standards, and specific selection criteria as set forth in the 2023 Transportation Alternatives Program Guide. The commission selected Transportation Alternatives projects for funding based on recommendations from the director of the division responsible for administering the TASA Program, the potential benefit of the projects to the state, and their value as enhancements to the surface transportation system. The Texas Transportation Commission awarded federal funds and transportation development credits to support a variety of bicycle and pedestrian planning and infrastructure projects throughout the state. On October 26, 2023, The City of Corpus Christi Holly Road Train Trestle to Tourism Trail Project was awarded $13,577,158 of which $11,797,839 is for construction and $1,779,319 is for State direct and indirect costs. Generally, the local match for TASA projects must be 20% or greater, approximately $2,606,891. The local match for this project has been met with Transportation Development Credits, which brings the local match to $0. The City is responsible for all other soft costs such as design and permitting. The design and permitting for the project will be funded through the ARPA interest income in the amount of $1,300,000. The ARPA interest income will be transferred to the project. The grant requires the construction project be advertised and constructed by City per the project scope listed in the AFA. The city is responsible for any overage. Both the Flour Bluff Area Development Plan and the Southside Area Development Plan, respectively, identified the Oso Bay Trestle Bridge Hike and Bike trail as an important public investment project with strong community support. The voters further expressed support for this project when they approved the 2022 Bond Package that included $500,000 for the preliminary design and investigation to convert the damaged railroad crossing to an ADA-accessible hike and bike trail. The future trail system will be located throughout Flour Bluff connecting various natural areas on the Encinal Peninsula. These future improvements could serve as vital recreation, active transportation, and nature education resources for area residents and visitors to Corpus Christi. This item will authorize the execution of the AFA with TXDOT in an amount of$13,577,158 for the construction of a 15-foot-wide shared use path. A professional service contract for design services will be presented to Council for consideration in May 2025. ALTERNATIVES: The alternative is not to approve the grant funding, reallocate the ARPA interest income, or execute the Advanced Funding Agreement and use other city funds to complete the project FISCAL IMPACT: The fiscal impact for FY 2025 is in the amount of $13,097,839 for costs such as construction, design, right of way, and permitting with funding available from the Parks & Recreation Grant Fund (1067). Funding Detail: Fund: Parks & RecGrnts (Fund 1067) Department: Parks & Rec (27) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 23169-1067-S Amount $11,797,839 Fund: Parks & RecGrnts (Fund 1067) Department: Parks & Rec (27) Org: Grants and Capital Projects (89) Account: Design (Outside Consultants) (550950) Activity: 23169-1067-L Amount $1,300,000.00 Total: $13,097,839 RECOMMENDATION: Staff recommends execution of the AFA with TxDOT for Holly Road Train Trestle to Tourism Trail for the construction of a 15-foot-wide shared use path. LIST OF SUPPORTING DOCUMENTS: AFA TASA Signature Page Location Map CIP Page Power Point Presentation Ordinance Ordinance authorizing the execution of an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for a TASA Program Project, Holly Road Train Trestle to Tourism Trail for construction in the amount of $13,577,158; authorizing the acceptance and appropriation of $11,797,839 from the TXDOT Transportation Alternatives Set-Aside (TASA) Program; appropriating $1,300,000 in estimated ARPA interest income; and amending the Operating and Capital Budgets, located in Council District 4; with FY 2025 funds available from the Parks Grant Fund WHEREAS, the City, via Ordinance No. 033542 previously allocated ARPA funding to various projects and now desires to modify allocations to include a new allocation in order to better align APRA funds with the City's immediate needs; and WHEREAS, an amendment to Ordinance No. 033542 is necessary in order to reallocate a portion of the ARPA funding through a transfer of interest income; and amend the FY 2025 Operating Budget and Capital Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION1. Ordinance No . 033542 is amended to reallocate $1 ,300,000 from the American Rescue Plan Act interest income, which is appropriated into the Parks Grant Fund. SECTION 2. The FY 2024-2025 Operating Budget, adopted by Ordinance 033451, is amended to increase expenditures by $1 ,300.000. SECTION 3. $11 ,797,839 of anticipated revenue from the Texas Department of Transportation Set-Aside Program is appropriated into the Parks Grant Fund. SECTION 4. The Corpus Christi FY2024-2025 Capital Budget adopted by Ordinance No. 032856 is amended to increase revenues and expenditures by $13,097,839. SECTION 5. The City Manager or designee (Director of Engineering Services) is authorized to execute the Advanced Funding Agreement for the Holly Road Train Trestle To Tourism Trail Project with the Texas Department of Transportation (TXDOT). SECTION 6. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. Introduced and voted on the day of , 2025 PASSED and APPROVED on the day of , 2025. CITY OF CORPUS CHRISTI ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary TxDOT: Federal Highway Administration: CCs1# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA Cs1s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET-ASIDE (TASA) PROGRAM PROJECT Utilizing State Transportation Development Credits TxDOT-Selected Off-System This Advance Funding Agreement for a Transportation Alternatives Set-Aside (TASA) Program Project ("Agreement") is made between the State of Texas (State), acting through the Texas Department of Transportation, and the City of Corpus Christi (Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and Metropolitan Planning Organizations (MPOs) develop transportation plans and programs for urbanized areas of Texas, and WHEREAS, Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the rules and procedures for the Transportation Alternatives Set-Aside Program (TASA) are established in 23 USC §133(h), and 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400— 11.418, and WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a project nomination package for TASA funding consideration, which is briefly described as Holly Road Train Trestle to Tourism Trail (Project), and Page 1 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 116575 (MO) dated October 26, 2023 awarding funding for TASA projects in the TASA Program Call of the Corpus Christi MPO, including Project, and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated {enter date of resolution}, which is attached to and made a part of this Agreement as Attachment C, Resolution or Ordinance. A map showing the Project location appears in Attachment A, Project Location Map, which is attached to and made a part of this Agreement, and NOW, THEREFORE, the State and the Local Government agree as follows: AGREEMENT 1. Period of Agreement and Performance A. Period of Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided below. B. Period of Performance. 1. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization and Agreement (FPAA) for that phase of work. Local Government may not begin work until issued the State Letter of Authority (SLOA) for that phase of work. 2. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for the project consists of the construction of a 15-foot-wide shared use path from the existing shared use path on the west side of Oso Bay along Division Road to Flour Bluff Drive and along Flour Bluff Drive from Division Road to Don Patricio Road. The project will include the construction of a bridge across the OSO Bay utilizing existing pilings from the abandoned train trestle bridge. B. Any project changes proposed must be submitted in writing by Local Government to State. Substantive changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 3. Project Sources and Uses of Funds The total estimated development cost of the Project is shown in Attachment B, Project Budget Estimate and Source of Funds (Attachment B). A. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must Page 2 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of the Project. State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The total estimated project cost as shown in Attachment B incudes the Local Government's estimated itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. Local Government must submit to State evidence of payment for eligible in-kind costs at least once per calendar quarter using the State's In-Kind Match Reporting form. C. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. D. The Project budget and source of funds estimate based on the budget provided in the application is included in Attachment B. Attachment B shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the TASA, FPAA, or other federal documents. E. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. F. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. If the Project was State- Page 3 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development selected, the State may apply a portion of any excess program funds to cover all or a portion of any overrun based on criteria provided by 43 Tex. Admin. Code §11.411(d). G. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment B for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment B for State's estimated construction oversight and construction cost. J. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment B and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. K. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation". The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. L. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. M. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. N. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. O. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, Page 4 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. P. State will not pay interest on any funds provided by Local Government. Q. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. R. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. S. If Local Government is an Economically Disadvantaged County (EDC) or the State or MPO selected project meets the State's or MPO's criteria to receive Transportation Development Credits in lieu of providing a cash local match, and the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. C. The Agreement may be terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; D. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. E. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: Page 5 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development 1. Local Government fails to satisfy any requirements of the program rules cited in 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400 — 11.418. 2. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. 3. Local Government withdraws from participation in Project. 4. State determines that federal funding may be lost due to Project not being implemented and completed. 5. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. 6. A construction contract has not been awarded or construction has not been initiated within three years after the date that the Commission or MPO selected the project or by a letting date determined by the state and agreed to by the Local Government. 7. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. F. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice from Local Government within 270 days of FPAA. 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utilities or utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utilities or utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. At the State's discretion, State may reimburse Local Government for minor, incidental utility adjustments that are identified during the preliminary engineering phase if they are eligible for federal reimbursement. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TASA participation if the following conditions are met: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) Page 6 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development TASA funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 8. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. B. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. C. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment, including any public hearing requirements that may be necessary when adding a bike lane. D. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by the Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services or if these services will be used as in-kind contributions; and with Texas Government Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. Variety B. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All design criteria for bicycle and pedestrian bridges must comply with TxDOT's Bridge Design Manual and AASHTO's Load and Resistance Factor Design (LRFD) Guide Specifications for the Design of Pedestrian Bridges (latest Page 7 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development edition) as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. C. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval on an agreed upon schedule. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. D. When architectural and engineering services are provided by or through State, then the State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work, including any proposed changes to the scope of work, as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. To ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. B. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. C. All contract change order review and approval procedures must be approved by State prior to start of construction. D. If the Local Government is the responsible party, the State must review and approve change orders. E. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. F. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.B. G. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. Page 8 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. C. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. B. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any Page 9 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development displaced person as defined in 49 CFR §24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. D. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, or (2) Local Government, if the real property is not to be made part of the State Highway System. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. E. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. F. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. Local Government will not be reimbursed for right-of-way costs on state-selected projects. G. For State-selected TASA projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TASA Project. H. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. Local Government will not be reimbursed for right-of-way costs on state-selected projects. I. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. J. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project Page 10 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment. For State-selected projects, this is outlined in 43 Tex. Admin. Code §11.417. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. K. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. M. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 14. Insurance A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. B. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 15. Notices, Invoices, Payments, and Project Inquiries All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 801 Leopard St. 125 E. 11 t" Street Corpus Christi, TX 78401 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by Page 11 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. Invoicing, payment, and project inquiries must be sent to the following address, which the State may change by sending written notice of the change to the Local Government: Texas Department of Transportation ATTN: Director of TP&D 1701 S. Padre Island Dr. Corpus Christi, Texas 78416 All invoicing, payment, and project inquiries must include the following information: County: Nueces Local Government: City of Corpus Christi CSJ No.: 0916-002-282 Project Name: Holly Road Train Trestle to Tourism Trail Highway or Roadway: Holly Rd 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. Page 12 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development 20. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, Local Government shall furnish State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including Page 13 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). Page 14 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCs1# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA Cs1s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. B. Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Page 15 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCs1# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA Cs1s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.Of. E. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). F. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate." 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an Page 16 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC §1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.qpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf. B. Local Government agrees that it shall: 1. Obtain and provide to State a System for Award Management (SAM) number (Federal Acquisition Regulation (FAR) Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://sam.gov/SAM/pages/public/index.jsf 2. Obtain and provide to State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to State if: a. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and b. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. Page 17 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits(a)txdot.gov . C. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Jeff Edmonds, P.E. Typed or Printed Name Typed or Printed Name Director of Contract Services Director of Engineering Services Typed or Printed Title Typed or Printed Title Date Date Page 18 of 18 AFA TASA Rev. 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA CSJs 0619-00-282 CFDA Title Highway Planning and Construction District# 16- Code Chart 09800-Corpus CRP 64# Christi Project Name Holly Road Train Trestle to Tourism AFA Not Used For Research&Development Trail ATTACHMENT A PROJECT LOCATION MAP f l S& � `� CSJ: 0916-00-282 �'OSo Project beings at the ex€sting trail on the west side of Oso Bay and end at Flour Bluff Dr m t wry � A r � I0 R o' ... - a rtht, Page 1 of 1 AFA TASA Attachment A 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID I Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development ATTACHMENT B PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant/LG Lets Project for Construction Work Performed by Local Government("LG") Description Of Total Project Federal Participation State Participation Local Government Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized Participation apportionment on projects where EDC amounts Includes authorized applicable TDC reduction % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% 0 Preliminary Engineering $0 0% $0 0% $0 TDCs 0 Environmental Cost $0 0% $0 0% $0 0% 0 Right of Way $0 0% $0 0% $0 0% 0 Utilities $0 0% $0 0% $0 0% 0 Construction Cost $10,153,457 Construction $1,644,382 En ineerin Cost Eligible In-Kind $ Contribution Value Total Construction Value sum of construction cost and in-kind value $11,797,839 100% $11,797,839 0% $0 TDCs 2,359,567.80 Work by LG Subtotal $11,797,839 $11,797,839 $0 2,359,567.80 Work Performed by the State(Local Participation paid up front by LG to D• Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 UtilitieS2 $0 0% $0 0% $0 0% $0 Construction Cost2 $ $0 Eligible In-Kind $ $0 0% $0 0% $0 0% Contribution Value AFA TASA Page 1 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID I Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development Total Construction Value sum of construction cost and in-kind value Work by State Subtotal $0 $0 $0 $0 OversightDirect and Indirect State Costs Incurred for Review,Inspection,Administration& Description of Total Project Federal Participation State Participation Local Government(LG) Project Costs to be Incurred Cost Estimate Includes percentage for TDC Includes authorized Participation apportionment on projects where EDC amount Includes authorized applicable TDC reduction % Cost % Cost % Cost Preliminary Engineering' $185,493 100% $185,492.70 0% $0 TDCs 37,098 Environmental Cost' $123,662 100% $123,661.80 0% $0 TDCs 24,732.36 Right of Way' $37,098 100% $37,098.49 0% $0 TDCs 7,419.71 Utilities' $24,732 100% $24,732.36 0% $0 TDCs 4,946.47 Construction $865,633 100% $865,632.60 0% $0 TDCs 173,126.52 Direct State Costs Subtotal $1,236,618 100% $1,236,618 0% $0 TDCs 247,323.60 Indirect State Cost $542,701 $0 100% $542,701 $0 TOTAL PARTICIPATION $13,577,158 $13,034,457 $542,701 2,606,891 In-kind Contribution Credit Applied 00 $0 TOTAL REMAINING PARTICIPATION AFTER TDCs IN-KIND CONTRIBUTION ■ The estimated total participation by Local Government is$0. ■ The Local Government is responsible for 100%of overruns. ■ Total estimated payment by Local Government to State is$0. ■ 'Local Government's first payment of$0 is due to State within 30 days from execution of this contract. ■ 2 Local Government's second payment of$0 is due to State within 60 days prior to the Construction contract being advertised for bids. ■ 'If ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. AFA TASA Page 2 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CC51# 0916-00-282 1 AFA ID I Z00009326 CFDA No. 20.205 AFA C51s 0916-00-282 CFDA Title Highway Planning and Construction District# 16RP Code Chart 64# 09800-Corpus Christi Project Name Holly Road Train Trestle to Tourism Trail AFA Not Used For Research&Development ■ The local match must be 20%or greater and may include State contributions,eligible in-kind contributions, EDC adjustments, or TDCs if authorized as part of project selection. ■ Transportation Development Credits(TDC)are being utilized in place of the Local Government's participation in the amount of 2,606,891. ■ This is an estimate;the final amount of Local Government participation will be based on actual costs. ■ Maximum federal TASA funds available for Project are$13,034,457. AFA TASA Page 3 of 3 Attachment B 1/23/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-00-282 1 AFA ID Z00009326 CFDA No. 20.205 AFA CSJs 0916-00-282 CFDA Title Highway Planning and Construction District# CRP Code Chart 09800-Corpus 16 64# Christi Project Name Holly Road Train Trestle to Tourism AFA Not Used For Research&Development Trail ATTACHMENT C RESOLUTION OF LOCAL GOVERNMENT Pending Page 1 of 1 AFA TASA Attachment C 1/23/2024 FY 25 thru FY 27 Capital Improvement Plan Corpus Christi, Texas y •-_ t ter---- Project# 23169 Project Name Holly Road Train Trestle to Tourism Trail Contact Director of Parks&Recreation Department Parks&Recreation Type Reconditioning-Asset Category Park Improvements Priority Priority Level 1 Status Active Useful Life 25 years Council District 4 Description This project involves constructing a 15-foot-wide shared-use path from the existing path on the west side of Oso Bay along Division Road to Flour Bluff Drive,and along Flour Bluff Drive from Division Road to Don Patricio Road.It will include building a pedestrian bridge across Oso Bay using existing pilings from the abandoned train trestle bridge justification Enhancements to this key city park amenity will increase visitors and the local community usage.These improvements increase the public's experience and enjoyment of their visit to this recreational facility. Expenditures Prior FY 25 FY 26 FY 27 Total Construction/Rehab 0 11,797,839 0 0 11,797,839 Design 300,000 1,275,000 0 0 1,575,000 Eng,Admin Reimbursements 200,000 25,000 0 0 225,000 Total 500,000 13,097,839 0 0 13,597,839 Funding Sources Prior FY 25 FY 26 FY 27 Total TxDOT 0 11,797,839 0 0 11,797,839 Grant-American Rescue Act 0 1,300,000 0 0 1,300,000 G.O.Bond 2022 500,000 0 0 0 500,000 Total 500,000 13,097,839 0 0 13,597,839 Budget Impact There is no operation impact with this project for FY 2025.Annual maintenance cost to be budgeted in the Park and Recreation operating budget to maintain improvements and amenities after the completion of the project. From: PTN_BikePed <bikeped@txdot.gov> Sent:Thursday, November 2, 2023 10:45 AM To:Tonya Whatley<TonyaW@cctexas.com> Cc: Ronald Tabor<Ronald.Tabor@txdot.gov>; Sonya Ayers<Sonva.Avers@txdot.gov> Subject: FW: 2023 TxDOT TA Project Awarded for the City of Corpus Christi [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Congratulations, Ms. Whatley! On October 26, 2023, the Texas Transportation Commission (the Commission) approved funding for 83 Transportation Alternatives Set-Aside (TA) Program projects from across the state valued at approximately$345.1 million. The Texas Department of Transportation's Public Transportation Division (PTN) manages TxDOT's statewide TA program and wants to congratulate the City of Corpus Christi on your TA project that was authorized to receive federal TA funding (100% maximum for construction due to Transportation Development Credits eligibility) by the Commission. For your convenience, a brief description of your recently funded state-selected 2023 TA projects is provided below. Due to the refinement of project applications prior to Commission action, a PDF of your selected project's final 2023 TA application should be downloaded from TxDOT's Box.com by clicking the link below. Project Sponsor: City of Corpus Christi Project Name: Holly Rd.Train Trestle to Tourism Trail Phases of work included in award: Construction Federal Funding Amount: $13,034,457 Project Description: The project will construct a 15-foot-wide shared-use path and a new pedestrian bridge across Oso Bay. The project will renovate the existing train trestle bridge and connect the Holly Road and Flour Bluff Drive shared- use paths. Box.com link: https://txdot.box.com/s/142pl3gkuv6notnssrmc0wgznispsni0 Next Steps PTN looks forward to working with the project sponsor and district staff to advance 2023 TA projects toward construction. TxDOT's District TA Coordinator, Ronald Tabor, and TxDOT's Local Government Projects Coordinator, SonvaAvers, copied on this email, will provide the City assistance throughout project development. The first steps to initiate recently awarded 2023 TA projects include: • TxDOT— PTN will send an invite to a virtual workshop to discuss general project initiation and development timelines • Completing Local Government Project Procedures Training if the local government will be responsible for any phase of work where they will be reimbursed with federal funds • Participate in project initiation kickoff meeting with the TxDOT District and Public Transportation Representative • Coordinating with the TxDOT District and Metropolitan Planning Organization (MPO)to group or, if desired by the local MPO, begin the process to individually list project(s) in the local Transportation Improvement Program (TIP) document and then the Statewide TIP (STIP) o If your project will be individually listed in the MPO TIP, please ask your MPO to work with the TxDOT District and TxDOT-PTN on the funding breakdown for the TIP before listing the project to avoid the need for a later revision. • Determining who will be responsible for project development and construction letting and developing a project development schedule • Initiating coordination with a railroad owner for any project that crosses, parallels, uses a portion of railroad right-of-way, or is within 100 feet of a railroad ROW. • Developing an Advance Funding Agreement(AFA) and associated documentation TxDOT's District TA Coordinator will be your primary point of contact to advance these projects and will contact you with further details about the next steps. If you have any questions, feel free to contact Ronald Tobor or my office. Thanks, Noah Heath,AICP Transportation Alternatives (TA) Program Manager TxDOT- Public Transportation Division Noah.Heath@txdot.gov (512) 486-5973 (o) (361) 876-7184 (m) A Texas Departm ant of Transportation message UELP End the streak of daily -a on Texas roadways. OCorppus sti Engineering Holly Road Train Trestle to Tourism Trail - AFA Council Presentation '' April 08, 2025 �p US CH y t852 s ti — - 0) Project Scope Corpus Chr5ci Engineering This motion authorizes an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for Holly Road Train Trestle to Tourism Trail consists of the construction of a 15-foot-wide shared use path from the existing shared use path on the west side of Oso Bay along Division Road to Flour Bluff Drive and along Flour Bluff Drive from Division Road to Don Patricio Road. The project will include the construction of a pedestrian bridge across the OSO Bay utilizing existing pilings from the abandoned train trestle bridge. Train Trestle Photos Corpus Chr 5ci Engineering Conceptual Layouts Corpus Chrsti Engineering Typical Sections A,D,E,and F-Corresponding to Project Overview Exhibit TYP.SHAREDHSECONCRETEPATH �01 &EMERGENCY VEHICLE ACCESS SECRION =wwnwwxrw (�, P[wST pF�WneWfs oxivePSEcria+ /1 60rviS.O.nOn.oiMFad Ey in[nil SEa ON •__- 5 Conceptual Layouts Corpus Chrsti Engineering Typical Bridge Sections B&C-Corresponding to Project Overview Exhibit T��11�o T�M�w�� , —— — � — �1 iVP,PILE CAP SECTION TYP.PILE Eq BENT SECTION xu ewao � ,�Mcen oea ei a mis.e sea,c. s p - n�eav eie �F 11111111 BUMP-OUT SECTION O 6 i BLUE Project Location oy \ Al c �e' r i� e�•.. rr� Location Map � - COMPTON w LL 'Q LL GRAHAM ' ~ J _ Lam`, r W 3 CANTERA r•a', •� .r -SETH = J Z W Z J �o 0 � OAK�HILL �' o 1 SEA OAK ANTOINETTE " V C � IJ PURDUE U 5 � > > W �y N Y N Z J Q ' m 2 PROJECT, NO. 23169 HOLLY ROAD TRAIN CITY COUNCIL EXHIBIT 1. TRESTLE TO TOURISM j CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES TRAIL